Bill Text: IL SB0850 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the engrossed bill with changes. Provides that the Department of Commerce and Economic Opportunity may designate an area as a food desert even if the area does not meet the qualifications set forth in the engrossed bill as long as the designation is made in accordance with criteria established by the Department of Commerce and Economic Opportunity by rule using data that includes, but is not limited to, poverty metrics and access to existing grocery stores. Provides that the provisions of the engrossed bill apply to independently owned for-profit grocery stores, cooperative grocery stores, or not-for-profit grocery stores (in the engrossed bill, only independently owned for-profit grocery stores). Amends the Public Utilities Act to make conforming changes.

Spectrum: Strong Partisan Bill (Democrat 67-6)

Status: (Passed) 2023-08-18 - Public Act . . . . . . . . . 103-0561 [SB0850 Detail]

Download: Illinois-2023-SB0850-Engrossed.html

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SB0850 Engrossed LRB103 03308 RPS 48314 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Grocery Initiative Act.
Section 5. Definitions. In this Act:
"Department" means the Department of Commerce and Economic
Opportunity.
"Food desert" means a census tract that:
(1) meets one of the following poverty standards:
(A) the census tract has a poverty rate of at least
20%; or
(B) the census tract is not located within a
metropolitan statistical area and has a median family
income that is less than or equal to 80% of the
statewide median household income; or
(C) the census tract is located within a
metropolitan statistical area and has a median family
income that is less than or equal to 80% of the greater
of (i) the statewide median household income or (ii)
the metropolitan area median family income; and
(2) meets one of the following population density and
food accessibility standards:

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(A) the census tract is a rural tract, and at least
33% of the population of the tract or at least 500
residents in the tract reside more than 10 miles from
the nearest grocery store; or
(B) the census tract is an urban tract, and at
least 33% of the population of the tract or at least
500 residents in the tract reside more than one-half
mile from the nearest grocery store.
"Grocery store" means an existing or planned retail
establishment that: (1) has or will have a primary business of
selling a variety of grocery products, including fresh
produce; (2) derives or will derive no more than 30% of its
revenue from sales of tobacco and alcohol in any given year;
(3) is or will be classified as a supermarket or other grocery
retailer in the 2022 North American Industry Classification
System under code 445110; (4) accepts or will accept
Supplemental Nutrition Assistance Program benefits and Special
Supplemental Nutrition Program for Women, Infants, and
Children benefits; and (5) provides or will provide for the
retail sale of a substantial variety of perishable foods,
including fresh or frozen dairy products, fresh produce, and
fresh meats, poultry, and fish.
"Local governmental unit" means any county, municipality,
township, special district, or unit that is designated as a
unit of local government by law and exercises limited
governmental powers or powers in respect to limited

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governmental subjects. "Local governmental unit" also includes
any school district or community college district.
"Rural tract" means a census tract that is not an urban
tract.
"Urban tract" means a census tract having its geographic
centroid in an urban area, as defined by the Bureau of the
Census for the most recent year in which all relevant data to
identify food deserts is available.
Section 10. Grocery Initiative Study. The Department
shall, subject to appropriation, study food insecurity in
urban and rural food deserts. The study may include an
exploration of the reasons for current market failures,
potential policy solutions, geographic trends, and the need
for independent grocers, and it shall identify communities at
risk of becoming food deserts. The study may also include a
disparity study to assess the need for aspirational goals for
ownership among minority, women, and persons with a disability
as defined in the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act. The Department may enter
into contracts, grants, or other agreements to complete this
study. This report shall be submitted to the General Assembly
by December 31, 2024. This Section is repealed on January 1,
2026.
Section 15. Grocery Initiative Grants and Financial

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Support.
(a) The Department shall, subject to appropriation,
establish the Grocery Initiative to expand access to healthy
foods in food deserts in Illinois and areas at risk of becoming
food deserts in Illinois by providing grants and other forms
of financial assistance to independently owned for-profit
grocery stores, as well as grocery stores owned and operated
by local governmental units. The Department may enter into
contracts, grants, or other agreements to administer these
grants and other forms of financial assistance. The Department
may, by rule, place limits on the size of the grocery stores
that are eligible for grants and other financial assistance
under this Act, including, but not limited to, limits on the
annual revenue or projected revenue of the applicant, number
of full-time employees, or square footage of the facilities.
The Department may prioritize grant awards and loan funding to
applicants based on poverty rates, income, geographic
diversity, local ownership, access to grocery stores in the
area surrounding proposed project locations, and other factors
as determined by the Department. The Department may award
grants or provide loans for any one or more of the following:
(1) market and site feasibility studies, promotional
materials, and marketing;
(2) salaries and benefits for workers;
(3) rent or a down payment to acquire a facility;
(4) purchase of ownership of a grocery store as part

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of establishing a new independently owned grocery store;
(5) capital improvements, planning, renovations, land
acquisition, demolition, durable and non-durable equipment
purchases; or
(6) other costs as determined eligible by the
Department.
(b) The Department may, subject to appropriation, provide
grants for equipment upgrades for existing
independently-owned, cooperative, and for-profit grocery
stores. The Department shall use no more than 20% of total
program funding for this purpose. Equipment upgrades shall be
focused on providing access to equipment that is energy
efficient.
Section 20. Technical Assistance.
(a) The Department shall, subject to appropriation,
provide technical assistance to grantees awarded grants under
the Act, and other small, independently owned grocery stores
to ensure their long-term viability and business success.
Technical assistance, online resources, and materials provided
shall include, but shall not be limited to, business planning,
marketing, financing, supply chain management, and workforce
development assistance.
(b) The Department may enter into grants, contracts, or
other agreements to provide assistance. At least one technical
assistance provider shall be located in a county with a

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population of at least 3,000,000 inhabitants, and at least one
provider shall be located in a county with a population of less
than 400,000 inhabitants.
Section 25. Rulemaking. The Department shall adopt rules
to implement and administer this Act.
Section 30. The Illinois Enterprise Zone Act is amended by
changing Section 5.5 as follows:
(20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
Sec. 5.5. High Impact Business.
(a) In order to respond to unique opportunities to assist
in the encouragement, development, growth, and expansion of
the private sector through large scale investment and
development projects, the Department is authorized to receive
and approve applications for the designation of "High Impact
Businesses" in Illinois, for an initial term of 20 years with
an option for renewal for a term not to exceed 20 years,
subject to the following conditions:
(1) such applications may be submitted at any time
during the year;
(2) such business is not located, at the time of
designation, in an enterprise zone designated pursuant to
this Act;
(3) the business intends to do one or more of the

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following:
(A) the business intends to make a minimum
investment of $12,000,000 which will be placed in
service in qualified property and intends to create
500 full-time equivalent jobs at a designated location
in Illinois or intends to make a minimum investment of
$30,000,000 which will be placed in service in
qualified property and intends to retain 1,500
full-time retained jobs at a designated location in
Illinois. The terms "placed in service" and "qualified
property" have the same meanings as described in
subsection (h) of Section 201 of the Illinois Income
Tax Act; or
(B) the business intends to establish a new
electric generating facility at a designated location
in Illinois. "New electric generating facility", for
purposes of this Section, means a newly constructed
electric generation plant or a newly constructed
generation capacity expansion at an existing electric
generation plant, including the transmission lines and
associated equipment that transfers electricity from
points of supply to points of delivery, and for which
such new foundation construction commenced not sooner
than July 1, 2001. Such facility shall be designed to
provide baseload electric generation and shall operate
on a continuous basis throughout the year; and (i)

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shall have an aggregate rated generating capacity of
at least 1,000 megawatts for all new units at one site
if it uses natural gas as its primary fuel and
foundation construction of the facility is commenced
on or before December 31, 2004, or shall have an
aggregate rated generating capacity of at least 400
megawatts for all new units at one site if it uses coal
or gases derived from coal as its primary fuel and
shall support the creation of at least 150 new
Illinois coal mining jobs, or (ii) shall be funded
through a federal Department of Energy grant before
December 31, 2010 and shall support the creation of
Illinois coal-mining jobs, or (iii) shall use coal
gasification or integrated gasification-combined cycle
units that generate electricity or chemicals, or both,
and shall support the creation of Illinois coal-mining
jobs. The term "placed in service" has the same
meaning as described in subsection (h) of Section 201
of the Illinois Income Tax Act; or
(B-5) the business intends to establish a new
gasification facility at a designated location in
Illinois. As used in this Section, "new gasification
facility" means a newly constructed coal gasification
facility that generates chemical feedstocks or
transportation fuels derived from coal (which may
include, but are not limited to, methane, methanol,

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and nitrogen fertilizer), that supports the creation
or retention of Illinois coal-mining jobs, and that
qualifies for financial assistance from the Department
before December 31, 2010. A new gasification facility
does not include a pilot project located within
Jefferson County or within a county adjacent to
Jefferson County for synthetic natural gas from coal;
or
(C) the business intends to establish production
operations at a new coal mine, re-establish production
operations at a closed coal mine, or expand production
at an existing coal mine at a designated location in
Illinois not sooner than July 1, 2001; provided that
the production operations result in the creation of
150 new Illinois coal mining jobs as described in
subdivision (a)(3)(B) of this Section, and further
provided that the coal extracted from such mine is
utilized as the predominant source for a new electric
generating facility. The term "placed in service" has
the same meaning as described in subsection (h) of
Section 201 of the Illinois Income Tax Act; or
(D) the business intends to construct new
transmission facilities or upgrade existing
transmission facilities at designated locations in
Illinois, for which construction commenced not sooner
than July 1, 2001. For the purposes of this Section,

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"transmission facilities" means transmission lines
with a voltage rating of 115 kilovolts or above,
including associated equipment, that transfer
electricity from points of supply to points of
delivery and that transmit a majority of the
electricity generated by a new electric generating
facility designated as a High Impact Business in
accordance with this Section. The term "placed in
service" has the same meaning as described in
subsection (h) of Section 201 of the Illinois Income
Tax Act; or
(E) the business intends to establish a new wind
power facility at a designated location in Illinois.
For purposes of this Section, "new wind power
facility" means a newly constructed electric
generation facility, a newly constructed expansion of
an existing electric generation facility, or the
replacement of an existing electric generation
facility, including the demolition and removal of an
electric generation facility irrespective of whether
it will be replaced, placed in service or replaced on
or after July 1, 2009, that generates electricity
using wind energy devices, and such facility shall be
deemed to include any permanent structures associated
with the electric generation facility and all
associated transmission lines, substations, and other

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equipment related to the generation of electricity
from wind energy devices. For purposes of this
Section, "wind energy device" means any device, with a
nameplate capacity of at least 0.5 megawatts, that is
used in the process of converting kinetic energy from
the wind to generate electricity; or
(E-5) the business intends to establish a new
utility-scale solar facility at a designated location
in Illinois. For purposes of this Section, "new
utility-scale solar power facility" means a newly
constructed electric generation facility, or a newly
constructed expansion of an existing electric
generation facility, placed in service on or after
July 1, 2021, that (i) generates electricity using
photovoltaic cells and (ii) has a nameplate capacity
that is greater than 5,000 kilowatts, and such
facility shall be deemed to include all associated
transmission lines, substations, energy storage
facilities, and other equipment related to the
generation and storage of electricity from
photovoltaic cells; or
(F) the business commits to (i) make a minimum
investment of $500,000,000, which will be placed in
service in a qualified property, (ii) create 125
full-time equivalent jobs at a designated location in
Illinois, (iii) establish a fertilizer plant at a

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designated location in Illinois that complies with the
set-back standards as described in Table 1: Initial
Isolation and Protective Action Distances in the 2012
Emergency Response Guidebook published by the United
States Department of Transportation, (iv) pay a
prevailing wage for employees at that location who are
engaged in construction activities, and (v) secure an
appropriate level of general liability insurance to
protect against catastrophic failure of the fertilizer
plant or any of its constituent systems; in addition,
the business must agree to enter into a construction
project labor agreement including provisions
establishing wages, benefits, and other compensation
for employees performing work under the project labor
agreement at that location; for the purposes of this
Section, "fertilizer plant" means a newly constructed
or upgraded plant utilizing gas used in the production
of anhydrous ammonia and downstream nitrogen
fertilizer products for resale; for the purposes of
this Section, "prevailing wage" means the hourly cash
wages plus fringe benefits for training and
apprenticeship programs approved by the U.S.
Department of Labor, Bureau of Apprenticeship and
Training, health and welfare, insurance, vacations and
pensions paid generally, in the locality in which the
work is being performed, to employees engaged in work

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of a similar character on public works; this paragraph
(F) applies only to businesses that submit an
application to the Department within 60 days after
July 25, 2013 (the effective date of Public Act
98-109); and
(G) the business is a grocery store, as that term
is defined in Section 5 of the Grocery Initiative Act,
and receives financial support under that Act within
the 10 years before submitting its application under
this Act; and
(4) no later than 90 days after an application is
submitted, the Department shall notify the applicant of
the Department's determination of the qualification of the
proposed High Impact Business under this Section.
(b) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(A) of this Section shall
qualify for the credits and exemptions described in the
following Acts: Section 9-222 and Section 9-222.1A of the
Public Utilities Act, subsection (h) of Section 201 of the
Illinois Income Tax Act, and Section 1d of the Retailers'
Occupation Tax Act; provided that these credits and exemptions
described in these Acts shall not be authorized until the
minimum investments set forth in subdivision (a)(3)(A) of this
Section have been placed in service in qualified properties
and, in the case of the exemptions described in the Public
Utilities Act and Section 1d of the Retailers' Occupation Tax

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Act, the minimum full-time equivalent jobs or full-time
retained jobs set forth in subdivision (a)(3)(A) of this
Section have been created or retained. Businesses designated
as High Impact Businesses under this Section shall also
qualify for the exemption described in Section 5l of the
Retailers' Occupation Tax Act. The credit provided in
subsection (h) of Section 201 of the Illinois Income Tax Act
shall be applicable to investments in qualified property as
set forth in subdivision (a)(3)(A) of this Section.
(b-5) Businesses designated as High Impact Businesses
pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
and (a)(3)(D) of this Section shall qualify for the credits
and exemptions described in the following Acts: Section 51 of
the Retailers' Occupation Tax Act, Section 9-222 and Section
9-222.1A of the Public Utilities Act, and subsection (h) of
Section 201 of the Illinois Income Tax Act; however, the
credits and exemptions authorized under Section 9-222 and
Section 9-222.1A of the Public Utilities Act, and subsection
(h) of Section 201 of the Illinois Income Tax Act shall not be
authorized until the new electric generating facility, the new
gasification facility, the new transmission facility, or the
new, expanded, or reopened coal mine is operational, except
that a new electric generating facility whose primary fuel
source is natural gas is eligible only for the exemption under
Section 5l of the Retailers' Occupation Tax Act.
(b-6) Businesses designated as High Impact Businesses

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pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this
Section shall qualify for the exemptions described in Section
5l of the Retailers' Occupation Tax Act; any business so
designated as a High Impact Business being, for purposes of
this Section, a "Wind Energy Business".
(b-7) Beginning on January 1, 2021, businesses designated
as High Impact Businesses by the Department shall qualify for
the High Impact Business construction jobs credit under
subsection (h-5) of Section 201 of the Illinois Income Tax Act
if the business meets the criteria set forth in subsection (i)
of this Section. The total aggregate amount of credits awarded
under the Blue Collar Jobs Act (Article 20 of Public Act 101-9)
shall not exceed $20,000,000 in any State fiscal year.
(c) High Impact Businesses located in federally designated
foreign trade zones or sub-zones are also eligible for
additional credits, exemptions and deductions as described in
the following Acts: Section 9-221 and Section 9-222.1 of the
Public Utilities Act; and subsection (g) of Section 201, and
Section 203 of the Illinois Income Tax Act.
(d) Except for businesses contemplated under subdivision
(a)(3)(E) or (a)(3)(E-5) of this Section, existing Illinois
businesses which apply for designation as a High Impact
Business must provide the Department with the prospective plan
for which 1,500 full-time retained jobs would be eliminated in
the event that the business is not designated.
(e) Except for new wind power facilities contemplated

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under subdivision (a)(3)(E) of this Section, new proposed
facilities which apply for designation as High Impact Business
must provide the Department with proof of alternative
non-Illinois sites which would receive the proposed investment
and job creation in the event that the business is not
designated as a High Impact Business.
(f) Except for businesses contemplated under subdivision
(a)(3)(E) of this Section, in the event that a business is
designated a High Impact Business and it is later determined
after reasonable notice and an opportunity for a hearing as
provided under the Illinois Administrative Procedure Act, that
the business would have placed in service in qualified
property the investments and created or retained the requisite
number of jobs without the benefits of the High Impact
Business designation, the Department shall be required to
immediately revoke the designation and notify the Director of
the Department of Revenue who shall begin proceedings to
recover all wrongfully exempted State taxes with interest. The
business shall also be ineligible for all State funded
Department programs for a period of 10 years.
(g) The Department shall revoke a High Impact Business
designation if the participating business fails to comply with
the terms and conditions of the designation.
(h) Prior to designating a business, the Department shall
provide the members of the General Assembly and Commission on
Government Forecasting and Accountability with a report

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setting forth the terms and conditions of the designation and
guarantees that have been received by the Department in
relation to the proposed business being designated.
(i) High Impact Business construction jobs credit.
Beginning on January 1, 2021, a High Impact Business may
receive a tax credit against the tax imposed under subsections
(a) and (b) of Section 201 of the Illinois Income Tax Act in an
amount equal to 50% of the amount of the incremental income tax
attributable to High Impact Business construction jobs credit
employees employed in the course of completing a High Impact
Business construction jobs project. However, the High Impact
Business construction jobs credit may equal 75% of the amount
of the incremental income tax attributable to High Impact
Business construction jobs credit employees if the High Impact
Business construction jobs credit project is located in an
underserved area.
The Department shall certify to the Department of Revenue:
(1) the identity of taxpayers that are eligible for the High
Impact Business construction jobs credit; and (2) the amount
of High Impact Business construction jobs credits that are
claimed pursuant to subsection (h-5) of Section 201 of the
Illinois Income Tax Act in each taxable year. Any business
entity that receives a High Impact Business construction jobs
credit shall maintain a certified payroll pursuant to
subsection (j) of this Section.
As used in this subsection (i):

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"High Impact Business construction jobs credit" means an
amount equal to 50% (or 75% if the High Impact Business
construction project is located in an underserved area) of the
incremental income tax attributable to High Impact Business
construction job employees. The total aggregate amount of
credits awarded under the Blue Collar Jobs Act (Article 20 of
Public Act 101-9) shall not exceed $20,000,000 in any State
fiscal year
"High Impact Business construction job employee" means a
laborer or worker who is employed by an Illinois contractor or
subcontractor in the actual construction work on the site of a
High Impact Business construction job project.
"High Impact Business construction jobs project" means
building a structure or building or making improvements of any
kind to real property, undertaken and commissioned by a
business that was designated as a High Impact Business by the
Department. The term "High Impact Business construction jobs
project" does not include the routine operation, routine
repair, or routine maintenance of existing structures,
buildings, or real property.
"Incremental income tax" means the total amount withheld
during the taxable year from the compensation of High Impact
Business construction job employees.
"Underserved area" means a geographic area that meets one
or more of the following conditions:
(1) the area has a poverty rate of at least 20%

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according to the latest American Community Survey;
(2) 35% or more of the families with children in the
area are living below 130% of the poverty line, according
to the latest American Community Survey;
(3) at least 20% of the households in the area receive
assistance under the Supplemental Nutrition Assistance
Program (SNAP); or
(4) the area has an average unemployment rate, as
determined by the Illinois Department of Employment
Security, that is more than 120% of the national
unemployment average, as determined by the U.S. Department
of Labor, for a period of at least 2 consecutive calendar
years preceding the date of the application.
(j) Each contractor and subcontractor who is engaged in
and executing a High Impact Business Construction jobs
project, as defined under subsection (i) of this Section, for
a business that is entitled to a credit pursuant to subsection
(i) of this Section shall:
(1) make and keep, for a period of 5 years from the
date of the last payment made on or after June 5, 2019 (the
effective date of Public Act 101-9) on a contract or
subcontract for a High Impact Business Construction Jobs
Project, records for all laborers and other workers
employed by the contractor or subcontractor on the
project; the records shall include:
(A) the worker's name;

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(B) the worker's address;
(C) the worker's telephone number, if available;
(D) the worker's social security number;
(E) the worker's classification or
classifications;
(F) the worker's gross and net wages paid in each
pay period;
(G) the worker's number of hours worked each day;
(H) the worker's starting and ending times of work
each day;
(I) the worker's hourly wage rate;
(J) the worker's hourly overtime wage rate;
(K) the worker's race and ethnicity; and
(L) the worker's gender;
(2) no later than the 15th day of each calendar month,
provide a certified payroll for the immediately preceding
month to the taxpayer in charge of the High Impact
Business construction jobs project; within 5 business days
after receiving the certified payroll, the taxpayer shall
file the certified payroll with the Department of Labor
and the Department of Commerce and Economic Opportunity; a
certified payroll must be filed for only those calendar
months during which construction on a High Impact Business
construction jobs project has occurred; the certified
payroll shall consist of a complete copy of the records
identified in paragraph (1) of this subsection (j), but

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may exclude the starting and ending times of work each
day; the certified payroll shall be accompanied by a
statement signed by the contractor or subcontractor or an
officer, employee, or agent of the contractor or
subcontractor which avers that:
(A) he or she has examined the certified payroll
records required to be submitted by the Act and such
records are true and accurate; and
(B) the contractor or subcontractor is aware that
filing a certified payroll that he or she knows to be
false is a Class A misdemeanor.
A general contractor is not prohibited from relying on a
certified payroll of a lower-tier subcontractor, provided the
general contractor does not knowingly rely upon a
subcontractor's false certification.
Any contractor or subcontractor subject to this
subsection, and any officer, employee, or agent of such
contractor or subcontractor whose duty as an officer,
employee, or agent it is to file a certified payroll under this
subsection, who willfully fails to file such a certified
payroll on or before the date such certified payroll is
required by this paragraph to be filed and any person who
willfully files a false certified payroll that is false as to
any material fact is in violation of this Act and guilty of a
Class A misdemeanor.
The taxpayer in charge of the project shall keep the

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records submitted in accordance with this subsection on or
after June 5, 2019 (the effective date of Public Act 101-9) for
a period of 5 years from the date of the last payment for work
on a contract or subcontract for the High Impact Business
construction jobs project.
The records submitted in accordance with this subsection
shall be considered public records, except an employee's
address, telephone number, and social security number, and
made available in accordance with the Freedom of Information
Act. The Department of Labor shall share the information with
the Department in order to comply with the awarding of a High
Impact Business construction jobs credit. A contractor,
subcontractor, or public body may retain records required
under this Section in paper or electronic format.
(k) Upon 7 business days' notice, each contractor and
subcontractor shall make available for inspection and copying
at a location within this State during reasonable hours, the
records identified in this subsection (j) to the taxpayer in
charge of the High Impact Business construction jobs project,
its officers and agents, the Director of the Department of
Labor and his or her deputies and agents, and to federal,
State, or local law enforcement agencies and prosecutors.
(l) The changes made to this Section by this amendatory
Act of the 102nd General Assembly, other than the changes in
subsection (a), apply to high impact businesses that submit
applications on or after the effective date of this amendatory

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Act of the 102nd General Assembly.
(Source: P.A. 101-9, eff. 6-5-19; 102-108, eff. 1-1-22;
102-558, eff. 8-20-21; 102-605, eff. 8-27-21; 102-662, eff.
9-15-21; 102-673, eff. 11-30-21; 102-813, eff. 5-13-22;
102-1125, eff. 2-3-23.)