SB4217 102ND GENERAL ASSEMBLY

LRB102 28148 DTM 39955 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4217

Introduced 11/14/2022, by Sen. Terri Bryant - Jil Tracy - Neil Anderson - Jason Plummer - Dale Fowler, et al.

SYNOPSIS AS INTRODUCED:

20 ILCS 608/5
20 ILCS 608/7 new
20 ILCS 608/10
20 ILCS 608/15
20 ILCS 608/25 new
20 ILCS 608/30 new

Amends the Business Assistance and Regulatory Reform Act. Modifies requirements concerning the Office of Business Permits and Regulatory Assistance. Provides that the office shall implement reforms to improve interagency coordination that allow for expeditious permitting issuance. Provides that the office shall utilize information technology tools to track project schedules and metrics to improve transparency and accountability of the permitting process, reduce uncertainty and delays, and reduce costs and risks to taxpayers. Modifies provisions and adds requirements concerning the provision of information and the expediting of permit reviews. Provides for the creation of an Interagency Permitting Advisory Committee. Provides additional requirements concerning the permitting process under the Act. Defines terms. Makes other changes.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Business Assistance and Regulatory Reform Act is amended by changing Sections 5, 10, and 15 and by adding Sections 7, 25, and 30 as follows:

(20 ILCS 608/5)

Sec. 5. Goal. The goal of this Act is to improve the State's business climate by making it easier for small and mid-size businesses to deal with State requirements for doing business. This goal will be achieved through providing quick, accurate information on existing requirements, and avoiding unnecessary requirements, and expediting permit issuance.

(Source: P.A. 88-404.)

(20 ILCS 608/7 new)

Sec. 7. Definitions. As used in this Act:

"Authorization" means any license, permit, approval, finding, determination, or other administrative decision issued by an agency and any interagency consultation that is required or authorized under State law in order to site, construct, reconstruct, or commence operations of a covered project administered by a State agency or, in the case of a unit of local government that chooses to participate in the environmental review and authorization process in accordance with subparagraph (A) of paragraph (3) of subsection (c) of Section 30, a local permitting authority.

"Committee" means the Interagency Permitting Advisory Committee established under Section 25.

"Covered project" means any activity in Illinois with authorization or environmental review by an agency involving construction of infrastructure for renewable or conventional energy production, electricity transmission, surface transportation, aviation, ports and waterways, water resource projects, broadband, pipelines, manufacturing, or any other sector as determined by a majority vote of the Committee that:

(1) is subject to permitting requirements pursuant to the Environmental Protection Act, is likely to require a total investment of more than $20,000,000, and does not qualify for abbreviated authorization or environmental review processes under any applicable law; or

(2) is subject to permitting requirements pursuant to the Environmental Protection Act and the size and complexity of which, in the opinion of the Committee, makes the project likely to benefit from enhanced oversight and coordination, including a project likely to require authorization from or environmental review involving more than 2 agencies.

"Project sponsor" means an entity, including any private, public, or public-private entity, seeking an authorization for a covered project.

(20 ILCS 608/10)

Sec. 10. Executive Office. There is created an Office of Business Permits and Regulatory Assistance (hereinafter referred to as "office") within the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) which shall consolidate existing programs throughout State government, provide assistance to businesses with fewer than 500 employees in meeting State requirements for doing business, consolidate existing programs throughout State government, and perform other functions specified in this Act. The office shall implement reforms to improve interagency coordination that allow for expeditious permitting issuance. The office shall utilize information technology tools to track project schedules and metrics to improve transparency and accountability of the permitting process, reduce uncertainty and delays, and reduce costs and risks to taxpayers. The By March 1, 1994, the office shall complete and file with the Governor and the General Assembly a plan for the implementation of this Act. Thereafter, the office shall carry out the provisions of this Act, subject to funding through appropriation.

(Source: P.A. 98-463, eff. 8-16-13.)

(20 ILCS 608/15)

Sec. 15. Providing Information and Expediting Permit Reviews.

(a) The office shall provide an online information system using a website toll-free business assistance number. The number shall be advertised throughout the State. Interested businesses shall If requested, the caller will be sent a basic business kit, describing the basic requirements and procedures for doing business in Illinois. If requested, the caller shall be directed to one or more of the additional services provided by the office. All persons providing advice to callers on behalf of the office and all persons responsible for directly providing services to persons visiting the office or one of its branches shall be persons with small business experience in an administrative or managerial capacity.

(b) (Blank).

(c) Any applicant for permits required for a business activity may confer with the office to obtain assistance in the prompt and efficient processing and review of applications. The office shall may designate an employee of the office to act as a permit assistance manager to:

(1) facilitate contacts for the applicant with responsible agencies;

(2) arrange conferences to clarify the requirements of interested agencies;

(3) consider with State agencies the feasibility of consolidating hearings and data required of the applicant;

(4) assist the applicant in resolution of outstanding issues identified by State agencies; and

(5) coordinate federal, State and local regulatory procedures and permit review actions to the extent possible.

(d) The office shall publish an online a directory of State business permits and State programs to assist small businesses.

(e) The office shall attempt to establish agreements with local governments to allow the office to provide assistance to applicants for permits required by these local governments.

(f) (Blank). Interested State agencies shall, to the maximum extent feasible, establish procedures to expedite applications for infrastructure projects. Applications for permits for infrastructure projects shall be approved or disapproved within 45 days of submission, unless law or regulations specify a different period. If the interested agency is unable to act within that period, the agency shall provide a written notification to the office specifying reasons for its inability to act and the date by which approval or disapproval shall be determined. The office may require any interested State agency to designate an employee who will coordinate the handling of permits in that area.

(g) In addition to its responsibilities in connection with permit assistance, the office shall provide general regulatory information by directing businesses to appropriate officers in State agencies to supply the information requested.

(h) The office shall help businesses to locate and apply to training programs available to train current employees in particular skills, techniques or areas of knowledge relevant to the employees' present or anticipated job duties. In pursuit of this objective, the office shall provide businesses with pertinent information about training programs offered by State agencies, units of local government, public universities and colleges, community colleges, and school districts in Illinois.

(i) The office shall help businesses to locate and apply to State programs offering to businesses grants, loans, loan or bond guarantees, investment partnerships, technology or productivity consultation, or other forms of business assistance.

(j) To the extent authorized by federal law, the office shall assist businesses in ascertaining and complying with the requirements of the federal Americans with Disabilities Act.

(k) The office shall provide confidential on-site assistance in identifying problems and solutions in compliance with requirements of State and federal environmental regulations. The office shall work through and contract with the Illinois Sustainable Technology Center to provide confidential on-site consultation audits that (i) assist regulatory compliance and (ii) identify pollution prevention opportunities.

(k-5) Until July 1, 2012, the office shall provide confidential on-site assistance, including, but not limited to, consultation audits, to identify problems and solutions regarding compliance with the requirements of the federal Occupational Safety and Health Administration. On and after July 1, 2012, the Department of Labor shall provide confidential on-site assistance, including, but not limited to, consultation audits, to identify problems and solutions regarding compliance with the requirements of the federal Occupational Safety and Health Administration.

(l) The office shall provide information on existing loan and business assistance programs provided by the State.

(m) Each State agency having jurisdiction to approve or deny a permit shall have the continuing power heretofore or hereafter vested in it to make such determinations. The provisions of this Act shall not lessen or reduce such powers and shall modify the procedures followed in carrying out such powers only to the extent provided in this Act.

(n) (1) Each State agency shall fully cooperate with the office in providing information, documentation, personnel or facilities requested by the office.

(2) Each State agency having jurisdiction of any permit to which the master application procedure is applicable shall designate an employee to act as permit liaison office with the office in carrying out the provisions of this Act.

(o) (1) The office shall identify, develop, and track metrics for timeliness of permit reviews, permit decisions, and project outcomes has authority, but is not required, to keep and analyze appropriate statistical data regarding the number of permits issued by State agencies, the amount of time necessary for the permits to be issued, the cost of obtaining such permits, the types of projects for which specific permits are issued, a geographic distribution of permits, and other pertinent data the office deems appropriate.

The office shall administer and expand the use of online transparency tools providing:

(i) tracking and reporting metrics;

(ii) development and posting of schedules for permit reviews and permit decisions;

(iii) the sharing of best practices relating to efficient project permitting and reviews; and

(iv) the visual display of relevant geospatial data to support the permitting process. make such data and any analysis of the data available to the public.

(2) The office shall has authority, but is not required, to conduct or cause to be conducted a thorough review of any agency's permit requirements and the need by the State to require such permits. The office shall draw on the review, on its direct experience, and on its statistical analyses to prepare recommendations regarding how to:

(i) eliminate unnecessary or antiquated permit requirements;

(ii) consolidate duplicative or overlapping permit requirements;

(iii) simplify overly complex or lengthy application procedures;

(iv) expedite time-consuming agency review and approval procedures; or

(v) otherwise improve the permitting processes in the State.

The office shall submit copies of all recommendations within 5 days of issuance to the affected agency, the Governor, the General Assembly, and the Joint Committee on Administrative Rules.

(p) The office shall has authority to review State forms on its own initiative or upon the request of another State agency to ascertain the burden, if any, of complying with those forms. If the office determines that a form is unduly burdensome to business, it may recommend to the agency issuing the form either that the form be eliminated or that specific changes be made in the form.

(q) Not later than March 1 of each year, beginning March 1, 1995, the office shall submit an annual report of its activities during the preceding year to the Governor and General Assembly. The report shall describe the activities of the office during the preceding year and shall contain statistical information on the permit assistance activities of the office.

(Source: P.A. 97-787, eff. 7-13-12; 98-346, eff. 8-14-13.)

(20 ILCS 608/25 new)

Sec. 25. Interagency Permitting Advisory Committee.

(a) The Director of each permitting agency shall designate a representative of the agency to serve on the committee and represent the agency as agency chief environmental review and permitting officer as required by this Act.

(b) The head of each of the following agencies, or his or her designee, shall serve on the committee:

(1) the Office of Business Permits and Regulatory Assistance;

(2) the Environmental Protection Agency;

(3) the Department of Transportation;

(4) the Department of Natural Resources;

(5) the Illinois Commerce Commission;

(6) the Office of State Fire Marshal; and

(7) the Department of Public Health.

(20 ILCS 608/30 new)

Sec. 30. Permitting process improvement.

(a) Project initiation and designation of participating agencies.

(1) Notice.

(A) A project sponsor of a covered project shall submit to the office notice of the initiation of a proposed covered project.

(B) Each notice described in subparagraph (A) shall include:

(i) a statement of the purposes and objectives of the proposed project;

(ii) a concise description, including the general location of the proposed project and a summary of geospatial information, if available, illustrating the project area and the locations, if any, of environmental, cultural, and historic resources;

(iii) a statement regarding the technical and financial ability of the project sponsor to construct the proposed project;

(iv) a statement of any financing, and authorizations anticipated to be required to complete the proposed project; and

(v) an assessment that the proposed project meets the definition of a covered project under Section 7 and a statement of reasons supporting the assessment.

(2) Invitation.

(A) Not later than 21 calendar days after the date on which the office makes a specific entry for the project on the Permitting Dashboard under paragraph (1) of subsection (b), the office, with input from the agency chief environmental review and permitting officer shall:

(i) identify agencies and governmental entities likely to have financing, environmental review, authorization, or other responsibilities with respect to the proposed project; and

(ii) invite all agencies identified under clause (i) to become a cooperating agency, in the environmental review and authorization management process described in this Section.

(B) Each invitation made under subparagraph (A) shall include a 14 calendar day deadline for a response to be submitted to the office.

(3) Cooperating agencies.

(A) An agency invited under paragraph (2) shall be designated as a cooperating agency for a covered project, unless the agency informs the office in writing before the deadline under subparagraph (B) of paragraph (2) that the agency:

(i) has no jurisdiction or authority with respect to the proposed project; or

(ii) does not intend to exercise authority related to, or submit comments on, the proposed project.

(B) On request and a showing of changed circumstances, the office may designate an agency that has opted out under subparagraph (A)(ii) of this paragraph (3) to be a cooperating agency.

(4) The designation described in paragraph (3) shall not:

(A) give the cooperating agency authority or jurisdiction over the covered project; or

(B) expand any jurisdiction or authority a cooperating agency may have over the proposed project.

(b) Permitting Dashboard.

(1) Requirement to maintain.

(A) The office, in coordination with the Department of Innovation and Technology, shall maintain an online database to be known as the "Permitting Dashboard" to track the status of environmental reviews and authorizations for any cover project.

(B) If the office determines that the project is not a covered project, the project sponsor may submit a further explanation as to why the project is a covered project not later than 14 days after the date of being notified of the determination.

(C) Not later than 14 days after receiving an explanation described in subparagraph (B), the office shall:

(i) make a final and conclusive determination as to whether the project is a covered project; and

(ii) if the office determines that the project is a covered project, create a specific entry on the Permitting Dashboard for the covered project.

(2) Postings by agencies.

(A) For each covered project added to the Permitting Dashboard under paragraph (1), the office and each cooperating and agency shall post to the Permitting Dashboard:

(i) a hyperlink that directs to a website that contains, to the extent consistent with applicable law:

(I) the notification submitted under paragraph (1) of subsection (a);

(II) where practicable: (aa) the applications and supporting documents that have been submitted by a project sponsor for any required environmental review or authorization; or (bb) a notice explaining how the public may obtain access to such documents;

(III) a description of any agency action taken or decision made that materially affects the status of a covered project;

(IV) any significant document that supports the action or decision described in subclause (III); and

(V) a description of the status of any litigation to which the agency is a party that is directly related to the project, including, if practicable, any judicial document made available on an electronic docket maintained by a federal, State, or local court; and

(ii) any document described in clause (i) that is not available by hyperlink on another website.

(B) The information described in subparagraph (A) shall be posted to the website made available by hyperlink on the Permitting Dashboard not later than 5 business days after the date on which the agency receives the information.

(3) Postings by the office. The office shall publish to the Permitting Dashboard:

(A) the permitting timetable established under paragraph (2) of subsection (c);

(B) the status of the compliance of each agency with the permitting timetable;

(C) any modifications of the permitting timetable;

(D) an explanation of each modification described in subparagraph (C); and

(E) any memorandum of understanding established under subparagraph (C) of paragraph (3) of subsection (c).

(c) Coordination and timetables.

(1) Coordinated project plan.

(A) Not later than 60 days after the date on which the office makes a specific entry for the project on the Permitting Dashboard, in consultation with each agency chief environmental review and permitting officer, shall establish a concise plan for coordinating public and agency participation in, and completion of, any required environmental review and authorization for the project.

(B) The coordinated project plan shall include the following information and be updated by the office, as applicable, at least once per quarter:

(i) A list of, and roles and responsibilities for, all entities with environmental review or authorization responsibility for the project.

(ii) A permitting timetable, as described in paragraph (2), setting forth a comprehensive schedule of dates by which all environmental reviews and authorizations, and to the maximum extent practicable, other jurisdictions' permits, reviews, and approvals must be made.

(iii) A discussion of potential avoidance, minimization, and mitigation strategies, if required by applicable law and known.

(iv) Plans and a schedule for public outreach and coordination, to the extent required by applicable law.

(C) The coordinated project plan described in subparagraph (A) may be incorporated into a memorandum of understanding.

(2) Permitting timetable.

(A) As part of the coordination project plan under paragraph (1), the office, in consultation with each agency chief environmental review and permitting officer, the project sponsor, and any unit of local government in which the project is located, and, subject to subparagraph (C), with the concurrence of each cooperating agency, shall establish a permitting timetable that includes intermediate and final completion dates for action by each cooperating agency on any environmental review or authorization required for the project. The final completion states shall be based on relevant historical data but with the aim of completing all required authorizations within 2 years.

(B) In establishing the permitting timetable under subparagraph (A), the office may vary the timetable based on relevant factors including:

(i) the size and complexity of the covered project;

(ii) the resources available to each participating agency;

(iii) the regional or national economic significance of the project;

(iv) the sensitivity of the natural or historic resources that may be affected by the project;

(v) the financing plan for the project; and

(vi)the extent to which similar projects in geographic proximity to the project were recently subject to environmental review or similar procedures under State law.

(C) Dispute resolution.

(i) The office, in consultation with appropriate agency chief environmental review and permitting officers and the project sponsor, shall, as necessary, mediate any disputes regarding the permitting timetable referred to under subparagraph (A).

(ii) If a dispute remains unresolved 30 days after the date on which the dispute was submitted to the office, the Director of the Governor's Office of Management and Budget shall facilitate a resolution of the dispute and direct the agencies party to the dispute to resolve the dispute by the end of the 60-day period beginning on the date of submission of the dispute to the office.

(iii) Any action taken by the Director of the Governor's Office of Management and Budget in the resolution of a dispute under clause (ii) shall:

(I) be final and conclusive; and

(II) not be subject to judicial review.

(D) Modification after approval.

(i) The office may modify a permitting timetable established under subparagraph (A) only if:

(I) the affected cooperating agencies, after consultation with the project sponsor, agree to a different completion date;

(II) the affected cooperating agency provides a written justification for the modification; and

(III) in the case of a modification that would necessitate an extension of a final completion date under a permitting timetable established under subparagraph (A) to a date more than 30 days after the final completion date originally established under subparagraph (A), the office shall consult with the project sponsor and make a determination on the record, based on consideration of the relevant factors described under subparagraph (B), whether to make such modification.

(ii) A completion date in the permitting timetable may not be modified within 30 days after the completion date.

(iii) Limitation on length of modifications.

(I) Except as provided in subclause (II), the total length of all modifications to a permitting timetable authorized or made under this subparagraph (D), other than for reasons outside the control of federal, State, local, or tribal governments, may not extend the permitting timetable for a period of time greater than half of the amount of time from the establishment of the permitting timetable under subparagraph (A) to the last final completion date originally established under subparagraph (A).

(II) The Director of the Governor's Office of Management and Budget, after consultation with the project sponsor, may permit the office to authorize additional extensions of a permitting timetable beyond the limit prescribed by subclause (I). In such a case, the Director of the Governor's Office of Management and Budget shall transmit, not later than 5 days after making a determination to permit an authorization of extension under this subclause (II), a report to the General Assembly explaining why such modification is required. Such report shall explain to the General Assembly with specificity why the original permitting timetable and the modifications authorized by the office failed to be adequate. The office shall transmit to the Director of the Governor's Office of Management and Budget, a supplemental report on progress toward the final completion date each year thereafter, until the permit review is completed or the project sponsor withdraws its notice or application or other request to which this Section applies.

(iv) The following shall not be subject to judicial review:

(I) A determination by the office under subclause (III) of clause (i).

(II) A determination under subclause (II) of clause (iii) by the Director of the Governor's Office of Management and Budget to permit the office to authorize extensions of a permitting timetable.

(E) A permitting timetable established under subparagraph (A) shall be consistent with any other relevant time period established under law and shall not prevent any cooperating agency from discharging any obligation under law in connection with the project.

(F) Conforming to permitting timetables.

(i) Each agency shall conform to the completion dates set forth in the permitting timetable established under subparagraph (A), or with any completion date modified under subparagraph (D).

(ii) If an agency fails to conform with a completion date for agency action on a covered project or is at significant risk of failing to conform with such a completion date, the agency shall:

(I) promptly submit to the office for publication on the Permitting Dashboard an explanation of the specific reasons for failing or significantly risking failing to conform to the completion date and a proposal for an alternative completion date;

(II) in consultation with the office establish, an alternative completion date; and

(III) each month thereafter until the agency has taken final action on the delayed authorization or review, submit to the office for posting on the Permitting Dashboard a status report describing any agency activity related to the project.

(G) Abandonment of covered project.

(i) If the office has a reasonable basis to doubt the continuing technical or financial ability of the project sponsor to construct the covered project, the office may request the project sponsor provide an updated statement regarding the ability of the project sponsor to complete the project.

(ii) If the project sponsor fails to respond to a request described in clause (i) by the date that is 30 days after receiving the request, the office shall publish an appropriate notice on the Permitting Dashboard.

(iii) On publication of a notice under clause (ii), the completion dates in the permitting timetable shall be tolled and agencies shall be relieved of the obligation to comply with subparagraph (F) until the project sponsor submits to the office an updated statement regarding the technical and financial ability of the project sponsor to construct the project.

(3) Cooperating local governments.

(A) If the environmental review is being implemented within the boundaries of a unit of local government, it may choose to participate in the environmental review and authorization process under this subsection and to make subject to the process all local authorities that:

(i) have jurisdiction over the covered project;

(ii) are required to conduct or issue a review, analysis, opinion, or statement for the covered project; or

(iii) are required to make a determination on issuing a permit, license, or other approval or decision for the covered project.

(B) To the maximum extent practicable under applicable law, the office shall coordinate the environmental review and authorization processes under this subsection (c) with any local authority responsible for conducting any separate review or authorization of the covered project to ensure timely and efficient completion of environmental reviews and authorizations.

(C) Any coordination plan between the office and any local authority shall, to the maximum extent practicable, be included in a memorandum of understanding.

(d) Early consultation. The office shall provide an expeditious process for project sponsors to confer with each cooperating agency involved and, not later than 60 days after the date on which the project sponsor submits a request under this subsection, to have each such agency provide to the project sponsor information concerning:

(1) the availability of information and tools, including pre-application toolkits, to facilitate early planning efforts;

(2) key issues of concern to each agency and to the public; and

(3) issues that must be addressed before an environmental review or authorization can be completed.