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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Business Assistance and Regulatory Reform | ||||||
5 | Act is amended by changing Sections 5, 10, and 15 and by adding | ||||||
6 | Section 7 as follows:
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7 | (20 ILCS 608/5)
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8 | Sec. 5. Goal. The goal of this Act is to improve the | ||||||
9 | State's business
climate by making it easier for small and | ||||||
10 | mid-size businesses to deal with
State requirements for doing | ||||||
11 | business. Subject to appropriation, this This goal will be | ||||||
12 | achieved through
providing prompt quick , accurate information | ||||||
13 | about on existing requirements , and avoiding
unnecessary | ||||||
14 | requirements , and increasing the transparency and | ||||||
15 | accessibility of permitting processes by consolidating status | ||||||
16 | updates from State agencies regarding the issuance of permits | ||||||
17 | for covered projects .
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18 | (Source: P.A. 88-404.)
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19 | (20 ILCS 608/7 new) | ||||||
20 | Sec. 7. Covered project. As used in this Act, "covered | ||||||
21 | project" means any project in Illinois that: (1) involves the | ||||||
22 | construction of infrastructure for renewable or conventional |
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1 | energy production, electricity transmission, surface | ||||||
2 | transportation, aviation, ports and waterways, water resource | ||||||
3 | development, broadband, pipelines, or manufacturing; (2) | ||||||
4 | requires authorization or environmental review by a State | ||||||
5 | agency; (3) is likely to require a total future investment of | ||||||
6 | more than $20,000,000; and (4) is the subject of a petition for | ||||||
7 | recognition as a covered project that has been approved by the | ||||||
8 | Department.
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9 | (20 ILCS 608/10)
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10 | Sec. 10. Executive Office. There is created an Office of | ||||||
11 | Business
Permits and Regulatory Assistance (hereinafter | ||||||
12 | referred to as "office")
within the Department of Commerce and | ||||||
13 | Community Affairs (now Department of Commerce and Economic | ||||||
14 | Opportunity)
which shall consolidate existing programs
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15 | throughout State government, provide assistance to businesses | ||||||
16 | with fewer than
500
employees in meeting State requirements | ||||||
17 | for doing business and perform other
functions specified in | ||||||
18 | this Act. The office shall use information technology tools to | ||||||
19 | track schedules for covered projects and metrics in order to | ||||||
20 | improve transparency and accountability in the permitting | ||||||
21 | process, reduce uncertainty and delays, and reduce costs and | ||||||
22 | risks to taxpayers. The
By March 1, 1994, the office shall | ||||||
23 | complete and file with the Governor and the
General Assembly a | ||||||
24 | plan for the implementation of this Act. Thereafter, the
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25 | office shall carry out the provisions of this Act, subject to |
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1 | funding
through appropriation.
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2 | (Source: P.A. 98-463, eff. 8-16-13.)
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3 | (20 ILCS 608/15)
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4 | Sec. 15. Providing Information and Expediting Permit | ||||||
5 | Reviews.
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6 | (a) The office shall provide an online information system | ||||||
7 | using a website toll-free
business assistance number. The | ||||||
8 | number shall be advertised throughout the
State. Interested | ||||||
9 | businesses shall If requested, the caller will be sent , | ||||||
10 | electronically, a basic business kit, describing
the basic | ||||||
11 | requirements and procedures for doing business in Illinois. If
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12 | requested, the caller shall be directed to one or more of the | ||||||
13 | additional
services provided by the office. All persons | ||||||
14 | providing advice to callers on
behalf of
the office and all | ||||||
15 | persons responsible for directly providing services to
persons | ||||||
16 | visiting the office or one of its branches shall be persons | ||||||
17 | with small
business experience in an administrative or | ||||||
18 | managerial capacity.
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19 | (b) (Blank).
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20 | (c) Any applicant for permits required for a business | ||||||
21 | activity may confer
with the office to obtain assistance in | ||||||
22 | the prompt and efficient processing and
review of | ||||||
23 | applications. The office shall, subject to appropriation, may | ||||||
24 | designate an employee of the office to
act as a permit | ||||||
25 | assistance manager to:
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1 | (1) facilitate contacts for the applicant with | ||||||
2 | responsible agencies;
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3 | (2) arrange conferences to clarify the requirements of | ||||||
4 | interested
agencies;
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5 | (3) consider with State agencies the feasibility of | ||||||
6 | consolidating
hearings and data required of the applicant;
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7 | (4) assist the applicant in resolution of outstanding | ||||||
8 | issues identified by
State agencies; and
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9 | (5) coordinate federal, State and local regulatory | ||||||
10 | procedures and permit
review actions to the extent | ||||||
11 | possible.
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12 | (d) The office shall publish an online a directory of | ||||||
13 | State business permits and State
programs to assist small | ||||||
14 | businesses.
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15 | (e) The office shall attempt to establish
agreements with | ||||||
16 | local governments to
allow the office to provide assistance to | ||||||
17 | applicants for permits required by
these local governments.
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18 | (f) (Blank). Interested
State agencies shall, to the | ||||||
19 | maximum extent feasible, establish procedures to
expedite | ||||||
20 | applications for infrastructure projects. Applications for | ||||||
21 | permits
for infrastructure projects shall be approved or | ||||||
22 | disapproved within 45 days of
submission, unless law or | ||||||
23 | regulations specify a different period. If the
interested | ||||||
24 | agency is unable to act within that period, the agency shall | ||||||
25 | provide
a written notification to the office specifying | ||||||
26 | reasons for its inability to
act and the date by which approval |
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1 | or disapproval shall be determined. The
office may require any | ||||||
2 | interested State agency to designate an employee who
will | ||||||
3 | coordinate the handling of permits in that area.
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4 | (g) In addition to its responsibilities in connection with | ||||||
5 | permit
assistance, the office shall provide general regulatory | ||||||
6 | information by
directing businesses to appropriate officers in | ||||||
7 | State agencies to supply the
information requested.
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8 | (h) The office shall help businesses to locate and apply | ||||||
9 | to training
programs available to train current employees in | ||||||
10 | particular skills, techniques
or areas of knowledge relevant | ||||||
11 | to the employees' present or anticipated job
duties. In | ||||||
12 | pursuit of this objective, the office shall provide businesses | ||||||
13 | with
pertinent information about training programs offered by | ||||||
14 | State agencies, units
of local government, public universities | ||||||
15 | and colleges, community colleges, and
school districts in | ||||||
16 | Illinois.
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17 | (i) The office shall help businesses to locate and apply | ||||||
18 | to State programs
offering to businesses grants, loans, loan | ||||||
19 | or bond guarantees, investment
partnerships, technology or | ||||||
20 | productivity consultation, or other forms of
business | ||||||
21 | assistance.
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22 | (j) To the extent authorized by federal law, the office | ||||||
23 | shall assist
businesses in ascertaining and complying with the | ||||||
24 | requirements of the federal
Americans with Disabilities Act.
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25 | (k) The office shall provide confidential on-site | ||||||
26 | assistance in identifying
problems and solutions in compliance |
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1 | with requirements of State and federal
environmental | ||||||
2 | regulations. The office shall work through and contract with | ||||||
3 | the Illinois Sustainable Technology
Center to provide | ||||||
4 | confidential on-site
consultation audits that (i) assist | ||||||
5 | regulatory compliance and (ii) identify
pollution prevention | ||||||
6 | opportunities.
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7 | (k-5) Until July 1, 2012, the office shall provide | ||||||
8 | confidential on-site assistance, including, but not limited | ||||||
9 | to, consultation audits, to identify
problems and solutions | ||||||
10 | regarding compliance with the requirements of the federal
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11 | Occupational Safety and Health Administration. On and after | ||||||
12 | July 1, 2012, the Department of Labor shall provide | ||||||
13 | confidential on-site assistance, including, but not limited | ||||||
14 | to, consultation audits, to identify
problems and solutions | ||||||
15 | regarding compliance with the requirements of the federal
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16 | Occupational Safety and Health Administration. | ||||||
17 | (l) The office shall provide information on existing loan | ||||||
18 | and business
assistance programs provided by the State.
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19 | (m) Each State agency having jurisdiction to approve or | ||||||
20 | deny a permit shall
have the continuing power heretofore or | ||||||
21 | hereafter vested in it to make such
determinations. The | ||||||
22 | provisions of this Act shall not lessen or reduce such
powers | ||||||
23 | and shall modify the procedures followed in carrying out such | ||||||
24 | powers
only to the extent provided in this Act.
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25 | (n) (1) Each State agency shall , subject to appropriation, | ||||||
26 | fully cooperate with the office in
providing information, |
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1 | documentation, personnel or facilities requested by the
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2 | office.
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3 | (2) Each State agency shall annually provide the office | ||||||
4 | with processes and timelines for all permits having | ||||||
5 | jurisdiction of any permit to which the
master application | ||||||
6 | procedure is applicable shall designate an employee to act
as | ||||||
7 | permit liaison office with the office in carrying out the | ||||||
8 | provisions of this
Act .
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9 | (o) (1) The office shall, subject to appropriation, | ||||||
10 | identify and track metrics for the timeline of permit reviews, | ||||||
11 | permit decisions, and project outcomes for covered projects | ||||||
12 | has authority, but is not required, to keep and analyze
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13 | appropriate statistical data regarding the number of permits | ||||||
14 | issued by State
agencies, the amount of time necessary for the | ||||||
15 | permits to be issued, the cost
of obtaining such permits, the | ||||||
16 | types of projects for which specific permits are
issued, a | ||||||
17 | geographic distribution of permits, and other pertinent data | ||||||
18 | the
office deems appropriate .
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19 | The office shall , subject to appropriation, administer and | ||||||
20 | expand the use of online transparency tools providing: | ||||||
21 | (i) tracking and reporting metrics; | ||||||
22 | (ii) posting of regulatory timelines for permit | ||||||
23 | reviews and permit decisions; those timelines shall be | ||||||
24 | provided to the office by each State agency having | ||||||
25 | jurisdiction over permits; | ||||||
26 | (iii) the sharing of best practices relating to |
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1 | efficient project permitting and reviews; those best | ||||||
2 | practices shall be provided to the office by each State | ||||||
3 | agency having jurisdiction over permits; and | ||||||
4 | (iv) a visual display of relevant geospatial data to | ||||||
5 | support the permitting process. make such data and any | ||||||
6 | analysis of the data available to
the public.
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7 | (2) The office may has authority, but is not required, to | ||||||
8 | conduct or cause to be
conducted a thorough review of any | ||||||
9 | agency's permit requirements and the need
by the State to | ||||||
10 | require such permits. The office shall draw on the review, on
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11 | its direct experience, and on its statistical analyses to | ||||||
12 | prepare
recommendations regarding how to:
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13 | (i) eliminate unnecessary or antiquated permit | ||||||
14 | requirements;
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15 | (ii) consolidate duplicative or overlapping permit | ||||||
16 | requirements;
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17 | (iii) simplify overly complex or lengthy application | ||||||
18 | procedures;
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19 | (iv) expedite time-consuming agency review and | ||||||
20 | approval procedures; or
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21 | (v) otherwise improve the permitting processes in the | ||||||
22 | State.
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23 | The office shall submit copies of all recommendations | ||||||
24 | within 5 days of
issuance to the affected agency, the | ||||||
25 | Governor, the General Assembly, and the
Joint Committee on | ||||||
26 | Administrative Rules.
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1 | (p) The office may has authority to review State forms on | ||||||
2 | its own initiative or
upon the request of another State agency | ||||||
3 | to ascertain the burden, if any, of
complying with those | ||||||
4 | forms. If the office determines that a form is unduly
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5 | burdensome to business, it may recommend to the agency issuing | ||||||
6 | the form either
that the form be eliminated or that specific | ||||||
7 | changes be made in the form.
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8 | (q) Not later than March 1 of each year, beginning March 1, | ||||||
9 | 1995, the office
shall submit an annual
report of its | ||||||
10 | activities during the preceding year to the Governor and | ||||||
11 | General
Assembly. The report shall describe the activities of | ||||||
12 | the office during the
preceding year and shall contain | ||||||
13 | statistical information on the permit
assistance activities of | ||||||
14 | the office.
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15 | (r) All provisions of this Section are subject to adequate | ||||||
16 | appropriation for the purpose of carrying out provisions of | ||||||
17 | this Section. | ||||||
18 | (Source: P.A. 97-787, eff. 7-13-12; 98-346, eff. 8-14-13.)
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