Rep. Lance Yednock
Filed: 3/17/2023
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1 | AMENDMENT TO HOUSE BILL 3017
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2 | AMENDMENT NO. ______. Amend House Bill 3017 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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. This goal will be achieved through
providing quick, | ||||||
12 | accurate information on existing requirements , and avoiding
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13 | unnecessary requirements , and expediting permit issuance .
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14 | (Source: P.A. 88-404.)
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15 | (20 ILCS 608/7 new) |
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1 | Sec. 7. Covered project. As used in this Act, "covered | ||||||
2 | project" means any activity in Illinois that: (1) involves the | ||||||
3 | construction of infrastructure for renewable or conventional | ||||||
4 | energy production, electricity transmission, surface | ||||||
5 | transportation, aviation, ports and waterways, water resource | ||||||
6 | projects, broadband, pipelines, or manufacturing; (2) requires | ||||||
7 | authorization or environmental review by a State agency; and | ||||||
8 | (3) is likely to require a total investment of more than | ||||||
9 | $20,000,000.
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10 | (20 ILCS 608/10)
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11 | Sec. 10. Executive Office. There is created an Office of | ||||||
12 | Business
Permits and Regulatory Assistance (hereinafter | ||||||
13 | referred to as "office")
within the Department of Commerce and | ||||||
14 | Community Affairs (now Department of Commerce and Economic | ||||||
15 | Opportunity)
which shall consolidate existing programs
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16 | throughout State government, provide assistance to businesses | ||||||
17 | with fewer than
500
employees in meeting State requirements | ||||||
18 | for doing business and perform other
functions specified in | ||||||
19 | this Act. The office shall implement reforms to improve | ||||||
20 | interagency coordination that allow for expeditious permit | ||||||
21 | issuance for covered projects. The office shall use | ||||||
22 | information technology tools to track schedules for covered | ||||||
23 | projects and metrics in order to improve transparency and | ||||||
24 | accountability in the permitting process, reduce uncertainty | ||||||
25 | and delays, and reduce costs and risks to taxpayers. The
By |
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1 | March 1, 1994, the office shall complete and file with the | ||||||
2 | Governor and the
General Assembly a plan for the | ||||||
3 | implementation of this Act. Thereafter, the
office shall carry | ||||||
4 | out the provisions of this Act, subject to funding
through | ||||||
5 | appropriation.
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6 | (Source: P.A. 98-463, eff. 8-16-13.)
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7 | (20 ILCS 608/15)
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8 | Sec. 15. Providing Information and Expediting Permit | ||||||
9 | Reviews.
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10 | (a) The office shall provide an online information system | ||||||
11 | using a website toll-free
business assistance number. The | ||||||
12 | number shall be advertised throughout the
State. Interested | ||||||
13 | businesses shall If requested, the caller will be sent a basic | ||||||
14 | business kit, describing
the basic requirements and procedures | ||||||
15 | for doing business in Illinois. If
requested, the caller shall | ||||||
16 | be directed to one or more of the additional
services provided | ||||||
17 | by the office. All persons providing advice to callers on
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18 | behalf of
the office and all persons responsible for directly | ||||||
19 | providing services to
persons visiting the office or one of | ||||||
20 | its branches shall be persons with small
business experience | ||||||
21 | in an administrative or managerial capacity.
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22 | (b) (Blank).
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23 | (c) Any applicant for permits required for a business | ||||||
24 | activity may confer
with the office to obtain assistance in | ||||||
25 | the prompt and efficient processing and
review of |
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1 | applications. The office shall may designate an employee of | ||||||
2 | the office to
act as a permit assistance manager to:
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3 | (1) facilitate contacts for the applicant with | ||||||
4 | responsible agencies;
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5 | (2) arrange conferences to clarify the requirements of | ||||||
6 | interested
agencies;
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7 | (3) consider with State agencies the feasibility of | ||||||
8 | consolidating
hearings and data required of the applicant;
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9 | (4) assist the applicant in resolution of outstanding | ||||||
10 | issues identified by
State agencies; and
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11 | (5) coordinate federal, State and local regulatory | ||||||
12 | procedures and permit
review actions to the extent | ||||||
13 | possible.
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14 | (d) The office shall publish an online a directory of | ||||||
15 | State business permits and State
programs to assist small | ||||||
16 | businesses.
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17 | (e) The office shall attempt to establish
agreements with | ||||||
18 | local governments to
allow the office to provide assistance to | ||||||
19 | applicants for permits required by
these local governments.
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20 | (f) (Blank). Interested
State agencies shall, to the | ||||||
21 | maximum extent feasible, establish procedures to
expedite | ||||||
22 | applications for infrastructure projects. Applications for | ||||||
23 | permits
for infrastructure projects shall be approved or | ||||||
24 | disapproved within 45 days of
submission, unless law or | ||||||
25 | regulations specify a different period. If the
interested | ||||||
26 | agency is unable to act within that period, the agency shall |
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1 | provide
a written notification to the office specifying | ||||||
2 | reasons for its inability to
act and the date by which approval | ||||||
3 | or disapproval shall be determined. The
office may require any | ||||||
4 | interested State agency to designate an employee who
will | ||||||
5 | coordinate the handling of permits in that area.
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6 | (g) In addition to its responsibilities in connection with | ||||||
7 | permit
assistance, the office shall provide general regulatory | ||||||
8 | information by
directing businesses to appropriate officers in | ||||||
9 | State agencies to supply the
information requested.
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10 | (h) The office shall help businesses to locate and apply | ||||||
11 | to training
programs available to train current employees in | ||||||
12 | particular skills, techniques
or areas of knowledge relevant | ||||||
13 | to the employees' present or anticipated job
duties. In | ||||||
14 | pursuit of this objective, the office shall provide businesses | ||||||
15 | with
pertinent information about training programs offered by | ||||||
16 | State agencies, units
of local government, public universities | ||||||
17 | and colleges, community colleges, and
school districts in | ||||||
18 | Illinois.
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19 | (i) The office shall help businesses to locate and apply | ||||||
20 | to State programs
offering to businesses grants, loans, loan | ||||||
21 | or bond guarantees, investment
partnerships, technology or | ||||||
22 | productivity consultation, or other forms of
business | ||||||
23 | assistance.
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24 | (j) To the extent authorized by federal law, the office | ||||||
25 | shall assist
businesses in ascertaining and complying with the | ||||||
26 | requirements of the federal
Americans with Disabilities Act.
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1 | (k) The office shall provide confidential on-site | ||||||
2 | assistance in identifying
problems and solutions in compliance | ||||||
3 | with requirements of State and federal
environmental | ||||||
4 | regulations. The office shall work through and contract with | ||||||
5 | the Illinois Sustainable Technology
Center to provide | ||||||
6 | confidential on-site
consultation audits that (i) assist | ||||||
7 | regulatory compliance and (ii) identify
pollution prevention | ||||||
8 | opportunities.
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9 | (k-5) Until July 1, 2012, the office shall provide | ||||||
10 | confidential on-site assistance, including, but not limited | ||||||
11 | to, consultation audits, to identify
problems and solutions | ||||||
12 | regarding compliance with the requirements of the federal
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13 | Occupational Safety and Health Administration. On and after | ||||||
14 | July 1, 2012, the Department of Labor shall provide | ||||||
15 | confidential on-site assistance, including, but not limited | ||||||
16 | to, consultation audits, to identify
problems and solutions | ||||||
17 | regarding compliance with the requirements of the federal
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18 | Occupational Safety and Health Administration. | ||||||
19 | (l) The office shall provide information on existing loan | ||||||
20 | and business
assistance programs provided by the State.
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21 | (m) Each State agency having jurisdiction to approve or | ||||||
22 | deny a permit shall
have the continuing power heretofore or | ||||||
23 | hereafter vested in it to make such
determinations. The | ||||||
24 | provisions of this Act shall not lessen or reduce such
powers | ||||||
25 | and shall modify the procedures followed in carrying out such | ||||||
26 | powers
only to the extent provided in this Act.
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1 | (n) (1) Each State agency shall fully cooperate with the | ||||||
2 | office in
providing information, documentation, personnel or | ||||||
3 | facilities requested by the
office.
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4 | (2) Each State agency having jurisdiction of any permit to | ||||||
5 | which the
master application procedure is applicable shall | ||||||
6 | designate an employee to act
as permit liaison office with the | ||||||
7 | office in carrying out the provisions of this
Act.
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8 | (o) (1) The office shall identify, develop, and track | ||||||
9 | metrics for the timeline of permit reviews, permit decisions, | ||||||
10 | and project outcomes for covered projects has authority, but | ||||||
11 | is not required, to keep and analyze
appropriate statistical | ||||||
12 | data regarding the number of permits issued by State
agencies, | ||||||
13 | the amount of time necessary for the permits to be issued, the | ||||||
14 | cost
of obtaining such permits, the types of projects for | ||||||
15 | which specific permits are
issued, a geographic distribution | ||||||
16 | of permits, and other pertinent data the
office deems | ||||||
17 | appropriate .
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18 | The office shall administer and expand the use of online | ||||||
19 | transparency tools providing: | ||||||
20 | (i) tracking and reporting metrics; | ||||||
21 | (ii) development and posting of schedules for permit | ||||||
22 | reviews and permit decisions; | ||||||
23 | (iii) the sharing of best practices relating to | ||||||
24 | efficient project permitting and reviews; and | ||||||
25 | (iv) the visual display of relevant geospatial data to | ||||||
26 | support the permitting process. make such data and any |
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1 | analysis of the data available to
the public.
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2 | (2) The office shall has authority, but is not required, | ||||||
3 | to conduct or cause to be
conducted a thorough review of any | ||||||
4 | agency's permit requirements and the need
by the State to | ||||||
5 | require such permits. The office shall draw on the review, on
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6 | its direct experience, and on its statistical analyses to | ||||||
7 | prepare
recommendations regarding how to:
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8 | (i) eliminate unnecessary or antiquated permit | ||||||
9 | requirements;
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10 | (ii) consolidate duplicative or overlapping permit | ||||||
11 | requirements;
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12 | (iii) simplify overly complex or lengthy application | ||||||
13 | procedures;
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14 | (iv) expedite time-consuming agency review and | ||||||
15 | approval procedures; or
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16 | (v) otherwise improve the permitting processes in the | ||||||
17 | State.
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18 | The office shall submit copies of all recommendations | ||||||
19 | within 5 days of
issuance to the affected agency, the | ||||||
20 | Governor, the General Assembly, and the
Joint Committee on | ||||||
21 | Administrative Rules.
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22 | (p) The office shall has authority to review State forms | ||||||
23 | on its own initiative or
upon the request of another State | ||||||
24 | agency to ascertain the burden, if any, of
complying with | ||||||
25 | those forms. If the office determines that a form is unduly
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26 | burdensome to business, it may recommend to the agency issuing |
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1 | the form either
that the form be eliminated or that specific | ||||||
2 | changes be made in the form.
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3 | (q) Not later than March 1 of each year, beginning March 1, | ||||||
4 | 1995, the office
shall submit an annual
report of its | ||||||
5 | activities during the preceding year to the Governor and | ||||||
6 | General
Assembly. The report shall describe the activities of | ||||||
7 | the office during the
preceding year and shall contain | ||||||
8 | statistical information on the permit
assistance activities of | ||||||
9 | the office.
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10 | (Source: P.A. 97-787, eff. 7-13-12; 98-346, eff. 8-14-13.)".
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