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