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Full Text of HB5555  102nd General Assembly

HB5555eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5555 EngrossedLRB102 25480 RJF 34768 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Business Assistance and Regulatory Reform
5Act is amended by changing Sections 5, 10, and 15 and by adding
6Sections 7, 25, and 30 as follows:
 
7    (20 ILCS 608/5)
8    Sec. 5. Goal. The goal of this Act is to improve the
9State's business climate by making it easier for small and
10mid-size businesses to deal with State requirements for doing
11business. This goal will be achieved through providing quick,
12accurate information on existing requirements and avoiding
13unnecessary requirements, and expedite permit issuance.
14(Source: P.A. 88-404.)
 
15    (20 ILCS 608/7 new)
16    Sec. 7. Definitions. As used in this Act:
17    "Authorization" means any license, permit, approval,
18finding, determination, or other administrative decision
19issued by an agency and any interagency consultation that is
20required or authorized under State law in order to site,
21construct, reconstruct, or commence operations of a covered
22project administered by a State agency or, in the case of a

 

 

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1unit of local government that chooses to participate in the
2environmental review and authorization process in accordance
3with subparagraph (A) of paragraph (3) of subsection (c) of
4Section 30, a local permitting authority.
5    "Committee" means the Interagency Permitting Advisory
6Committee established under Section 25.
7    "Covered project" means any activity in Illinois with
8authorization or environmental review by an agency involving
9construction of infrastructure for renewable or conventional
10energy production, electricity transmission, surface
11transportation, aviation, ports and waterways, water resource
12projects, broadband, pipelines, manufacturing, or any other
13sector as determined by a majority vote of the Committee that:
14        (1) is subject to permitting requirements pursuant to
15    the Environmental Protection Act, is likely to require a
16    total investment of more than $20,000,000, and does not
17    qualify for abbreviated authorization or environmental
18    review processes under any applicable law; or
19        (2) is subject to permitting requirements pursuant to
20    the Environmental Protection Act and the size and
21    complexity of which, in the opinion of the Committee,
22    makes the project likely to benefit from enhanced
23    oversight and coordination, including a project likely to
24    require authorization from or environmental review
25    involving more than 2 agencies.
26    "Project sponsor" means an entity, including any private,

 

 

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1public, or public-private entity, seeking an authorization for
2a covered project.
 
3    (20 ILCS 608/10)
4    Sec. 10. Executive Office. There is created an Office of
5Business Permits and Regulatory Assistance (hereinafter
6referred to as "office") within the Department of Commerce and
7Community Affairs (now Department of Commerce and Economic
8Opportunity) which shall consolidate existing programs
9throughout State government, provide assistance to businesses
10with fewer than 500 employees in meeting State requirements
11for doing business, consolidate existing programs throughout
12State government, and perform other functions specified in
13this Act. The office shall implement reforms to improve
14interagency coordination that allow for expeditious permitting
15issuance. The office shall utilize information technology
16tools to track project schedules and metrics to improve
17transparency and accountability of the permitting process,
18reduce uncertainty and delays, and reduce costs and risks to
19taxpayers. The By March 1, 1994, the office shall complete and
20file with the Governor and the General Assembly a plan for the
21implementation of this Act. Thereafter, the office shall carry
22out the provisions of this Act, subject to funding through
23appropriation.
24(Source: P.A. 98-463, eff. 8-16-13.)
 

 

 

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1    (20 ILCS 608/15)
2    Sec. 15. Providing Information and Expediting Permit
3Reviews.
4    (a) The office shall provide an online information system
5using a website toll-free business assistance number. The
6number shall be advertised throughout the State. Interested
7businesses shall If requested, the caller will be sent a basic
8business kit, describing the basic requirements and procedures
9for doing business in Illinois. If requested, the caller shall
10be directed to one or more of the additional services provided
11by the office. All persons providing advice to callers on
12behalf of the office and all persons responsible for directly
13providing services to persons visiting the office or one of
14its branches shall be persons with small business experience
15in an administrative or managerial capacity.
16    (b) (Blank).
17    (c) Any applicant for permits required for a business
18activity may confer with the office to obtain assistance in
19the prompt and efficient processing and review of
20applications. The office shall may designate an employee of
21the office to act as a permit assistance manager to:
22        (1) facilitate contacts for the applicant with
23    responsible agencies;
24        (2) arrange conferences to clarify the requirements of
25    interested agencies;
26        (3) consider with State agencies the feasibility of

 

 

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1    consolidating hearings and data required of the applicant;
2        (4) assist the applicant in resolution of outstanding
3    issues identified by State agencies; and
4        (5) coordinate federal, State and local regulatory
5    procedures and permit review actions to the extent
6    possible.
7    (d) The office shall publish an online a directory of
8State business permits and State programs to assist small
9businesses.
10    (e) The office shall attempt to establish agreements with
11local governments to allow the office to provide assistance to
12applicants for permits required by these local governments.
13    (f) (Blank). Interested State agencies shall, to the
14maximum extent feasible, establish procedures to expedite
15applications for infrastructure projects. Applications for
16permits for infrastructure projects shall be approved or
17disapproved within 45 days of submission, unless law or
18regulations specify a different period. If the interested
19agency is unable to act within that period, the agency shall
20provide a written notification to the office specifying
21reasons for its inability to act and the date by which approval
22or disapproval shall be determined. The office may require any
23interested State agency to designate an employee who will
24coordinate the handling of permits in that area.
25    (g) In addition to its responsibilities in connection with
26permit assistance, the office shall provide general regulatory

 

 

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1information by directing businesses to appropriate officers in
2State agencies to supply the information requested.
3    (h) The office shall help businesses to locate and apply
4to training programs available to train current employees in
5particular skills, techniques or areas of knowledge relevant
6to the employees' present or anticipated job duties. In
7pursuit of this objective, the office shall provide businesses
8with pertinent information about training programs offered by
9State agencies, units of local government, public universities
10and colleges, community colleges, and school districts in
11Illinois.
12    (i) The office shall help businesses to locate and apply
13to State programs offering to businesses grants, loans, loan
14or bond guarantees, investment partnerships, technology or
15productivity consultation, or other forms of business
16assistance.
17    (j) To the extent authorized by federal law, the office
18shall assist businesses in ascertaining and complying with the
19requirements of the federal Americans with Disabilities Act.
20    (k) The office shall provide confidential on-site
21assistance in identifying problems and solutions in compliance
22with requirements of State and federal environmental
23regulations. The office shall work through and contract with
24the Illinois Sustainable Technology Center to provide
25confidential on-site consultation audits that (i) assist
26regulatory compliance and (ii) identify pollution prevention

 

 

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1opportunities.
2    (k-5) Until July 1, 2012, the office shall provide
3confidential on-site assistance, including, but not limited
4to, consultation audits, to identify problems and solutions
5regarding compliance with the requirements of the federal
6Occupational Safety and Health Administration. On and after
7July 1, 2012, the Department of Labor shall provide
8confidential on-site assistance, including, but not limited
9to, consultation audits, to identify problems and solutions
10regarding compliance with the requirements of the federal
11Occupational Safety and Health Administration.
12    (l) The office shall provide information on existing loan
13and business assistance programs provided by the State.
14    (m) Each State agency having jurisdiction to approve or
15deny a permit shall have the continuing power heretofore or
16hereafter vested in it to make such determinations. The
17provisions of this Act shall not lessen or reduce such powers
18and shall modify the procedures followed in carrying out such
19powers only to the extent provided in this Act.
20    (n) (1) Each State agency shall fully cooperate with the
21office in providing information, documentation, personnel or
22facilities requested by the office.
23    (2) Each State agency having jurisdiction of any permit to
24which the master application procedure is applicable shall
25designate an employee to act as permit liaison office with the
26office in carrying out the provisions of this Act.

 

 

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1    (o) (1) The office shall identify, develop, and track
2metrics for timeliness of permit reviews, permit decisions,
3and project outcomes has authority, but is not required, to
4keep and analyze appropriate statistical data regarding the
5number of permits issued by State agencies, the amount of time
6necessary for the permits to be issued, the cost of obtaining
7such permits, the types of projects for which specific permits
8are issued, a geographic distribution of permits, and other
9pertinent data the office deems appropriate.
10    The office shall administer and expand the use of online
11transparency tools providing:
12        (i) tracking and reporting metrics;
13        (ii) development and posting of schedules for permit
14    reviews and permit decisions;
15        (iii) the sharing of best practices relating to
16    efficient project permitting and reviews; and
17        (iv) the visual display of relevant geospatial data to
18    support the permitting process. make such data and any
19    analysis of the data available to the public.
20    (2) The office shall has authority, but is not required,
21to conduct or cause to be conducted a thorough review of any
22agency's permit requirements and the need by the State to
23require such permits. The office shall draw on the review, on
24its direct experience, and on its statistical analyses to
25prepare recommendations regarding how to:
26        (i) eliminate unnecessary or antiquated permit

 

 

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1    requirements;
2        (ii) consolidate duplicative or overlapping permit
3    requirements;
4        (iii) simplify overly complex or lengthy application
5    procedures;
6        (iv) expedite time-consuming agency review and
7    approval procedures; or
8        (v) otherwise improve the permitting processes in the
9    State.
10    The office shall submit copies of all recommendations
11within 5 days of issuance to the affected agency, the
12Governor, the General Assembly, and the Joint Committee on
13Administrative Rules.
14    (p) The office shall has authority to review State forms
15on its own initiative or upon the request of another State
16agency to ascertain the burden, if any, of complying with
17those forms. If the office determines that a form is unduly
18burdensome to business, it may recommend to the agency issuing
19the form either that the form be eliminated or that specific
20changes be made in the form.
21    (q) Not later than March 1 of each year, beginning March 1,
221995, the office shall submit an annual report of its
23activities during the preceding year to the Governor and
24General Assembly. The report shall describe the activities of
25the office during the preceding year and shall contain
26statistical information on the permit assistance activities of

 

 

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1the office.
2(Source: P.A. 97-787, eff. 7-13-12; 98-346, eff. 8-14-13.)
 
3    (20 ILCS 608/25 new)
4    Sec. 25. Interagency Permitting Advisory Committee.
5    (a) The Director of each permitting agency shall designate
6a representative of the agency to serve on the committee and
7represent the agency as agency chief environmental review and
8permitting officer as required by this Act.
9    (b) The head of each of the following agencies, or his or
10her designee, shall serve on the committee:
11        (1) the Office of Business Permits and Regulatory
12    Assistance;
13        (2) the Environmental Protection Agency;
14        (3) the Department of Transportation;
15        (4) the Department of Natural Resources;
16        (5) the Illinois Commerce Commission;
17        (6) the Office of State Fire Marshal; and
18        (7) the Department of Public Health.
 
19    (20 ILCS 608/30 new)
20    Sec. 30. Permitting process improvement.
21    (a) Project initiation and designation of participating
22agencies.
23        (1) Notice.
24            (A) A project sponsor of a covered project shall

 

 

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1        submit to the office notice of the initiation of a
2        proposed covered project.
3            (B) Each notice described in subparagraph (A)
4        shall include:
5                (i) a statement of the purposes and objectives
6            of the proposed project;
7                (ii) a concise description, including the
8            general location of the proposed project and a
9            summary of geospatial information, if available,
10            illustrating the project area and the locations,
11            if any, of environmental, cultural, and historic
12            resources;
13                (iii) a statement regarding the technical and
14            financial ability of the project sponsor to
15            construct the proposed project;
16                (iv) a statement of any financing, and
17            authorizations anticipated to be required to
18            complete the proposed project; and
19                (v) an assessment that the proposed project
20            meets the definition of a covered project under
21            Section 7 and a statement of reasons supporting
22            the assessment.
23        (2) Invitation.
24            (A) Not later than 21 calendar days after the date
25        on which the office makes a specific entry for the
26        project on the Permitting Dashboard under paragraph

 

 

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1        (1) of subsection (b), the office, with input from the
2        agency chief environmental review and permitting
3        officer shall:
4                (i) identify agencies and governmental
5            entities likely to have financing, environmental
6            review, authorization, or other responsibilities
7            with respect to the proposed project; and
8                (ii) invite all agencies identified under
9            clause (i) to become a cooperating agency, in the
10            environmental review and authorization management
11            process described in this Section.
12            (B) Each invitation made under subparagraph (A)
13        shall include a 14 calendar day deadline for a
14        response to be submitted to the office.
15        (3) Cooperating agencies.
16            (A) An agency invited under paragraph (2) shall be
17        designated as a cooperating agency for a covered
18        project, unless the agency informs the office in
19        writing before the deadline under subparagraph (B) of
20        paragraph (2) that the agency:
21                (i) has no jurisdiction or authority with
22            respect to the proposed project; or
23                (ii) does not intend to exercise authority
24            related to, or submit comments on, the proposed
25            project.
26            (B) On request and a showing of changed

 

 

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1        circumstances, the office may designate an agency that
2        has opted out under subparagraph (A)(ii) of this
3        paragraph (3) to be a cooperating agency.
4        (4) The designation described in paragraph (3) shall
5    not:
6            (A) give the cooperating agency authority or
7        jurisdiction over the covered project; or
8            (B) expand any jurisdiction or authority a
9        cooperating agency may have over the proposed project.
10    (b) Permitting Dashboard.
11        (1) Requirement to maintain.
12            (A) The office, in coordination with the
13        Department of Innovation and Technology, shall
14        maintain an online database to be known as the
15        "Permitting Dashboard" to track the status of
16        environmental reviews and authorizations for any cover
17        project.
18            (B) If the office determines that the project is
19        not a covered project, the project sponsor may submit
20        a further explanation as to why the project is a
21        covered project not later than 14 days after the date
22        of being notified of the determination.
23            (C) Not later than 14 days after receiving an
24        explanation described in subparagraph (B), the office
25        shall:
26                (i) make a final and conclusive determination

 

 

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1            as to whether the project is a covered project;
2            and
3                (ii) if the office determines that the project
4            is a covered project, create a specific entry on
5            the Permitting Dashboard for the covered project.
6        (2) Postings by agencies.
7            (A) For each covered project added to the
8        Permitting Dashboard under paragraph (1), the office
9        and each cooperating and agency shall post to the
10        Permitting Dashboard:
11                (i) a hyperlink that directs to a website that
12            contains, to the extent consistent with applicable
13            law:
14                    (I) the notification submitted under
15                paragraph (1) of subsection (a);
16                    (II) where practicable: (aa) the
17                applications and supporting documents that
18                have been submitted by a project sponsor for
19                any required environmental review or
20                authorization; or (bb) a notice explaining how
21                the public may obtain access to such
22                documents;
23                    (III) a description of any agency action
24                taken or decision made that materially affects
25                the status of a covered project;
26                    (IV) any significant document that

 

 

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1                supports the action or decision described in
2                subclause (III); and
3                    (V) a description of the status of any
4                litigation to which the agency is a party that
5                is directly related to the project, including,
6                if practicable, any judicial document made
7                available on an electronic docket maintained
8                by a federal, State, or local court; and
9                (ii) any document described in clause (i) that
10            is not available by hyperlink on another website.
11            (B) The information described in subparagraph (A)
12        shall be posted to the website made available by
13        hyperlink on the Permitting Dashboard not later than 5
14        business days after the date on which the agency
15        receives the information.
16        (3) Postings by the office. The office shall publish
17    to the Permitting Dashboard:
18            (A) the permitting timetable established under
19        paragraph (2) of subsection (c);
20            (B) the status of the compliance of each agency
21        with the permitting timetable;
22            (C) any modifications of the permitting timetable;
23            (D) an explanation of each modification described
24        in subparagraph (C); and
25            (E) any memorandum of understanding established
26        under subparagraph (C) of paragraph (3) of subsection

 

 

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1        (c).
2    (c) Coordination and timetables.
3        (1) Coordinated project plan.
4            (A) Not later than 60 days after the date on which
5        the office makes a specific entry for the project on
6        the Permitting Dashboard, in consultation with each
7        agency chief environmental review and permitting
8        officer, shall establish a concise plan for
9        coordinating public and agency participation in, and
10        completion of, any required environmental review and
11        authorization for the project.
12            (B) The coordinated project plan shall include the
13        following information and be updated by the office, as
14        applicable, at least once per quarter:
15                (i) A list of, and roles and responsibilities
16            for, all entities with environmental review or
17            authorization responsibility for the project.
18                (ii) A permitting timetable, as described in
19            paragraph (2), setting forth a comprehensive
20            schedule of dates by which all environmental
21            reviews and authorizations, and to the maximum
22            extent practicable, other jurisdictions' permits,
23            reviews, and approvals must be made.
24                (iii) A discussion of potential avoidance,
25            minimization, and mitigation strategies, if
26            required by applicable law and known.

 

 

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1                (iv) Plans and a schedule for public outreach
2            and coordination, to the extent required by
3            applicable law.
4            (C) The coordinated project plan described in
5        subparagraph (A) may be incorporated into a memorandum
6        of understanding.
7        (2) Permitting timetable.
8            (A) As part of the coordination project plan under
9        paragraph (1), the office, in consultation with each
10        agency chief environmental review and permitting
11        officer, the project sponsor, and any unit of local
12        government in which the project is located, and,
13        subject to subparagraph (C), with the concurrence of
14        each cooperating agency, shall establish a permitting
15        timetable that includes intermediate and final
16        completion dates for action by each cooperating agency
17        on any environmental review or authorization required
18        for the project. The final completion states shall be
19        based on relevant historical data but with the aim of
20        completing all required authorizations within 2 years.
21            (B) In establishing the permitting timetable under
22        subparagraph (A), the office may vary the timetable
23        based on relevant factors including:
24                (i) the size and complexity of the covered
25            project;
26                (ii) the resources available to each

 

 

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1            participating agency;
2                (iii) the regional or national economic
3            significance of the project;
4                (iv) the sensitivity of the natural or
5            historic resources that may be affected by the
6            project;
7                (v) the financing plan for the project; and
8                (vi)the extent to which similar projects in
9            geographic proximity to the project were recently
10            subject to environmental review or similar
11            procedures under State law.
12            (C) Dispute resolution.
13                (i) The office, in consultation with
14            appropriate agency chief environmental review and
15            permitting officers and the project sponsor,
16            shall, as necessary, mediate any disputes
17            regarding the permitting timetable referred to
18            under subparagraph (A).
19                (ii) If a dispute remains unresolved 30 days
20            after the date on which the dispute was submitted
21            to the office, the Director of the Governor's
22            Office of Management and Budget shall facilitate a
23            resolution of the dispute and direct the agencies
24            party to the dispute to resolve the dispute by the
25            end of the 60-day period beginning on the date of
26            submission of the dispute to the office.

 

 

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1                (iii) Any action taken by the Director of the
2            Governor's Office of Management and Budget in the
3            resolution of a dispute under clause (ii) shall:
4                    (I) be final and conclusive; and
5                    (II) not be subject to judicial review.
6            (D) Modification after approval.
7                (i) The office may modify a permitting
8            timetable established under subparagraph (A) only
9            if:
10                    (I) the affected cooperating agencies,
11                after consultation with the project sponsor,
12                agree to a different completion date;
13                    (II) the affected cooperating agency
14                provides a written justification for the
15                modification; and
16                    (III) in the case of a modification that
17                would necessitate an extension of a final
18                completion date under a permitting timetable
19                established under subparagraph (A) to a date
20                more than 30 days after the final completion
21                date originally established under subparagraph
22                (A), the office shall consult with the project
23                sponsor and make a determination on the
24                record, based on consideration of the relevant
25                factors described under subparagraph (B),
26                whether to make such modification.

 

 

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1                (ii) A completion date in the permitting
2            timetable may not be modified within 30 days after
3            the completion date.
4                (iii) Limitation on length of modifications.
5                    (I) Except as provided in subclause (II),
6                the total length of all modifications to a
7                permitting timetable authorized or made under
8                this subparagraph (D), other than for reasons
9                outside the control of federal, State, local,
10                or tribal governments, may not extend the
11                permitting timetable for a period of time
12                greater than half of the amount of time from
13                the establishment of the permitting timetable
14                under subparagraph (A) to the last final
15                completion date originally established under
16                subparagraph (A).
17                    (II) The Director of the Governor's Office
18                of Management and Budget, after consultation
19                with the project sponsor, may permit the
20                office to authorize additional extensions of a
21                permitting timetable beyond the limit
22                prescribed by subclause (I). In such a case,
23                the Director of the Governor's Office of
24                Management and Budget shall transmit, not
25                later than 5 days after making a determination
26                to permit an authorization of extension under

 

 

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1                this subclause (II), a report to the General
2                Assembly explaining why such modification is
3                required. Such report shall explain to General
4                Assembly with specificity why the original
5                permitting timetable and the modifications
6                authorized by the office failed to be
7                adequate. The office shall transmit to the
8                Director of the Governor's Office of
9                Management and Budget, a supplemental report
10                on progress toward the final completion date
11                each year thereafter, until the permit review
12                is completed or the project sponsor withdraws
13                its notice or application or other request to
14                which this Section applies.
15                (iv) The following shall not be subject to
16            judicial review:
17                    (I) A determination by the office under
18                subclause (III) of clause (i).
19                    (II) A determination under subclause (II)
20                of clause (iii) by the Director of the
21                Governor's Office of Management and Budget to
22                permit the office to authorize extensions of a
23                permitting timetable.
24            (E) A permitting timetable established under
25        subparagraph (A) shall be consistent with any other
26        relevant time period established under law and shall

 

 

HB5555 Engrossed- 22 -LRB102 25480 RJF 34768 b

1        not prevent any cooperating agency from discharging
2        any obligation under law in connection with the
3        project.
4            (F) Conforming to permitting timetables.
5                (i) Each agency shall conform to the
6            completion dates set forth in the permitting
7            timetable established under subparagraph (A), or
8            with any completion date modified under
9            subparagraph (D).
10                (ii) If an agency fails to conform with a
11            completion date for agency action on a covered
12            project or is at significant risk of failing to
13            conform with such a completion date, the agency
14            shall:
15                    (I) promptly submit to the office for
16                publication on the Permitting Dashboard an
17                explanation of the specific reasons for
18                failing or significantly risking failing to
19                conform to the completion date and a proposal
20                for an alternative completion date;
21                    (II) in consultation with the office
22                establish, an alternative completion date; and
23                    (III) each month thereafter until the
24                agency has taken final action on the delayed
25                authorization or review, submit to the office
26                for posting on the Permitting Dashboard a

 

 

HB5555 Engrossed- 23 -LRB102 25480 RJF 34768 b

1                status report describing any agency activity
2                related to the project.
3            (G) Abandonment of covered project.
4                (i) If the office has a reasonable basis to
5            doubt the continuing technical or financial
6            ability of the project sponsor to construct the
7            covered project, the office may request the
8            project sponsor provide an updated statement
9            regarding the ability of the project sponsor to
10            complete the project.
11                (ii) If the project sponsor fails to respond
12            to a request described in clause (i) by the date
13            that is 30 days after receiving the request, the
14            office shall publish an appropriate notice on the
15            Permitting Dashboard.
16                (iii) On publication of a notice under clause
17            (ii), the completion dates in the permitting
18            timetable shall be tolled and agencies shall be
19            relieved of the obligation to comply with
20            subparagraph (F) until the project sponsor submits
21            to the office an updated statement regarding the
22            technical and financial ability of the project
23            sponsor to construct the project.
24        (3) Cooperating local governments.
25            (A) If the environmental review is being
26        implemented within the boundaries of a unit of local

 

 

HB5555 Engrossed- 24 -LRB102 25480 RJF 34768 b

1        government, it may choose to participate in the
2        environmental review and authorization process under
3        this subsection and to make subject to the process all
4        local authorities that:
5                (i) have jurisdiction over the covered
6            project;
7                (ii) are required to conduct or issue a
8            review, analysis, opinion, or statement for the
9            covered project; or
10                (iii) are required to make a determination on
11            issuing a permit, license, or other approval or
12            decision for the covered project.
13            (B) To the maximum extent practicable under
14        applicable law, the office shall coordinate the
15        environmental review and authorization processes under
16        this subsection (c) with any local authority
17        responsible for conducting any separate review or
18        authorization of the covered project to ensure timely
19        and efficient completion of environmental reviews and
20        authorizations.
21            (C) Any coordination plan between the office and
22        any local authority shall, to the maximum extent
23        practicable, be included in a memorandum of
24        understanding.
25    (d) Early consultation. The office shall provide an
26expeditious process for project sponsors to confer with each

 

 

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1cooperating agency involved and, not later than 60 days after
2the date on which the project sponsor submits a request under
3this subsection, to have each such agency provide to the
4project sponsor information concerning:
5        (1) the availability of information and tools,
6    including pre-application toolkits, to facilitate early
7    planning efforts;
8        (2) key issues of concern to each agency and to the
9    public; and
10        (3) issues that must be addressed before an
11    environmental review or authorization can be completed.