HB2036ham001 98TH GENERAL ASSEMBLY

Rep. Dwight Kay

Filed: 3/13/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2036

2    AMENDMENT NO. ______. Amend House Bill 2036 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5adding Sections 7.7 and 7.8 as follows:
 
6    (415 ILCS 5/7.7 new)
7    Sec. 7.7. Permit, registration, and license application
8response times.
9    (a) Notwithstanding any other provision of law, as soon as
10practicable after the effective date of this amendatory Act of
11the 98th General Assembly, the Director shall determine and
12establish a maximum processing time for applications for each
13permit, registration, or license issued under this Act. The
14processing time established by the Director shall not be more
15than 60 days after the Director notifies the applicant that the
16application is complete. When establishing processing times

 

 

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1for permits, registrations, and licenses under this Act, the
2Director shall take into consideration all duties and
3responsibilities of the Agency and the availability of
4resources.
5    (b) The Director shall annually publish processing
6timetables for each permit, registration, and license issued
7under this Act. The deadline for the processing of an
8application is determined by the timetable published and in
9effect on the date the Agency received a completed application.
10    (c) Before publishing timetables under subsection (b) of
11this Section, the Director shall review the proposed processing
12response times with an advisory committee established for that
13purpose. The Director shall appoint the members of the advisory
14committee, who shall be broadly representative of business,
15environmental, and other interest groups.
16    (d) The processing period for an application under this Act
17begins on the date the Agency notifies the applicant that the
18application is complete. The consent of the applicant is
19required to stop the processing period or to extend the
20deadline unless:
21        (1) the Director determines that a public hearing is
22    required, in which case the processing period may be
23    stopped or extended only as necessary to accommodate the
24    public hearing process; or
25        (2) the Director determines that the applicant has
26    significantly modified the application, in which case the

 

 

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1    processing period is stopped until the Agency and the
2    applicant agree to a new timetable.
3    (e) The Director may stop the processing time with consent
4of the applicant for any period of time if the Director
5determines that:
6        (1) additional information is required from the
7    applicant;
8        (2) agencies or departments other than the Illinois
9    Environmental Protection Agency are required to comment on
10    an application and do not respond within the time frame
11    established between the organizations; or
12        (3) the applicant wishes to stop the processing period
13    or extend the deadline.
14    (f) For projects that require more than one permit,
15registration, or license from the Agency, the Agency and the
16applicant shall determine the timetables applicable to all
17permit, registration, or license applications.
18    (g) Except as otherwise provided in this Section, if the
19Director fails to approve or deny an application before the
20deadline set under this Section, the Agency shall return 50% of
21the application fee to the applicant. If the Director fails to
22approve or deny an application within 120 days after the
23deadline, the Agency shall return the remainder of the
24application fee to the applicant.
25    (h) The Agency shall adopt any rules necessary to carry out
26the provisions of this Section.
 

 

 

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1    (415 ILCS 5/7.8 new)
2    Sec. 7.8. Private application review. If, after the
3expiration of half of the processing time established in a
4timeline under Section 7.7 of this Act, the Director determines
5that the Agency cannot process a permit, registration, or
6license application within the required processing time, the
7Director shall, with the consent of the applicant, enter into
8an agreement with an individual, partnership, firm, or
9corporation outside of the Agency to review the application.
10    The Agency shall adopt any rules necessary to carry out the
11provisions of this Section.".