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Public Act 103-0538 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Business Assistance and Regulatory Reform | ||||
Act is amended by changing Sections 5, 10, and 15 and by adding | ||||
Section 7 as follows:
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(20 ILCS 608/5)
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Sec. 5. Goal. The goal of this Act is to improve the | ||||
State's business
climate by making it easier for small and | ||||
mid-size businesses to deal with
State requirements for doing | ||||
business. Subject to appropriation, this This goal will be | ||||
achieved through
providing prompt quick , accurate information | ||||
about on existing requirements , and avoiding
unnecessary | ||||
requirements , and increasing the transparency and | ||||
accessibility of permitting processes by consolidating status | ||||
updates from State agencies regarding the issuance of permits | ||||
for covered projects .
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(Source: P.A. 88-404.)
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(20 ILCS 608/7 new) | ||||
Sec. 7. Covered project. As used in this Act, "covered | ||||
project" means any project in Illinois that: (1) involves the | ||||
construction of infrastructure for renewable or conventional |
energy production, electricity transmission, surface | ||
transportation, aviation, ports and waterways, water resource | ||
development, broadband, pipelines, or manufacturing; (2) | ||
requires authorization or environmental review by a State | ||
agency; (3) is likely to require a total future investment of | ||
more than $20,000,000; and (4) is the subject of a petition for | ||
recognition as a covered project that has been approved by the | ||
Department.
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(20 ILCS 608/10)
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Sec. 10. Executive Office. There is created an Office of | ||
Business
Permits and Regulatory Assistance (hereinafter | ||
referred to as "office")
within the Department of Commerce and | ||
Community Affairs (now Department of Commerce and Economic | ||
Opportunity)
which shall consolidate existing programs
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throughout State government, provide assistance to businesses | ||
with fewer than
500
employees in meeting State requirements | ||
for doing business and perform other
functions specified in | ||
this Act. The office shall use information technology tools to | ||
track schedules for covered projects and metrics in order to | ||
improve transparency and accountability in the permitting | ||
process, reduce uncertainty and delays, and reduce costs and | ||
risks to taxpayers. The
By March 1, 1994, the office shall | ||
complete and file with the Governor and the
General Assembly a | ||
plan for the implementation of this Act. Thereafter, the
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office shall carry out the provisions of this Act, subject to |
funding
through appropriation.
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(Source: P.A. 98-463, eff. 8-16-13.)
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(20 ILCS 608/15)
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Sec. 15. Providing Information and Expediting Permit | ||
Reviews.
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(a) The office shall provide an online information system | ||
using a website toll-free
business assistance number. The | ||
number shall be advertised throughout the
State. Interested | ||
businesses shall If requested, the caller will be sent , | ||
electronically, a basic business kit, describing
the basic | ||
requirements and procedures for doing business in Illinois. If
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requested, the caller shall be directed to one or more of the | ||
additional
services provided by the office. All persons | ||
providing advice to callers on
behalf of
the office and all | ||
persons responsible for directly providing services to
persons | ||
visiting the office or one of its branches shall be persons | ||
with small
business experience in an administrative or | ||
managerial capacity.
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(b) (Blank).
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(c) Any applicant for permits required for a business | ||
activity may confer
with the office to obtain assistance in | ||
the prompt and efficient processing and
review of | ||
applications. The office shall, subject to appropriation, may | ||
designate an employee of the office to
act as a permit | ||
assistance manager to:
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(1) facilitate contacts for the applicant with | ||
responsible agencies;
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(2) arrange conferences to clarify the requirements of | ||
interested
agencies;
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(3) consider with State agencies the feasibility of | ||
consolidating
hearings and data required of the applicant;
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(4) assist the applicant in resolution of outstanding | ||
issues identified by
State agencies; and
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(5) coordinate federal, State and local regulatory | ||
procedures and permit
review actions to the extent | ||
possible.
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(d) The office shall publish an online a directory of | ||
State business permits and State
programs to assist small | ||
businesses.
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(e) The office shall attempt to establish
agreements with | ||
local governments to
allow the office to provide assistance to | ||
applicants for permits required by
these local governments.
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(f) (Blank). Interested
State agencies shall, to the | ||
maximum extent feasible, establish procedures to
expedite | ||
applications for infrastructure projects. Applications for | ||
permits
for infrastructure projects shall be approved or | ||
disapproved within 45 days of
submission, unless law or | ||
regulations specify a different period. If the
interested | ||
agency is unable to act within that period, the agency shall | ||
provide
a written notification to the office specifying | ||
reasons for its inability to
act and the date by which approval |
or disapproval shall be determined. The
office may require any | ||
interested State agency to designate an employee who
will | ||
coordinate the handling of permits in that area.
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(g) In addition to its responsibilities in connection with | ||
permit
assistance, the office shall provide general regulatory | ||
information by
directing businesses to appropriate officers in | ||
State agencies to supply the
information requested.
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(h) The office shall help businesses to locate and apply | ||
to training
programs available to train current employees in | ||
particular skills, techniques
or areas of knowledge relevant | ||
to the employees' present or anticipated job
duties. In | ||
pursuit of this objective, the office shall provide businesses | ||
with
pertinent information about training programs offered by | ||
State agencies, units
of local government, public universities | ||
and colleges, community colleges, and
school districts in | ||
Illinois.
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(i) The office shall help businesses to locate and apply | ||
to State programs
offering to businesses grants, loans, loan | ||
or bond guarantees, investment
partnerships, technology or | ||
productivity consultation, or other forms of
business | ||
assistance.
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(j) To the extent authorized by federal law, the office | ||
shall assist
businesses in ascertaining and complying with the | ||
requirements of the federal
Americans with Disabilities Act.
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(k) The office shall provide confidential on-site | ||
assistance in identifying
problems and solutions in compliance |
with requirements of State and federal
environmental | ||
regulations. The office shall work through and contract with | ||
the Illinois Sustainable Technology
Center to provide | ||
confidential on-site
consultation audits that (i) assist | ||
regulatory compliance and (ii) identify
pollution prevention | ||
opportunities.
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(k-5) Until July 1, 2012, the office shall provide | ||
confidential on-site assistance, including, but not limited | ||
to, consultation audits, to identify
problems and solutions | ||
regarding compliance with the requirements of the federal
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Occupational Safety and Health Administration. On and after | ||
July 1, 2012, the Department of Labor shall provide | ||
confidential on-site assistance, including, but not limited | ||
to, consultation audits, to identify
problems and solutions | ||
regarding compliance with the requirements of the federal
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Occupational Safety and Health Administration. | ||
(l) The office shall provide information on existing loan | ||
and business
assistance programs provided by the State.
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(m) Each State agency having jurisdiction to approve or | ||
deny a permit shall
have the continuing power heretofore or | ||
hereafter vested in it to make such
determinations. The | ||
provisions of this Act shall not lessen or reduce such
powers | ||
and shall modify the procedures followed in carrying out such | ||
powers
only to the extent provided in this Act.
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(n) (1) Each State agency shall , subject to appropriation, | ||
fully cooperate with the office in
providing information, |
documentation, personnel or facilities requested by the
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office.
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(2) Each State agency shall annually provide the office | ||
with processes and timelines for all permits having | ||
jurisdiction of any permit to which the
master application | ||
procedure is applicable shall designate an employee to act
as | ||
permit liaison office with the office in carrying out the | ||
provisions of this
Act .
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(o) (1) The office shall, subject to appropriation, | ||
identify and track metrics for the timeline of permit reviews, | ||
permit decisions, and project outcomes for covered projects | ||
has authority, but is not required, to keep and analyze
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appropriate statistical data regarding the number of permits | ||
issued by State
agencies, the amount of time necessary for the | ||
permits to be issued, the cost
of obtaining such permits, the | ||
types of projects for which specific permits are
issued, a | ||
geographic distribution of permits, and other pertinent data | ||
the
office deems appropriate .
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The office shall , subject to appropriation, administer and | ||
expand the use of online transparency tools providing: | ||
(i) tracking and reporting metrics; | ||
(ii) posting of regulatory timelines for permit | ||
reviews and permit decisions; those timelines shall be | ||
provided to the office by each State agency having | ||
jurisdiction over permits; | ||
(iii) the sharing of best practices relating to |
efficient project permitting and reviews; those best | ||
practices shall be provided to the office by each State | ||
agency having jurisdiction over permits; and | ||
(iv) a visual display of relevant geospatial data to | ||
support the permitting process. make such data and any | ||
analysis of the data available to
the public.
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(2) The office may has authority, but is not required, to | ||
conduct or cause to be
conducted a thorough review of any | ||
agency's permit requirements and the need
by the State to | ||
require such permits. The office shall draw on the review, on
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its direct experience, and on its statistical analyses to | ||
prepare
recommendations regarding how to:
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(i) eliminate unnecessary or antiquated permit | ||
requirements;
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(ii) consolidate duplicative or overlapping permit | ||
requirements;
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(iii) simplify overly complex or lengthy application | ||
procedures;
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(iv) expedite time-consuming agency review and | ||
approval procedures; or
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(v) otherwise improve the permitting processes in the | ||
State.
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The office shall submit copies of all recommendations | ||
within 5 days of
issuance to the affected agency, the | ||
Governor, the General Assembly, and the
Joint Committee on | ||
Administrative Rules.
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(p) The office may has authority to review State forms on | ||
its own initiative or
upon the request of another State agency | ||
to ascertain the burden, if any, of
complying with those | ||
forms. If the office determines that a form is unduly
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burdensome to business, it may recommend to the agency issuing | ||
the form either
that the form be eliminated or that specific | ||
changes be made in the form.
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(q) Not later than March 1 of each year, beginning March 1, | ||
1995, the office
shall submit an annual
report of its | ||
activities during the preceding year to the Governor and | ||
General
Assembly. The report shall describe the activities of | ||
the office during the
preceding year and shall contain | ||
statistical information on the permit
assistance activities of | ||
the office.
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(r) All provisions of this Section are subject to adequate | ||
appropriation for the purpose of carrying out provisions of | ||
this Section. | ||
(Source: P.A. 97-787, eff. 7-13-12; 98-346, eff. 8-14-13.)
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