HB2726 103RD GENERAL ASSEMBLY

LRB103 30882 CPF 57410 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2726

Introduced 2/16/2023, by Rep. Camille Y. Lilly

SYNOPSIS AS INTRODUCED:

210 ILCS 9/23 new
30 ILCS 105/5.990 new

Amends the Assisted Living and Shared Housing Act. Provides that, before commencing construction of a new establishment or an alteration or addition to an existing establishment, the owner or operator of the establishment shall submit architectural drawings and specifications for the construction, alteration, or addition to the Department of Public Health for review and approval. Contains requirements for submissions, review of submissions, and notice provided under the provisions. Provides fees based upon the estimated dollar value of constructions, alterations, or additions. Creates the Health Establishment Plan Review Fund and makes a conforming change in the State Finance Act. Requires fees collected under the provisions to be deposited into the Fund and used by the Department only to pay the costs of conducting reviews under the provisions. Contains other provisions.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Assisted Living and Shared Housing Act is amended by adding Section 23 as follows:

(210 ILCS 9/23 new)

Sec. 23. Establishment construction; Department review; fees.

(a) Before commencing construction of a new establishment or an alteration or addition to an existing establishment, the owner or operator of the establishment shall submit architectural drawings and specifications for the construction, alteration, or addition to the Department for review and approval.

The Department shall provide criteria by rule for determining whether a construction, alteration, or addition is subject to the submission requirements of this Section. The Department shall not review a submission under this Section until the required fee, if any, has been paid.

An establishment may voluntarily submit architectural drawings and specifications for a construction, alteration, or addition for Department review and approval under subsection (b) without being charged a fee under subsection (c).

Review of architectural drawings and specifications shall be conducted by (i) a Department employee who meets the qualifications for that employee's class specification according to requirements of the Department of Central Management Services or by (ii) a person under contract with the Department who meets the same qualifications described under (i). Final approval of the architectural drawings and specifications shall be obtained from the Department before the construction, alteration, or addition begins.

(b) Regardless of whether the submission is complete or incomplete, the Department shall inform the owner or operator of an establishment submitting architectural drawings and specifications under subsection (a) in writing within 10 working days after receiving the architectural drawings and specifications and the required fee, if any.

If the submission is incomplete, the Department shall inform the owner or operator of each deficiency of the submission in writing. If the Department fails to provide the owner or operator with the notice within 10 working days, the submission shall be deemed complete for purposes of initiating the 60-calendar-day review period required under this subsection.

If the submission is complete and the required fee, if any, has been paid, the Department shall approve or disapprove the architectural drawings and specifications no later than 60 calendar days after being received by the Department.

The drawings and specifications shall be of sufficient detail, as determined by the Department by rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the architectural drawings and specifications are not of sufficient detail to render a determination of compliance, the submission shall be deemed incomplete and shall not be considered for purposes of initiating the 60-calendar-day review period, but the applicant may submit additional information to supplement the submission. The 60-calendar-day review period shall not commence until the Department determines that the submission is complete or if the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within the 60-calendar-day review period, the construction, alteration, or addition shall be deemed approved. If the submission is disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval and the owner or operator may submit additional information in response or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made by the Department within 45 calendar days after receiving the additional information or request for reconsideration. If denied, the Department shall state the specific reasons for the denial.

(c) Unless changed by the Department by rule under subsection (e), the Department shall charge the following fees for reviews conducted under this Section:

(1) If the estimated dollar value of the construction, alteration, or addition is less than $50,000, no fee is required.

(2) If the estimated dollar value of the construction, alteration, or addition is $50,000 or more but less than $500,000, the fee shall be the greater of $4,000 or 2.0% of the estimated dollar value.

(3) If the estimated dollar value of the construction, alteration, or addition is $500,000 or more but less than $1,000,000, the fee shall be the greater of $10,000 or 1.5% of the estimated dollar value.

(4) If the estimated dollar value of the construction, alteration, or addition is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $13,000 or 0.35% of the estimated dollar value.

(5) If the estimated dollar value of the construction, alteration, or addition is $5,000,000 or more, the fee shall be the greater of $15,000 or 0.175% of the estimated dollar value, but shall not exceed $35,000.

The fees provided in this subsection shall not apply to an establishment's construction, alteration, or addition if it involves changes to the establishment that are required by the Department by rule.

(d) The Health Establishment Plan Review Fund is established as a special fund in the State treasury. All fees received by the Department under this Section shall be deposited into the Fund. Moneys shall be appropriated from the Fund to the Department only to pay the costs of conducting reviews under this Section. No moneys in the Fund shall be used to reduce the amount of moneys appropriated from the General Revenue Fund to the Department for reviews conducted under this Section.

(e) The Department shall review the fee structure under subsection (c) 3 years after the effective date of this amendatory Act of the 103rd General Assembly and every 5 years thereafter and shall, by rule, increase or decrease fee amounts as the Department determines to be necessary for the Department to maintain the its ability to review submissions under this Section.

(f) The Department shall conduct an on-site inspection of a completed construction, alteration, or addition no later than 30 working days after notification from the owner or operator of the establishment that the construction, alteration, or addition has been completed and all certifications required by the Department have been received and accepted. The establishment shall not be occupied until the Department provides written approval for occupancy to the owner or operator within 5 working days after the Department's final inspection, provided that the owner or operator has substantially complied with this Section as determined by the Department by rule. However, if the Department has not conducted the on-site inspection within the 30-day period or provided the written approval within 5 days thereafter, the construction, alteration, or addition shall be deemed approved, the establishment may be occupied, and the establishment's license shall be issued after the establishment passes an on-site health inspection by the Department.

(g) The Department shall establish a procedure, by rule, to conduct voluntary interim on-site review of construction, alteration, or addition projects for a fee of $3,000 per interim on-site review.

(h) The Department shall establish, by rule, an expedited process for emergency repairs or replacement of like equipment.

(i) Nothing in this Section shall be construed to apply to emergency repair, maintenance, upkeep, or renovation that does not affect the structural integrity of an establishment, does not add units or services so as to be greater than the number for which the establishment is licensed, and provides a reasonable degree of safety for the establishment's residents.

Section 10. The State Finance Act is amended by adding Section 5.990 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Health Establishment Plan Review Fund.