103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3017

 

Introduced 2/16/2023, by Rep. Lance Yednock

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 608/5
20 ILCS 608/10
20 ILCS 608/15

    Amends the Business Assistance and Regulatory Reform Act. Modifies requirements concerning the Office of Business Permits and Regulatory Assistance. Provides that the Office shall implement reforms to improve interagency coordination and encourage expeditious permit issuance. Provides that the Office shall use information technology tools to track project schedules and metrics in order to improve transparency and accountability of the permitting process, reduce uncertainty and delays, and reduce costs and risks to taxpayers. Defines terms. Makes other changes.


LRB103 06043 HLH 53299 b

 

 

A BILL FOR

 

HB3017LRB103 06043 HLH 53299 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 as follows:
 
6    (20 ILCS 608/5)
7    Sec. 5. Goal. The goal of this Act is to improve the
8State's business climate by making it easier for small and
9mid-size businesses to deal with State requirements for doing
10business. This goal will be achieved through providing quick,
11accurate information on existing requirements, and avoiding
12unnecessary requirements, and expediting permit issuance.
13(Source: P.A. 88-404.)
 
14    (20 ILCS 608/10)
15    Sec. 10. Executive Office. There is created an Office of
16Business Permits and Regulatory Assistance (hereinafter
17referred to as "office") within the Department of Commerce and
18Community Affairs (now Department of Commerce and Economic
19Opportunity) which shall (i) consolidate existing programs
20throughout State government, provide assistance to businesses
21with fewer than 500 employees in meeting State requirements
22for doing business, (ii) consolidate existing programs

 

 

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1throughout State government, and (iii) perform other functions
2specified in this Act. The office shall implement reforms to
3improve interagency coordination that allow for expeditious
4permitting issuance. The office shall use information
5technology tools to track project schedules and metrics in
6order to improve transparency and accountability in the
7permitting process, reduce uncertainty and delays, and reduce
8costs and risks to taxpayers. The By March 1, 1994, the office
9shall complete and file with the Governor and the General
10Assembly a plan for the implementation of this Act.
11Thereafter, the office shall carry out the provisions of this
12Act, subject to funding through appropriation.
13(Source: P.A. 98-463, eff. 8-16-13.)
 
14    (20 ILCS 608/15)
15    Sec. 15. Providing Information and Expediting Permit
16Reviews.
17    (a) The office shall provide an online information system
18using a website toll-free business assistance number. The
19number shall be advertised throughout the State. Interested
20businesses shall If requested, the caller will be sent a basic
21business kit, describing the basic requirements and procedures
22for doing business in Illinois. If requested, the caller shall
23be directed to one or more of the additional services provided
24by the office. All persons providing advice to callers on
25behalf of the office and all persons responsible for directly

 

 

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1providing services to persons visiting the office or one of
2its branches shall be persons with small business experience
3in an administrative or managerial capacity.
4    (b) (Blank).
5    (c) Any applicant for permits required for a business
6activity may confer with the office to obtain assistance in
7the prompt and efficient processing and review of
8applications. The office shall may designate an employee of
9the office to act as a permit assistance manager to:
10        (1) facilitate contacts for the applicant with
11    responsible agencies;
12        (2) arrange conferences to clarify the requirements of
13    interested agencies;
14        (3) consider with State agencies the feasibility of
15    consolidating hearings and data required of the applicant;
16        (4) assist the applicant in resolution of outstanding
17    issues identified by State agencies; and
18        (5) coordinate federal, State and local regulatory
19    procedures and permit review actions to the extent
20    possible.
21    (d) The office shall publish an online a directory of
22State business permits and State programs to assist small
23businesses.
24    (e) The office shall attempt to establish agreements with
25local governments to allow the office to provide assistance to
26applicants for permits required by these local governments.

 

 

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1    (f) (Blank). Interested State agencies shall, to the
2maximum extent feasible, establish procedures to expedite
3applications for infrastructure projects. Applications for
4permits for infrastructure projects shall be approved or
5disapproved within 45 days of submission, unless law or
6regulations specify a different period. If the interested
7agency is unable to act within that period, the agency shall
8provide a written notification to the office specifying
9reasons for its inability to act and the date by which approval
10or disapproval shall be determined. The office may require any
11interested State agency to designate an employee who will
12coordinate the handling of permits in that area.
13    (g) In addition to its responsibilities in connection with
14permit assistance, the office shall provide general regulatory
15information by directing businesses to appropriate officers in
16State agencies to supply the information requested.
17    (h) The office shall help businesses to locate and apply
18to training programs available to train current employees in
19particular skills, techniques or areas of knowledge relevant
20to the employees' present or anticipated job duties. In
21pursuit of this objective, the office shall provide businesses
22with pertinent information about training programs offered by
23State agencies, units of local government, public universities
24and colleges, community colleges, and school districts in
25Illinois.
26    (i) The office shall help businesses to locate and apply

 

 

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1to State programs offering to businesses grants, loans, loan
2or bond guarantees, investment partnerships, technology or
3productivity consultation, or other forms of business
4assistance.
5    (j) To the extent authorized by federal law, the office
6shall assist businesses in ascertaining and complying with the
7requirements of the federal Americans with Disabilities Act.
8    (k) The office shall provide confidential on-site
9assistance in identifying problems and solutions in compliance
10with requirements of State and federal environmental
11regulations. The office shall work through and contract with
12the Illinois Sustainable Technology Center to provide
13confidential on-site consultation audits that (i) assist
14regulatory compliance and (ii) identify pollution prevention
15opportunities.
16    (k-5) Until July 1, 2012, the office shall provide
17confidential on-site assistance, including, but not limited
18to, consultation audits, to identify problems and solutions
19regarding compliance with the requirements of the federal
20Occupational Safety and Health Administration. On and after
21July 1, 2012, the Department of Labor shall provide
22confidential on-site assistance, including, but not limited
23to, consultation audits, to identify problems and solutions
24regarding compliance with the requirements of the federal
25Occupational Safety and Health Administration.
26    (l) The office shall provide information on existing loan

 

 

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1and business assistance programs provided by the State.
2    (m) Each State agency having jurisdiction to approve or
3deny a permit shall have the continuing power heretofore or
4hereafter vested in it to make such determinations. The
5provisions of this Act shall not lessen or reduce such powers
6and shall modify the procedures followed in carrying out such
7powers only to the extent provided in this Act.
8    (n) (1) Each State agency shall fully cooperate with the
9office in providing information, documentation, personnel or
10facilities requested by the office.
11    (2) Each State agency having jurisdiction of any permit to
12which the master application procedure is applicable shall
13designate an employee to act as permit liaison office with the
14office in carrying out the provisions of this Act.
15    (o) (1) The office shall identify, develop, and track
16metrics for timeliness of permit reviews, permit decisions,
17and project outcomes has authority, but is not required, to
18keep and analyze appropriate statistical data regarding the
19number of permits issued by State agencies, the amount of time
20necessary for the permits to be issued, the cost of obtaining
21such permits, the types of projects for which specific permits
22are issued, a geographic distribution of permits, and other
23pertinent data the office deems appropriate.
24    The office shall administer and expand the use of online
25transparency tools providing:
26        (i) tracking and reporting metrics;

 

 

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1        (ii) development and posting of schedules for permit
2    reviews and permit decisions;
3        (iii) the sharing of best practices relating to
4    efficient project permitting and reviews; and
5        (iv) the visual display of relevant geospatial data to
6    support the permitting process. make such data and any
7    analysis of the data available to the public.
8    (2) The office shall has authority, but is not required,
9to conduct or cause to be conducted a thorough review of any
10agency's permit requirements and the need by the State to
11require such permits. The office shall draw on the review, on
12its direct experience, and on its statistical analyses to
13prepare recommendations regarding how to:
14        (i) eliminate unnecessary or antiquated permit
15    requirements;
16        (ii) consolidate duplicative or overlapping permit
17    requirements;
18        (iii) simplify overly complex or lengthy application
19    procedures;
20        (iv) expedite time-consuming agency review and
21    approval procedures; or
22        (v) otherwise improve the permitting processes in the
23    State.
24    The office shall submit copies of all recommendations
25within 5 days of issuance to the affected agency, the
26Governor, the General Assembly, and the Joint Committee on

 

 

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1Administrative Rules.
2    (p) The office shall has authority to review State forms
3on its own initiative or upon the request of another State
4agency to ascertain the burden, if any, of complying with
5those forms. If the office determines that a form is unduly
6burdensome to business, it may recommend to the agency issuing
7the form either that the form be eliminated or that specific
8changes be made in the form.
9    (q) Not later than March 1 of each year, beginning March 1,
101995, the office shall submit an annual report of its
11activities during the preceding year to the Governor and
12General Assembly. The report shall describe the activities of
13the office during the preceding year and shall contain
14statistical information on the permit assistance activities of
15the office.
16(Source: P.A. 97-787, eff. 7-13-12; 98-346, eff. 8-14-13.)