Full Text of HB3017 103rd General Assembly
HB3017eng 103RD GENERAL ASSEMBLY |
| | HB3017 Engrossed | | LRB103 06043 HLH 53299 b |
|
| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Business Assistance and Regulatory Reform | 5 | | Act is amended by changing Sections 5, 10, and 15 and by adding | 6 | | Section 7 as follows:
| 7 | | (20 ILCS 608/5)
| 8 | | Sec. 5. Goal. The goal of this Act is to improve the | 9 | | State's business
climate by making it easier for small and | 10 | | mid-size businesses to deal with
State requirements for doing | 11 | | business. This goal will be achieved through
providing quick, | 12 | | accurate information on existing requirements , and avoiding
| 13 | | unnecessary requirements , and expediting permit issuance .
| 14 | | (Source: P.A. 88-404.)
| 15 | | (20 ILCS 608/7 new) | 16 | | Sec. 7. Covered project. As used in this Act, "covered | 17 | | project" means any activity in Illinois that: (1) involves the | 18 | | construction of infrastructure for renewable or conventional | 19 | | energy production, electricity transmission, surface | 20 | | transportation, aviation, ports and waterways, water resource | 21 | | projects, broadband, pipelines, or manufacturing; (2) requires | 22 | | authorization or environmental review by a State agency; and |
| | | HB3017 Engrossed | - 2 - | LRB103 06043 HLH 53299 b |
|
| 1 | | (3) is likely to require a total investment of more than | 2 | | $20,000,000.
| 3 | | (20 ILCS 608/10)
| 4 | | Sec. 10. Executive Office. There is created an Office of | 5 | | Business
Permits and Regulatory Assistance (hereinafter | 6 | | referred to as "office")
within the Department of Commerce and | 7 | | Community Affairs (now Department of Commerce and Economic | 8 | | Opportunity)
which shall consolidate existing programs
| 9 | | throughout State government, provide assistance to businesses | 10 | | with fewer than
500
employees in meeting State requirements | 11 | | for doing business and perform other
functions specified in | 12 | | this Act. The office shall implement reforms to improve | 13 | | interagency coordination that allow for expeditious permit | 14 | | issuance for covered projects. The office shall use | 15 | | information technology tools to track schedules for covered | 16 | | projects and metrics in order to improve transparency and | 17 | | accountability in the permitting process, reduce uncertainty | 18 | | and delays, and reduce costs and risks to taxpayers. The
By | 19 | | March 1, 1994, the office shall complete and file with the | 20 | | Governor and the
General Assembly a plan for the | 21 | | implementation of this Act. Thereafter, the
office shall carry | 22 | | out the provisions of this Act, subject to funding
through | 23 | | appropriation.
| 24 | | (Source: P.A. 98-463, eff. 8-16-13.)
|
| | | HB3017 Engrossed | - 3 - | LRB103 06043 HLH 53299 b |
|
| 1 | | (20 ILCS 608/15)
| 2 | | Sec. 15. Providing Information and Expediting Permit | 3 | | Reviews.
| 4 | | (a) The office shall provide an online information system | 5 | | using a website toll-free
business assistance number. The | 6 | | number shall be advertised throughout the
State. Interested | 7 | | businesses shall If requested, the caller will be sent a basic | 8 | | business kit, describing
the basic requirements and procedures | 9 | | for doing business in Illinois. If
requested, the caller shall | 10 | | be directed to one or more of the additional
services provided | 11 | | by the office. All persons providing advice to callers on
| 12 | | behalf of
the office and all persons responsible for directly | 13 | | providing services to
persons visiting the office or one of | 14 | | its branches shall be persons with small
business experience | 15 | | in an administrative or managerial capacity.
| 16 | | (b) (Blank).
| 17 | | (c) Any applicant for permits required for a business | 18 | | activity may confer
with the office to obtain assistance in | 19 | | the prompt and efficient processing and
review of | 20 | | applications. The office shall may designate an employee of | 21 | | the 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 |
| | | HB3017 Engrossed | - 4 - | LRB103 06043 HLH 53299 b |
|
| 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 | 8 | | State business permits and State
programs to assist small | 9 | | businesses.
| 10 | | (e) The office shall attempt to establish
agreements with | 11 | | local governments to
allow the office to provide assistance to | 12 | | applicants for permits required by
these local governments.
| 13 | | (f) (Blank). Interested
State agencies shall, to the | 14 | | maximum extent feasible, establish procedures to
expedite | 15 | | applications for infrastructure projects. Applications for | 16 | | permits
for infrastructure projects shall be approved or | 17 | | disapproved within 45 days of
submission, unless law or | 18 | | regulations specify a different period. If the
interested | 19 | | agency is unable to act within that period, the agency shall | 20 | | provide
a written notification to the office specifying | 21 | | reasons for its inability to
act and the date by which approval | 22 | | or disapproval shall be determined. The
office may require any | 23 | | interested State agency to designate an employee who
will | 24 | | coordinate the handling of permits in that area.
| 25 | | (g) In addition to its responsibilities in connection with | 26 | | permit
assistance, the office shall provide general regulatory |
| | | HB3017 Engrossed | - 5 - | LRB103 06043 HLH 53299 b |
|
| 1 | | information by
directing businesses to appropriate officers in | 2 | | State agencies to supply the
information requested.
| 3 | | (h) The office shall help businesses to locate and apply | 4 | | to training
programs available to train current employees in | 5 | | particular skills, techniques
or areas of knowledge relevant | 6 | | to the employees' present or anticipated job
duties. In | 7 | | pursuit of this objective, the office shall provide businesses | 8 | | with
pertinent information about training programs offered by | 9 | | State agencies, units
of local government, public universities | 10 | | and colleges, community colleges, and
school districts in | 11 | | Illinois.
| 12 | | (i) The office shall help businesses to locate and apply | 13 | | to State programs
offering to businesses grants, loans, loan | 14 | | or bond guarantees, investment
partnerships, technology or | 15 | | productivity consultation, or other forms of
business | 16 | | assistance.
| 17 | | (j) To the extent authorized by federal law, the office | 18 | | shall assist
businesses in ascertaining and complying with the | 19 | | requirements of the federal
Americans with Disabilities Act.
| 20 | | (k) The office shall provide confidential on-site | 21 | | assistance in identifying
problems and solutions in compliance | 22 | | with requirements of State and federal
environmental | 23 | | regulations. The office shall work through and contract with | 24 | | the Illinois Sustainable Technology
Center to provide | 25 | | confidential on-site
consultation audits that (i) assist | 26 | | regulatory compliance and (ii) identify
pollution prevention |
| | | HB3017 Engrossed | - 6 - | LRB103 06043 HLH 53299 b |
|
| 1 | | opportunities.
| 2 | | (k-5) Until July 1, 2012, the office shall provide | 3 | | confidential on-site assistance, including, but not limited | 4 | | to, consultation audits, to identify
problems and solutions | 5 | | regarding compliance with the requirements of the federal
| 6 | | Occupational Safety and Health Administration. On and after | 7 | | July 1, 2012, the Department of Labor shall provide | 8 | | confidential on-site assistance, including, but not limited | 9 | | to, consultation audits, to identify
problems and solutions | 10 | | regarding compliance with the requirements of the federal
| 11 | | Occupational Safety and Health Administration. | 12 | | (l) The office shall provide information on existing loan | 13 | | and business
assistance programs provided by the State.
| 14 | | (m) Each State agency having jurisdiction to approve or | 15 | | deny a permit shall
have the continuing power heretofore or | 16 | | hereafter vested in it to make such
determinations. The | 17 | | provisions of this Act shall not lessen or reduce such
powers | 18 | | and shall modify the procedures followed in carrying out such | 19 | | powers
only to the extent provided in this Act.
| 20 | | (n) (1) Each State agency shall fully cooperate with the | 21 | | office in
providing information, documentation, personnel or | 22 | | facilities requested by the
office.
| 23 | | (2) Each State agency having jurisdiction of any permit to | 24 | | which the
master application procedure is applicable shall | 25 | | designate an employee to act
as permit liaison office with the | 26 | | office in carrying out the provisions of this
Act.
|
| | | HB3017 Engrossed | - 7 - | LRB103 06043 HLH 53299 b |
|
| 1 | | (o) (1) The office shall identify, develop, and track | 2 | | metrics for the timeline of permit reviews, permit decisions, | 3 | | and project outcomes for covered projects has authority, but | 4 | | is not required, to keep and analyze
appropriate statistical | 5 | | data regarding the number of permits issued by State
agencies, | 6 | | the amount of time necessary for the permits to be issued, the | 7 | | cost
of obtaining such permits, the types of projects for | 8 | | which specific permits are
issued, a geographic distribution | 9 | | of permits, and other pertinent data the
office deems | 10 | | appropriate .
| 11 | | The office shall administer and expand the use of online | 12 | | transparency tools providing: | 13 | | (i) tracking and reporting metrics; | 14 | | (ii) development and posting of schedules for permit | 15 | | reviews and permit decisions; | 16 | | (iii) the sharing of best practices relating to | 17 | | efficient project permitting and reviews; and | 18 | | (iv) the visual display of relevant geospatial data to | 19 | | support the permitting process. make such data and any | 20 | | analysis of the data available to
the public.
| 21 | | (2) The office shall has authority, but is not required, | 22 | | to conduct or cause to be
conducted a thorough review of any | 23 | | agency's permit requirements and the need
by the State to | 24 | | require such permits. The office shall draw on the review, on
| 25 | | its direct experience, and on its statistical analyses to | 26 | | prepare
recommendations regarding how to:
|
| | | HB3017 Engrossed | - 8 - | LRB103 06043 HLH 53299 b |
|
| 1 | | (i) eliminate unnecessary or antiquated permit | 2 | | requirements;
| 3 | | (ii) consolidate duplicative or overlapping permit | 4 | | requirements;
| 5 | | (iii) simplify overly complex or lengthy application | 6 | | procedures;
| 7 | | (iv) expedite time-consuming agency review and | 8 | | approval procedures; or
| 9 | | (v) otherwise improve the permitting processes in the | 10 | | State.
| 11 | | The office shall submit copies of all recommendations | 12 | | within 5 days of
issuance to the affected agency, the | 13 | | Governor, the General Assembly, and the
Joint Committee on | 14 | | Administrative Rules.
| 15 | | (p) The office shall has authority to review State forms | 16 | | on its own initiative or
upon the request of another State | 17 | | agency to ascertain the burden, if any, of
complying with | 18 | | those forms. If the office determines that a form is unduly
| 19 | | burdensome to business, it may recommend to the agency issuing | 20 | | the form either
that the form be eliminated or that specific | 21 | | changes be made in the form.
| 22 | | (q) Not later than March 1 of each year, beginning March 1, | 23 | | 1995, the office
shall submit an annual
report of its | 24 | | activities during the preceding year to the Governor and | 25 | | General
Assembly. The report shall describe the activities of | 26 | | the office during the
preceding year and shall contain |
| | | HB3017 Engrossed | - 9 - | LRB103 06043 HLH 53299 b |
|
| 1 | | statistical information on the permit
assistance activities of | 2 | | the office.
| 3 | | (Source: P.A. 97-787, eff. 7-13-12; 98-346, eff. 8-14-13.)
|
|