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90_SB0855
20 ILCS 608/15
20 ILCS 610/Act rep.
20 ILCS 1105/8 from Ch. 96 1/2, par. 7408
30 ILCS 750/8-3 from Ch. 127, par. 2708-3
Amends the Business Assistance and Regulatory Reform Act.
Deletes the provisions concerning certain permit processing
activities of the Office of Permits and Regulatory Assistance
within the Department of Commerce and Community Affairs.
Repeals the Corridors of Opportunity and Development Act.
Amends the Energy Conservation and Coal Development Act to
provide that the Illinois Coal Development Board may submit
to the Governor and General Assembly the coal market report
on October 1 of each year (now March 1). Amends the Build
Illinois Act to provide that the Department of Commerce and
Community Affairs may provide staff, administration, and
other support for the Public Infrastructure Loan and Grant
Programs and pay for the support from the Public
Infrastructure Construction Loan Revolving Fund. Effective
immediately.
LRB9001779PTcw
LRB9001779PTcw
1 AN ACT concerning business programs.
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 Section 15 as follows:
6 (20 ILCS 608/15)
7 Sec. 15. Providing Information and Expediting Permit
8 Reviews.
9 (a) The office shall provide an information system using
10 a toll-free business assistance number. The number shall be
11 advertised throughout the State. If requested, the caller
12 will be sent a basic business kit, describing the basic
13 requirements and procedures for doing business in Illinois.
14 If requested, the caller shall be directed to one or more of
15 the additional services provided by the office. In addition,
16 the office shall have branches located throughout the State
17 to assist persons who prefer not (or who are unable) to use
18 the call system. All persons providing advice to callers on
19 behalf of the office and all persons responsible for directly
20 providing services to persons visiting the office or one of
21 its branches shall be persons with small business experience
22 in an administrative or managerial capacity.
23 (b) (Blank). The office shall develop and implement a
24 computerized master application procedure to expedite the
25 identification and processing of permits for business
26 undertakings, projects and activities.
27 (1) The application shall be made on a form
28 prescribed by the office, designed primarily for the
29 convenience of applicants confronting requirements of
30 multiple permits from one or more State agencies. The
31 office shall assist any person requesting assistance in
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1 completing the application.
2 (2) Upon receipt of a completed master application,
3 the office shall notify each State agency having a
4 possible interest in the proposed business activity.
5 Each agency so notified shall respond within 15 days and
6 advise the office whether one or more permits under its
7 jurisdiction may be required for the activity. The
8 response will also include the fees to be charged. The
9 requirements of this subdivision (b)(2) shall not apply
10 if the master application contained false, misleading or
11 deceptive information, or failed to include pertinent
12 information, the lack of which could reasonably lead a
13 State agency to misjudge the applicability of permits
14 under its jurisdiction, or if new permit requirements or
15 related standards subsequently became effective for which
16 a State agency had no discretion in establishing the
17 effective date. For purposes of this Act, "State agency"
18 means a department or agency of State government under
19 the jurisdiction and control of the Office of the
20 Governor.
21 (3) After the 15 day notice and response period,
22 the office shall promptly provide the applicant with the
23 necessary application forms and related information for
24 all permits specified by the interested State agencies.
25 Applications may be directly filed with the agencies or
26 with the office, together with the requisite fees. The
27 office may at the request of the applicant conduct a
28 pre-application conference with representatives of the
29 interested State agencies and agencies having
30 responsibilities for business promotion.
31 (c) Any applicant for permits required for a business
32 activity may confer with the office to obtain assistance in
33 the prompt and efficient processing and review of
34 applications. The office may designate an employee of the
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1 office to act as a permit assistance manager to:
2 (1) facilitate contacts for the applicant with
3 responsible agencies;
4 (2) arrange conferences to clarify the requirements
5 of interested agencies;
6 (3) consider with State agencies the feasibility of
7 consolidating hearings and data required of the
8 applicant;
9 (4) assist the applicant in resolution of
10 outstanding issues identified by State agencies; and
11 (5) coordinate federal, State and local regulatory
12 procedures and permit review actions to the extent
13 possible.
14 (d) The office shall publish a directory of State
15 business permits and State programs to assist small
16 businesses.
17 (e) The office shall designate "economically distressed
18 areas", being State enterprise zones that have been
19 designated enterprise zones under the Illinois Enterprise
20 Zone Act because of their high unemployment rate, high
21 poverty rate, or low income. The office shall provide on-site
22 permit assistance in those areas and may require any
23 interested State agency to designate an employee who shall
24 coordinate the handling of permits in that area. Interested
25 State agencies shall, to the maximum extent feasible,
26 establish procedures to expedite applications in economically
27 distressed areas. The office shall attempt to establish
28 agreements with the local governments having jurisdiction in
29 these areas, to allow the office to provide assistance to
30 applicants for permits required by these local governments.
31 (f) The office shall designate permit assistance
32 managers to assist in obtaining the prompt and efficient
33 processing and review of applications for permits required by
34 businesses performing infrastructure projects. Interested
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1 State agencies shall, to the maximum extent feasible,
2 establish procedures to expedite applications for
3 infrastructure projects. Applications for permits for
4 infrastructure projects shall be approved or disapproved
5 within 45 days of submission, unless law or regulations
6 specify a different period. If the interested agency is
7 unable to act within that period, the agency shall provide a
8 written notification to the office specifying reasons for its
9 inability to act and the date by which approval or
10 disapproval shall be determined. The office may require any
11 interested State agency to designate an employee who will
12 coordinate the handling of permits in that area.
13 (g) In addition to its responsibilities in connection
14 with permit assistance, the office shall provide general
15 regulatory information by directing businesses to appropriate
16 officers in State agencies to supply the information
17 requested.
18 (h) The office shall help businesses to locate and apply
19 to training programs available to train current employees in
20 particular skills, techniques or areas of knowledge relevant
21 to the employees' present or anticipated job duties. In
22 pursuit of this objective, the office shall provide
23 businesses with pertinent information about training programs
24 offered by State agencies, units of local government, public
25 universities and colleges, community colleges, and school
26 districts in Illinois.
27 (i) The office shall help businesses to locate and apply
28 to State programs offering to businesses grants, loans, loan
29 or bond guarantees, investment partnerships, technology or
30 productivity consultation, or other forms of business
31 assistance.
32 (j) To the extent authorized by federal law, the office
33 shall assist businesses in ascertaining and complying with
34 the requirements of the federal Americans with Disabilities
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1 Act.
2 (k) The office shall provide confidential on-site
3 assistance in identifying problems and solutions in
4 compliance with requirements of the federal Occupational
5 Safety and Health Administration and other State and federal
6 environmental regulations. The office shall work through and
7 contract with the Hazardous Waste Research and Information
8 Center to provide confidential on-site consultation audits
9 that (i) assist regulatory compliance and (ii) identify
10 pollution prevention opportunities.
11 (l) The office shall provide information on existing
12 loan and business assistance programs provided by the State.
13 (m) Each State agency having jurisdiction to approve or
14 deny a permit shall have the continuing power heretofore or
15 hereafter vested in it to make such determinations. The
16 provisions of this Act shall not lessen or reduce such powers
17 and shall modify the procedures followed in carrying out such
18 powers only to the extent provided in this Act.
19 (n) (1) Each State agency shall fully cooperate with the
20 office in providing information, documentation, personnel or
21 facilities requested by the office.
22 (2) Each State agency having jurisdiction of any permit
23 to which the master application procedure is applicable shall
24 designate an employee to act as permit liaison office with
25 the office in carrying out the provisions of this Act.
26 (o) (1) The office has authority, but is not required,
27 to keep and analyze appropriate statistical data regarding
28 the number of permits issued by State agencies, the amount of
29 time necessary for the permits to be issued, the cost of
30 obtaining such permits, the types of projects for which
31 specific permits are issued, a geographic distribution of
32 permits, and other pertinent data the office deems
33 appropriate.
34 The office shall make such data and any analysis of the
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1 data available to the public.
2 (2) The office has authority, but is not required, to
3 conduct or cause to be conducted a thorough review of any
4 agency's permit requirements and the need by the State to
5 require such permits. The office shall draw on the review,
6 on its direct experience, and on its statistical analyses to
7 prepare recommendations regarding how to:
8 (i) eliminate unnecessary or antiquated permit
9 requirements;
10 (ii) consolidate duplicative or overlapping permit
11 requirements;
12 (iii) simplify overly complex or lengthy
13 application procedures;
14 (iv) expedite time-consuming agency review and
15 approval procedures; or
16 (v) otherwise improve the permitting processes in
17 the State.
18 The office shall submit copies of all recommendations
19 within 5 days of issuance to the affected agency, the
20 Governor, the General Assembly, and the Joint Committee on
21 Administrative Rules.
22 (p) The office has authority to review State forms on
23 its own initiative or upon the request of another State
24 agency to ascertain the burden, if any, of complying with
25 those forms. If the office determines that a form is unduly
26 burdensome to business, it may recommend to the agency
27 issuing the form either that the form be eliminated or that
28 specific changes be made in the form.
29 (q) Not later than March 1 of each year, beginning March
30 1, 1995, the office shall submit an annual report of its
31 activities during the preceding year to the Governor and
32 General Assembly. The report shall describe the activities
33 of the office during the preceding year and shall contain
34 statistical information on the permit assistance activities
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1 of the office.
2 (Source: P.A. 88-404.)
3 (20 ILCS 610/Act rep.)
4 Section 10. The Corridors of Opportunity and Development
5 Act is repealed.
6 Section 15. The Energy Conservation and Coal Development
7 Act is amended by changing Section 8 as follows:
8 (20 ILCS 1105/8) (from Ch. 96 1/2, par. 7408)
9 Sec. 8. Illinois Coal Development Board.
10 (a) There shall be established, within the Department,
11 the Illinois Coal Development Board, hereinafter in this
12 Section called the Board. The Board shall be composed of 13
13 voting members including: the Director of the Department, who
14 shall be Chairman thereof; the Director of Natural Resources
15 or that Director's designee; the Director of the Office of
16 Mines and Minerals within the Department of Natural
17 Resources; the two co-chairpersons of the Citizens Council on
18 Energy Resources, created by Public Act 84-15; and 8 persons
19 appointed by the Governor, with the advice and consent of the
20 Senate, including representatives of Illinois industries that
21 are involved in the extraction, utilization or transportation
22 of Illinois coal, persons representing financial or banking
23 interests in the State, and persons experienced in
24 international business and economic development. These
25 members shall be chosen from persons of recognized ability
26 and experience in their designated field. The 8 appointed
27 members shall serve for terms of 4 years, unless otherwise
28 provided in this subsection. The initial terms of the
29 original appointees shall expire on July 1, 1985, except that
30 the Governor shall designate 3 of the original appointees to
31 serve initial terms that shall expire on July 1, 1983. The
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1 initial term of the member appointed by the Governor to fill
2 the office created after July 1, 1985 shall expire on July 1,
3 1989. The initial terms of the members appointed by the
4 Governor to fill the offices created by this amendatory Act
5 of 1993 shall expire on July 1, 1995, and July 1, 1997, as
6 determined by the Governor.
7 The Board shall meet at least annually or at the call of
8 the Chairman. At any time the majority of the Board may
9 petition the Chairman for a meeting of the Board. Seven
10 members of the Board shall constitute a quorum. Members of
11 the Board shall be reimbursed for actual and necessary
12 expenses incurred while performing their duties as members of
13 the Board from funds appropriated to the Department for such
14 purpose.
15 (b) The Board shall have the following powers and
16 duties:
17 (1) To develop an annual agenda which may include
18 but is not limited to research and methodologies
19 conducted for the purpose of increasing the utilization
20 of Illinois' coal and other fossil fuel resources, with
21 emphasis on high sulfur coal, in the following areas:
22 coal extraction, preparation and characterization; coal
23 technologies (combustion, gasification, liquefaction, and
24 related processes); marketing; public awareness and
25 education, as those terms are used in the Illinois Coal
26 Technology Development Assistance Act; transportation;
27 procurement of sites and issuance of permits; and
28 environmental impacts.
29 (2) To support and coordinate Illinois coal
30 research, and to approve projects consistent with the
31 annual agenda and budget for coal research and the
32 purposes of this Act. The Board shall review and, if
33 acceptable, approve the annual budget and operating plan
34 submitted by the Department for administration of the
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1 Board's projects and funds.
2 (3) To promote the coordination of available
3 research information on the production, preparation,
4 distribution and uses of Illinois coal. The Board shall
5 advise the existing research institutions within the
6 State on areas where research may be necessary.
7 (4) To cooperate to the fullest extent possible
8 with State and federal agencies and departments,
9 independent organizations, and other interested groups,
10 public and private, for the purposes of promoting
11 Illinois coal resources.
12 (5) To submit an annual report to the Governor and
13 the General Assembly outlining the progress and
14 accomplishments made in the year, providing an accounting
15 of funds received and disbursed, reviewing the status of
16 research contracts, and furnishing other relevant
17 information.
18 (6) To focus on existing coal research efforts in
19 carrying out its mission. The Board shall attempt to make
20 use of existing research facilities in Illinois or other
21 institutions carrying out research on Illinois coal. As
22 far as practicable, the Board shall make maximum use of
23 the research facilities available at the Illinois State
24 Geological Survey, the Coal Extraction and Utilization
25 Research Center, the Illinois Coal Development Park and
26 universities and colleges located within the State of
27 Illinois. Subject to the approval of the Department, and
28 in conjunction with its statutory responsibilities, the
29 Board may create a consortium or center which conducts,
30 coordinates and supports coal research activities in the
31 State of Illinois. Programmatic activities of such a
32 consortium or center shall be subject to approval by the
33 Board and shall be consistent with the purposes of this
34 Act. The Board may authorize expenditure of funds in
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1 support of the administrative and programmatic operations
2 of such a center or consortium consistent with its
3 statutory authority. Administrative actions undertaken
4 by or for such a center or consortium shall be subject to
5 the approval of the Department.
6 (7) To make a reasonable attempt, before initiating
7 any research under this Act, to avoid duplication of
8 effort and expense by coordinating the research efforts
9 among various agencies, departments, universities or
10 organizations, as the case may be.
11 (8) To adopt, amend and repeal rules, regulations
12 and bylaws governing its organization, the conduct of
13 business, and the exercise of its powers and duties.
14 (9) To authorize the expenditure of monies from the
15 Coal Technology Development Assistance Fund, the Public
16 Utility Fund and other funds in the State Treasury
17 appropriated to the Department, consistent with the
18 purposes of this Act.
19 (10) To seek, accept, and expend gifts or grants in
20 any form, from any public agency or from any other
21 source. Such gifts and grants may be held in trust by
22 the Department and expended at the direction of the Board
23 and in the exercise of the Board's powers and performance
24 of the Board's duties.
25 (11) To publish, from time to time, the results of
26 Illinois coal research projects funded through the Board.
27 (12) To authorize loans from appropriations from
28 the Build Illinois Bond Purposes Fund, the Build Illinois
29 Bond Fund and the Illinois Industrial Coal Utilization
30 Fund.
31 (13) To authorize expenditures of monies for coal
32 development projects under the authority of Section 13 of
33 the General Obligation Bond Act.
34 (c) The Board shall also have and exercise the following
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1 powers and duties:
2 (1) To create and maintain thorough, current and
3 accurate records on all markets for and actual uses of
4 coal mined in Illinois, and to make such records
5 available to the public upon request.
6 (2) To identify all current and anticipated future
7 technical, economic, institutional, market,
8 environmental, regulatory and other impediments to the
9 utilization of Illinois coal.
10 (3) To monitor and evaluate all proposals and plans
11 of public utilities related to compliance with the
12 requirements of Title IV of the federal Clean Air Act
13 Amendments of 1990, or with any other law which might
14 affect the use of Illinois coal, for the purposes of (i)
15 determining the effects of such proposals or plans on the
16 use of Illinois coal, and (ii) identifying alternative
17 plans or actions which would maintain or increase the use
18 of Illinois coal.
19 (4) To develop strategies and to propose policies
20 to promote environmentally responsible uses of Illinois
21 coal for meeting electric power supply requirements and
22 for other purposes.
23 (5) To issue a report to the Governor and the
24 General Assembly by October 1, 1991, and by March 1 of
25 each year thereafter, describing all findings,
26 conclusions and recommendations required by and developed
27 pursuant to this subsection; provided, however, that
28 interim reports may be issued whenever in the opinion of
29 the Board there may be a need to do so.
30 (Source: P.A. 88-391; 89-445, eff. 2-7-96.)
31 Section 20. The Build Illinois Act is amended by
32 changing Section 8-3 as follows:
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1 (30 ILCS 750/8-3) (from Ch. 127, par. 2708-3)
2 Sec. 8-3. Powers of the Department. The Department has
3 the power to:
4 (a) provide business development public infrastructure
5 loans or grants from appropriations from the Build Illinois
6 Bond Fund, the Build Illinois Purposes Fund and the Public
7 Infrastructure Construction Loan Fund to local governments to
8 provide or improve a community's public infrastructure so as
9 to create or retain private sector jobs pursuant to the
10 provisions of this Article;
11 (b) provide affordable financing of public
12 infrastructure loans and grants to, or on behalf of, local
13 governments, local public entities, medical facilities, and
14 public health clinics from appropriations from the Public
15 Infrastructure Construction Loan Fund for the purpose of
16 assisting with the financing, or application and access to
17 financing, of a community's public infrastructure necessary
18 to health, safety, and economic development;
19 (c) enter into agreements, accept funds or grants, and
20 engage in cooperation with agencies of the federal
21 government, or state or local governments to carry out the
22 purposes of this Article, and to use funds appropriated
23 pursuant to this Article to participate in federal
24 infrastructure loan and grant programs upon such terms and
25 conditions as may be established by the federal government;
26 (d) establish application, notification, contract, and
27 other procedures, rules, or regulations deemed necessary and
28 appropriate to carry out the provisions of this Article;
29 (e) coordinate assistance under this program with
30 activities of the Illinois Development Finance Authority in
31 order to maximize the effectiveness and efficiency of State
32 development programs;
33 (f) coordinate assistance under the Affordable Financing
34 of Public Infrastructure Loan and Grant Program with the
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1 activities of the Illinois Development Finance Authority,
2 Illinois Rural Bond Bank, Illinois Farm Development
3 Authority, Illinois Housing Development Authority, Illinois
4 Environmental Protection Agency, and other federal and State
5 programs and entities providing financing assistance to
6 communities for public health, safety, and economic
7 development infrastructure;.
8 (f-5) provide staff, administration, and related support
9 required to manage the programs authorized under this Article
10 and pay for the staffing, administration, and related support
11 from the Public Infrastructure Construction Loan Revolving
12 Fund;
13 (g) exercise such other powers as are necessary or
14 incidental to the foregoing.
15 (Source: P.A. 88-453.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.