Public Act 103-0538
 
HB3017 EnrolledLRB103 06043 HLH 53299 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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:
 
    (20 ILCS 608/5)
    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.
(Source: P.A. 88-404.)
 
    (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.
 
    (20 ILCS 608/10)
    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
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
office shall carry out the provisions of this Act, subject to
funding through appropriation.
(Source: P.A. 98-463, eff. 8-16-13.)
 
    (20 ILCS 608/15)
    Sec. 15. Providing Information and Expediting Permit
Reviews.
    (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
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.
    (b) (Blank).
    (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:
        (1) facilitate contacts for the applicant with
    responsible agencies;
        (2) arrange conferences to clarify the requirements of
    interested agencies;
        (3) consider with State agencies the feasibility of
    consolidating hearings and data required of the applicant;
        (4) assist the applicant in resolution of outstanding
    issues identified by State agencies; and
        (5) coordinate federal, State and local regulatory
    procedures and permit review actions to the extent
    possible.
    (d) The office shall publish an online a directory of
State business permits and State programs to assist small
businesses.
    (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.
    (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.
    (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.
    (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.
    (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.
    (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.
    (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.
    (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
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
Occupational Safety and Health Administration.
    (l) The office shall provide information on existing loan
and business assistance programs provided by the State.
    (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.
    (n) (1) Each State agency shall, subject to appropriation,
fully cooperate with the office in providing information,
documentation, personnel or facilities requested by the
office.
    (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.
    (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
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.
    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.
    (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
its direct experience, and on its statistical analyses to
prepare recommendations regarding how to:
        (i) eliminate unnecessary or antiquated permit
    requirements;
        (ii) consolidate duplicative or overlapping permit
    requirements;
        (iii) simplify overly complex or lengthy application
    procedures;
        (iv) expedite time-consuming agency review and
    approval procedures; or
        (v) otherwise improve the permitting processes in the
    State.
    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.
    (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
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.
    (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.
    (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.)