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(20 ILCS 655/9.1)
(from Ch. 67 1/2, par. 614)
State and local regulatory alternatives.
(a) Agencies may
provide in their rules and regulations for:
(i) the exemption of business enterprises within
(ii) modifications or alternatives specifically
applicable to business enterprises within enterprise zones, which impose less stringent standards or alternative standards for compliance (including performance-based standards as a substitute for specific mandates of methods, procedures, or equipment).
Such exemptions, modifications, or alternatives shall be effected by rule
or regulation promulgated in accordance with the Illinois Administrative
Procedure Act. The Agency promulgating such exemptions, modifications, or
alternatives shall file with its proposed rule or regulation its findings
that the proposed
rule or regulation provides economic incentives within enterprise zones
which promote the purposes of this Act and which, to the extent they include
any exemptions or reductions in regulatory standards or requirements, outweigh
the need or justification for the existing rule or regulation.
(b) If any agency promulgates a rule or regulation pursuant to paragraph
(a) affecting a rule or regulation contained on the list published by the
Department pursuant to Section 9, prior to the completion of the rulemaking
process for the Department's rules under that Section, the agency shall
immediately transmit a copy of its proposed rule or regulation to the Department,
with a statement of reasons as to why the Department should defer to the
agency's proposed rule or regulation. Agency rules promulgated under paragraph
(a) shall, however, be subject to the exemption rules and regulations of
the Department promulgated under Section 9.
(c) Within enterprise zones, the designating county or municipality may
modify all local ordinances and regulations regarding (1) zoning; (2) licensing;
(3) building codes, excluding however, any regulations treating building
defects; (4) rent control and price controls (except for the minimum wage).
Notwithstanding any shorter statute of limitation to the contrary, actions
against any contractor or architect who designs, constructs, or rehabilitates
a building or structure in an enterprise zone in accordance with local standards
specifically applicable within zones which have been relaxed may be commenced
within 10 years from the time of beneficial occupancy of the building or
use of the structure.
(Source: P.A. 101-81, eff. 7-12-19.)