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.)