Bill Text: IL HB2036 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.

Spectrum: Moderate Partisan Bill (Republican 22-4)

Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0237 [HB2036 Detail]

Download: Illinois-2013-HB2036-Amended.html

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Rep. Dwight Kay

Filed: 3/13/2013

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AMENDMENT TO HOUSE BILL 2036
AMENDMENT NO. ______. Amend House Bill 2036 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
adding Sections 7.7 and 7.8 as follows:
(415 ILCS 5/7.7 new)
Sec. 7.7. Permit, registration, and license application
response times.
(a) Notwithstanding any other provision of law, as soon as
practicable after the effective date of this amendatory Act of
the 98th General Assembly, the Director shall determine and
establish a maximum processing time for applications for each
permit, registration, or license issued under this Act. The
processing time established by the Director shall not be more
than 60 days after the Director notifies the applicant that the
application is complete. When establishing processing times

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for permits, registrations, and licenses under this Act, the
Director shall take into consideration all duties and
responsibilities of the Agency and the availability of
resources.
(b) The Director shall annually publish processing
timetables for each permit, registration, and license issued
under this Act. The deadline for the processing of an
application is determined by the timetable published and in
effect on the date the Agency received a completed application.
(c) Before publishing timetables under subsection (b) of
this Section, the Director shall review the proposed processing
response times with an advisory committee established for that
purpose. The Director shall appoint the members of the advisory
committee, who shall be broadly representative of business,
environmental, and other interest groups.
(d) The processing period for an application under this Act
begins on the date the Agency notifies the applicant that the
application is complete. The consent of the applicant is
required to stop the processing period or to extend the
deadline unless:
(1) the Director determines that a public hearing is
required, in which case the processing period may be
stopped or extended only as necessary to accommodate the
public hearing process; or
(2) the Director determines that the applicant has
significantly modified the application, in which case the

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processing period is stopped until the Agency and the
applicant agree to a new timetable.
(e) The Director may stop the processing time with consent
of the applicant for any period of time if the Director
determines that:
(1) additional information is required from the
applicant;
(2) agencies or departments other than the Illinois
Environmental Protection Agency are required to comment on
an application and do not respond within the time frame
established between the organizations; or
(3) the applicant wishes to stop the processing period
or extend the deadline.
(f) For projects that require more than one permit,
registration, or license from the Agency, the Agency and the
applicant shall determine the timetables applicable to all
permit, registration, or license applications.
(g) Except as otherwise provided in this Section, if the
Director fails to approve or deny an application before the
deadline set under this Section, the Agency shall return 50% of
the application fee to the applicant. If the Director fails to
approve or deny an application within 120 days after the
deadline, the Agency shall return the remainder of the
application fee to the applicant.
(h) The Agency shall adopt any rules necessary to carry out
the provisions of this Section.

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(415 ILCS 5/7.8 new)
Sec. 7.8. Private application review. If, after the
expiration of half of the processing time established in a
timeline under Section 7.7 of this Act, the Director determines
that the Agency cannot process a permit, registration, or
license application within the required processing time, the
Director shall, with the consent of the applicant, enter into
an agreement with an individual, partnership, firm, or
corporation outside of the Agency to review the application.
The Agency shall adopt any rules necessary to carry out the
provisions of this Section.".