Bill Text: IL HB2848 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Business Assistance and Regulatory Reform Act. Modifies requirements concerning the Office of Business Permits and Regulatory Assistance. Provides that the Office shall implement reforms to improve interagency coordination and encourage expeditious permit issuance. Provides that the Office shall use information technology tools to track project schedules and metrics in order to improve transparency and accountability of the permitting process, reduce uncertainty and delays, and reduce costs and risks to taxpayers. Modifies and adds requirements concerning the expediting of permit reviews. Provides for the creation of an Interagency Permitting Advisory Committee. Provides additional requirements to improve the coordination of permit reviews. Defines terms. Makes other changes.

Spectrum: Strong Partisan Bill (Republican 12-1)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB2848 Detail]

Download: Illinois-2023-HB2848-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2848 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED:
20 ILCS 608/5
20 ILCS 608/7 new
20 ILCS 608/10
20 ILCS 608/15
20 ILCS 608/25 new
20 ILCS 608/30 new
Amends the Business Assistance and Regulatory Reform Act. Modifies requirements concerning the Office of Business Permits and Regulatory Assistance. Provides that the Office shall implement reforms to improve interagency coordination and encourage expeditious permit issuance. Provides that the Office shall use information technology tools to track project schedules and metrics in order to improve transparency and accountability of the permitting process, reduce uncertainty and delays, and reduce costs and risks to taxpayers. Modifies and adds requirements concerning the expediting of permit reviews. Provides for the creation of an Interagency Permitting Advisory Committee. Provides additional requirements to improve the coordination of permit reviews. Defines terms. Makes other changes.
LRB103 29587 DTM 55982 b
A BILL FOR
HB2848 LRB103 29587 DTM 55982 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
Sections 7, 25, and 30 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. This goal will be achieved through providing quick,
accurate information on existing requirements, and avoiding
unnecessary requirements, and expediting permit issuance.
(Source: P.A. 88-404.)
(20 ILCS 608/7 new)
Sec. 7. Definitions. As used in this Act:
"Authorization" means any license, permit, approval,
finding, determination, or other administrative decision that
is issued by a State agency and any interagency consultation
that is required or authorized under State law in order to
site, construct, reconstruct, or commence operations of a
covered project administered by a State agency or, in the case

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of a unit of local government that chooses to participate in
the environmental review and authorization process in
accordance with subparagraph (A) of paragraph (3) of
subsection (c) of Section 30, a local permitting authority.
"Committee" means the Interagency Permitting Advisory
Committee established under Section 25.
"Covered project" means any activity in Illinois that
involves construction of infrastructure for renewable or
conventional energy production, electricity transmission,
surface transportation, aviation, ports and waterways, water
resource projects, broadband, pipelines, or manufacturing and
that requires authorization or environmental review by a State
agency, is subject to permitting requirements pursuant to the
Environmental Protection Act, and is likely to require a total
investment of more than $20,000,000.
"Project sponsor" means an entity, including any private
entity, public entity, or public-private entity, seeking an
authorization for a covered project.
(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 (i) consolidate existing programs
throughout State government, provide assistance to businesses

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with fewer than 500 employees in meeting State requirements
for doing business, (ii) consolidate existing programs
throughout State government, and (iii) perform other functions
specified in this Act. The office shall implement reforms to
improve interagency coordination that allow for expeditious
permitting issuance. The office shall use information
technology tools to track project schedules 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 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

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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 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

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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

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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

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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 fully cooperate with the
office in providing information, documentation, personnel or
facilities requested by the office.
(2) Each State agency 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 identify, develop, and track
metrics for timeliness of permit reviews, permit decisions,
and project outcomes 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 administer and expand the use of online

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transparency tools providing:
(i) tracking and reporting metrics;
(ii) development and posting of schedules for permit
reviews and permit decisions;
(iii) the sharing of best practices relating to
efficient project permitting and reviews; and
(iv) the 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 shall 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

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within 5 days of issuance to the affected agency, the
Governor, the General Assembly, and the Joint Committee on
Administrative Rules.
(p) The office shall 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.
(Source: P.A. 97-787, eff. 7-13-12; 98-346, eff. 8-14-13.)
(20 ILCS 608/25 new)
Sec. 25. Interagency Permitting Advisory Committee.
(a) The Director of each permitting agency shall designate
a representative of the agency to serve on the committee and
represent the agency as the agency chief environmental review
and permitting officer as required by this Act.
(b) In addition, the following officials, or their

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designees, shall serve as ex officio members of the committee:
(1) the head of the Office of Business Permits and
Regulatory Assistance;
(2) the Director of the Environmental Protection
Agency;
(3) the Secretary of Transportation;
(4) the Director of Natural Resources;
(5) the Chairman of the Illinois Commerce Commission;
(6) the State Fire Marshal; and
(7) the Director of Public Health.
(20 ILCS 608/30 new)
Sec. 30. Permitting process improvement.
(a) Project initiation and designation of participating
agencies.
(1) Notice.
(A) A project sponsor of a covered project shall
submit to the office notice of the initiation of a
proposed covered project.
(B) Each notice described in subparagraph (A)
shall include:
(i) a statement of the purposes and objectives
of the proposed project;
(ii) a concise description, including the
general location of the proposed project and a
summary of geospatial information, if available,

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illustrating the project area and the locations,
if any, of environmental, cultural, and historic
resources;
(iii) a statement regarding the technical and
financial ability of the project sponsor to
construct the proposed project;
(iv) a statement of any financing and
authorizations anticipated to be required to
complete the proposed project; and
(v) an assessment that the proposed project
meets the definition of a covered project under
Section 7 and a statement of reasons supporting
the assessment.
(2) Invitation.
(A) Not later than 21 calendar days after the date
on which the office makes a specific entry for the
project on the Permitting Dashboard under paragraph
(1) of subsection (b), the office, with input from the
agency chief environmental review and permitting
officer, shall:
(i) identify agencies and governmental
entities likely to have financing, environmental
review, authorization, or other responsibilities
with respect to the proposed project; and
(ii) invite all agencies identified under
clause (i) to become a cooperating agency, in the

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environmental review and authorization management
process described in this Section.
(B) Each invitation made under subparagraph (A)
shall include a 14-calendar-day deadline for a
response to be submitted to the office.
(3) Cooperating agencies.
(A) An agency invited under paragraph (2) shall be
designated as a cooperating agency for a covered
project, unless the agency informs the office in
writing before the deadline under subparagraph (B) of
paragraph (2) that the agency:
(i) has no jurisdiction or authority with
respect to the proposed project; or
(ii) does not intend to exercise authority
related to, or submit comments on, the proposed
project.
(B) On request and a showing of changed
circumstances, the office may designate an agency that
has opted out under subparagraph (A)(ii) of this
paragraph (3) of being a cooperating agency.
(4) The designation described in paragraph (3) shall
not:
(A) give the cooperating agency authority or
jurisdiction over the covered project; or
(B) expand any jurisdiction or authority a
cooperating agency may have over the proposed project.

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(b) Permitting Dashboard.
(1) Requirement to maintain.
(A) The office, in coordination with the
Department of Innovation and Technology, shall
maintain an online database to be known as the
"Permitting Dashboard" to track the status of
environmental reviews and authorizations for any
covered project.
(B) If the office determines that the project is
not a covered project, the project sponsor may submit
a further explanation as to why the project is a
covered project not later than 14 days after the date
of being notified of the determination.
(C) Not later than 14 days after receiving an
explanation described in subparagraph (B), the office
shall:
(i) make a final and conclusive determination
as to whether the project is a covered project;
and
(ii) if the office determines that the project
is a covered project, create a specific entry on
the Permitting Dashboard for the covered project.
(2) Postings by agencies.
(A) For each covered project added to the
Permitting Dashboard under paragraph (1), the office
and each cooperating agency shall post to the

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Permitting Dashboard:
(i) a hyperlink that directs to a website that
contains, to the extent consistent with applicable
law:
(I) the notification submitted under
paragraph (1) of subsection (a);
(II) where practicable, the applications
and supporting documents that have been
submitted by a project sponsor for any
required environmental review or authorization
or a notice explaining how the public may
obtain access to such documents;
(III) a description of any agency action
taken or decision made that materially affects
the status of a covered project;
(IV) any significant document that
supports the action or decision described in
subclause (III); and
(V) a description of the status of any
litigation to which the agency is a party that
is directly related to the project, including,
if practicable, any judicial document made
available on an electronic docket maintained
by a federal, State, or local court; and
(ii) any document described in clause (i) that
is not available by hyperlink on another website.

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(B) The information described in subparagraph (A)
shall be posted to the website made available by
hyperlink on the Permitting Dashboard not later than 5
business days after the date on which the agency
receives the information.
(3) Postings by the office. The office shall publish
to the Permitting Dashboard:
(A) the permitting timetable established under
paragraph (2) of subsection (c);
(B) the status of the compliance of each agency
with the permitting timetable;
(C) any modifications of the permitting timetable;
(D) an explanation of each modification described
in subparagraph (C); and
(E) any memorandum of understanding established
under subparagraph (C) of paragraph (3) of subsection
(c).
(c) Coordination and timetables.
(1) Coordinated project plan.
(A) Not later than 60 days after the date on which
it makes a specific entry for the project on the
Permitting Dashboard, the office, in consultation with
each agency chief environmental review and permitting
officer, shall establish a concise plan for
coordinating public and agency participation in, and
completion of, any required environmental review and

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authorization for the project.
(B) The coordinated project plan shall include the
following information and be updated by the office, as
applicable, at least once per quarter:
(i) A list of all entities with environmental
review or authorization responsibility for the
project and their roles and responsibilities.
(ii) A permitting timetable, as described in
paragraph (2), setting forth a comprehensive
schedule of dates by which all environmental
reviews and authorizations and, to the maximum
extent practicable, other jurisdictions' permits,
reviews, and approvals must be made.
(iii) A discussion of potential avoidance,
minimization, and mitigation strategies, if
required by applicable law and known.
(iv) Plans and a schedule for public outreach
and coordination, to the extent required by
applicable law.
(C) The coordinated project plan described in
subparagraph (A) may be incorporated into a memorandum
of understanding.
(2) Permitting timetable.
(A) As part of the coordination project plan under
paragraph (1), the office, in consultation with each
agency chief environmental review and permitting

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officer, the project sponsor, and any unit of local
government in which the project is located, and,
subject to subparagraph (C), with the concurrence of
each cooperating agency, shall establish a permitting
timetable that includes intermediate and final
completion dates for action by each cooperating agency
on any environmental review or authorization required
for the project. The final completion dates shall be
based on relevant historical data but with the aim of
completing all required authorizations within 2 years.
(B) In establishing the permitting timetable under
subparagraph (A), the office may vary the timetable
based on relevant factors including:
(i) the size and complexity of the covered
project;
(ii) the resources available to each
participating agency;
(iii) the regional or national economic
significance of the project;
(iv) the sensitivity of the natural or
historic resources that may be affected by the
project;
(v) the financing plan for the project; and
(vi) the extent to which similar projects in
geographic proximity to the project were recently
subject to environmental review or similar

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procedures under State law.
(C) Dispute resolution.
(i) The office, in consultation with
appropriate agency chief environmental review and
permitting officers and the project sponsor,
shall, as necessary, mediate any disputes
regarding the permitting timetable referred to
under subparagraph (A).
(ii) If a dispute remains unresolved 30 days
after the date on which the dispute was submitted
to the office, the Director of the Governor's
Office of Management and Budget shall facilitate a
resolution of the dispute and direct the agencies
that are parties to the dispute to resolve the
dispute by the end of the 60-day period beginning
on the date of submission of the dispute to the
office.
(iii) Any action taken by the Director of the
Governor's Office of Management and Budget in the
resolution of a dispute under clause (ii) shall:
(I) be final and conclusive; and
(II) not be subject to judicial review.
(D) Modification after approval.
(i) The office may modify a permitting
timetable established under subparagraph (A) only
if:

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(I) the affected cooperating agencies,
after consultation with the project sponsor,
agree to a different completion date;
(II) the affected cooperating agency
provides a written justification for the
modification; and
(III) in the case of a modification that
would necessitate an extension of a final
completion date under a permitting timetable
established under subparagraph (A) to a date
more than 30 days after the final completion
date originally established under subparagraph
(A), the office shall consult with the project
sponsor and make a determination on the
record, based on consideration of the relevant
factors described under subparagraph (B),
whether to make such modification.
(ii) A completion date in the permitting
timetable may not be modified within 30 days after
the completion date.
(iii) Limitation on length of modifications.
(I) Except as provided in subclause (II),
the total length of all modifications to a
permitting timetable authorized or made under
this subparagraph (D), other than for reasons
outside the control of federal, State, local,

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or tribal governments, may not extend the
permitting timetable for a period of time
greater than half of the amount of time from
the establishment of the permitting timetable
under subparagraph (A) to the last final
completion date originally established under
subparagraph (A).
(II) The Director of the Governor's Office
of Management and Budget, after consultation
with the project sponsor, may permit the
office to authorize additional extensions of a
permitting timetable beyond the limit
prescribed by subclause (I). In such a case,
the Director of the Governor's Office of
Management and Budget shall transmit, not
later than 5 days after making a determination
to permit an authorization of extension under
this subclause (II), a report to the General
Assembly explaining why such modification is
required. Such report shall explain to the
General Assembly with specificity why the
original permitting timetable and the
modifications authorized by the office failed
to be adequate. The office shall transmit to
the Director of the Governor's Office of
Management and Budget, a supplemental report

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on progress toward the final completion date
each year thereafter, until the permit review
is completed or the project sponsor withdraws
its notice or application or other request to
which this Section applies.
(iv) The following shall not be subject to
judicial review:
(I) A determination by the office under
subclause (III) of clause (i).
(II) A determination under subclause (II)
of clause (iii) by the Director of the
Governor's Office of Management and Budget to
permit the office to authorize extensions of a
permitting timetable.
(E) A permitting timetable established under
subparagraph (A) shall be consistent with any other
relevant time period established under law and shall
not prevent any cooperating agency from discharging
any obligation under law in connection with the
project.
(F) Conforming to permitting timetables.
(i) Each agency shall conform to the
completion dates set forth in the permitting
timetable established under subparagraph (A), or
with any completion date modified under
subparagraph (D).

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(ii) If an agency fails to conform with a
completion date for agency action on a covered
project or is at significant risk of failing to
conform with such a completion date, the agency
shall:
(I) promptly submit to the office for
publication on the Permitting Dashboard an
explanation of the specific reasons for
failing or significantly risking failing to
conform to the completion date and a proposal
for an alternative completion date;
(II) in consultation with the office
establish, an alternative completion date; and
(III) each month thereafter until the
agency has taken final action on the delayed
authorization or review, submit to the office
for posting on the Permitting Dashboard a
status report describing any agency activity
related to the project.
(G) Abandonment of covered project.
(i) If the office has a reasonable basis to
doubt the continuing technical or financial
ability of the project sponsor to construct the
covered project, the office may request the
project sponsor provide an updated statement
regarding the ability of the project sponsor to

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complete the project.
(ii) If the project sponsor fails to respond
to a request described in clause (i) by the date
that is 30 days after receiving the request, the
office shall publish an appropriate notice on the
Permitting Dashboard.
(iii) On publication of a notice under clause
(ii), the completion dates in the permitting
timetable shall be tolled and agencies shall be
relieved of the obligation to comply with
subparagraph (F) until the project sponsor submits
to the office an updated statement regarding the
technical and financial ability of the project
sponsor to construct the project.
(3) Cooperating local governments.
(A) If the environmental review is being
implemented within the boundaries of a unit of local
government, it may choose to participate in the
environmental review and authorization process under
this subsection and to make subject to the process all
local authorities that:
(i) have jurisdiction over the covered
project;
(ii) are required to conduct or issue a
review, analysis, opinion, or statement for the
covered project; or

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(iii) are required to make a determination on
issuing a permit, license, or other approval or
decision for the covered project.
(B) To the maximum extent practicable under
applicable law, the office shall coordinate the
environmental review and authorization processes under
this subsection (c) with any local authority
responsible for conducting any separate review or
authorization of the covered project to ensure timely
and efficient completion of environmental reviews and
authorizations.
(C) Any coordination plan between the office and
any local authority shall, to the maximum extent
practicable, be included in a memorandum of
understanding.
(d) Early consultation. The office shall provide an
expeditious process for project sponsors to confer with each
cooperating agency involved and, not later than 60 days after
the date on which the project sponsor submits a request under
this subsection, to have each such agency provide to the
project sponsor information concerning:
(1) the availability of information and tools,
including pre-application toolkits, to facilitate early
planning efforts;
(2) key issues of concern to each agency and to the
public; and

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(3) issues that must be addressed before an
environmental review or authorization can be completed.