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Permitting: Illinois Chamber and Illinois Environmental Regulatory Group Testify in Support of HB 3017
On Thursday, HB 3017 sponsored by Representative Yednock was heard in the House Small Business, Tech Innovation & Entrepreneurship Committee. This bill is a joint initiative of the Illinois Chamber and the Illinois Environmental Regulatory Group (IERG) and is a significantly amended version of HB 5555 which passed out of the House unanimously last spring. As this bill is a Chamber/IERG initiative, Kelly Thompson, IERG Executive Director and I provided testimony in support.
This bill amends the Business Assistance and Regulatory Reform Act to improve the permitting process in the State of Illinois by creating an online permitting portal to allow new and existing environmental permit applicants to track the status of their permits. With such a portal, businesses seeking certain permits for industrial projects can access a website to better understand the timeline and process for agency approval.
Using an information technology tool for these purposes is not a new concept. At the Federal level, a similar tool called the Federal Infrastructure Permitting Dashboard was created under the Obama administration and is still in use today. Surrounding States have a similar portal as well to promote transparency.
During the hearing, Thompson said the following: "This is a win-win for both permit applicants and the Agency or Department tasked with issuing the permits. This allows the permit applicant to have timely and up-to-date permit application tracking information. The portal also assists the Agency and Department, which both have limited resources, to streamline the process and provide timely customer service to businesses already established here and those looking to locate within the State of Illinois."
HB 3017 passed out of committee unanimously but we will amend the bill before going to the floor to satisfy some minor concerns of state agencies.
Bill Action of Note:
HB 1409, State Contracting Goals/Engineering passed out of House State Government 6-3-0. This bill amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that all goals established concerning the awarding of State contracts apply to architectural, engineering, and land surveying contracts under the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Removes references to architectural and engineering services in a provision concerning State contracts awarded to insurance services, architectural and engineering services investment management services, information technology services, accounting services, and legal services.
HB 2131, Traffic Fatalities passed out of House Transportation: Vehicles & Safety by a vote of 11-0-0. This bill requires the Secretary of Transportation to establish and convene the Zero Traffic Fatalities Task Force to develop a structured, coordinated process for early engagement of all parties to develop policies to reduce traffic fatalities to zero. Provides that the Task Force shall include, but is not limited to, representatives from the Illinois State Police, State-supported institutions of higher learning, the Department of Transportation, the Department of Public Health, local governments, bicycle safety organizations, statewide motorist service membership organizations, transportation advocacy organizations, and labor organizations. Requires the Secretary of Transportation to prepare and submit a report of findings based on the Zero Traffic Fatalities Task Force's efforts to the General Assembly on or before January 1, 2025.
HB 2219, MWRD Resource Recovery passed out of the House Public Utilities Committee by a vote of 22-0-0. This bill provides that "recovered resources" means any material produced by or extracted from (i) the operation of district facilities or (ii) the use of district-owned real estate (currently, "recovered resources" means any material produced by or extracted from the operation of district facilities). Adds solar or wind energy as an example of recovered resources.
HB 2246, Expressway Cameras passed out of House Transportation: Vehicles & Safety Committee 11-0-0. This bill establishes that funds from the Illinois State Tollway Highway Authority may be used for installation and maintenance of the camera systems, telecommunications costs, and for camera warranties. Provides that cameras shall be interoperable with the Illinois State Police current camera system. Makes other changes. Amends the Freedom of Information Act. Provides that the provision exempting images from cameras under the Expressway and Highway Camera Act are inoperative on and after July 1, 2025 (rather than 2023).
HB 2287, Electric School Buses passed out of House Elementary & Secondary Education: Administration, Licensing & Charter Schools 6-3-0. This bill provides that all school buses that are newly purchased, leased, or contracted after January 1, 2028, shall be an electric vehicle. Provides that all school buses that provide transportation for enrolled students operating primarily within an equity investment eligible community or primarily serving students living in an equity investment eligible community after January 1, 2030, shall be an electric vehicle. Provides that all school buses that provide transportation for enrolled students in the State after January 1, 2035, shall be an electric vehicle.
HB 2288, Veterans/Procurement passed out of House State Government 11-0-0. This bill provides that, as used in a provision of the Code that establishes procurement goals for veteran-owned small businesses, the term "small business" means a business that has annual gross sales of less than $150,000,000 (rather than less than $75,000,000) as evidenced by the federal income tax return of the business.
HB 2527, Water & Wastewater Funding Study passed out of the House Energy & Environment Committee by a vote of 24-0-0. This bill extends the date that the Municipal Water and Wastewater Funding Study Committee is required to report its findings and recommendations to the Governor and General Assembly to September 30, 2023 (from January 31, 2023).
HB 2531, South Suburban Airport passed out of House State Government 11-0-0. This bill amends the Public-Private Agreements for the South Suburban Airport Act. Defines cargo-oriented development as the development of places that are both multimodal nodes of freight transportation and centers of employment in logistics and manufacturing businesses. Provides that the Department of Transportation shall (instead of may) establish a process for prequalification of offerors. Requires the Department to commence the prequalification process within 6 months after the effective date of the amendatory Act.
HB 2557, Farmer Equity and Innovation Act passed out of the House Agriculture & Conservation Committee by a vote of 5-3-0. This bill creates the Farmer Equity and Innovation Act. Subject to appropriation by the General Assembly and approval by the University of Illinois Board of Trustees, creates the Farmer Equity and Innovation Center at the University of Illinois Extension. Provides that the Farmer Equity and Innovation Center shall: (1) ensure the continued economic viability of small-scale and moderate-scale diversified farms and ranches by creating a coordinated, statewide program to support the operators of those farms and ranches, prioritizing limited resource farmers and ranchers and socially disadvantaged farmers and ranchers; (2) establish a Farmer Equity and Innovation Program administered by the Center; (3) utilize the University of Illinois Small Farm Advisors, and require the University to increase its Small Farm Advisor positions to 6 in number; (4) include applied research on specified subjects concerning farming and ranching in Illinois, outreach regarding those subjects, and informational services on assistance provided by or through the Center or nonprofit organizations designated by the Center; (5) authorize the Program to include special training for new and beginning farmers and ranchers, with priority given to socially disadvantaged farmers and ranchers; and (6) conduct a study to determine and issue an annual report to the Governor and General Assembly containing a demographic breakdown of farmers and ranchers who participate in the Program.
HB 2569, Compost Products passed out of the House Energy & Environment Committee by a vote of 19-10-0. This bill provides that all State agencies and local governments shall consider whether compost products can be utilized in the land maintenance activity project when soliciting and reviewing bids for land maintenance activity projects. Provides that, if compost products can be used in the project, the State agency or local government must use compost products unless the compost products: (1) are not available within a reasonable period of time; (2) do not comply with existing purchasing standards; or (3) do not comply with federal or State health and safety standards. Provides that State agencies and local governments are encouraged to give priority to purchasing compost products from companies that produce compost products locally, are certified by a nationally recognized organization, and produce compost products that are derived from municipal solid waste compost programs.
HB 2776, Lead Pipe Replacement passed out of the House Energy & Environment Committee. This bill provides that an owner or operator of a community water supply must (rather than may) provide a consumer notice by email (if an email address is available) when replacing a lead service line or repairing or replacing water mains with lead service lines or partial lead service lines attached to them. Requires a municipality with a population in excess of 1,000,000 inhabitants to publicly post, on its website, data related to the progress it has made in installing publicly-funded lead service lines. Amends the Residential Real Property Disclosure Act. Requires the seller to disclose on the real estate disclosure form any discovered concentration of or unsafe conditions relating to lead paint, lead water pipes, lead plumbing pipes or lead in the soil on the premises (rather than unsafe concentrations of or unsafe conditions relating to lead paint, lead water pipes, lead plumbing pipes or lead in the soil on the premises).
HB 2816, Small Business Subcontractor passed out of the Small Business, Tech Innovation, and Entrepreneurship Committee by a vote of 6-4-0. This bill provides that a small business subcontractor may enter into an agreement with the Department of Transportation to receive direct payments from the Department on a construction project. Amends the State Prompt Payment Act. Requires contractors to pay each subcontractor and material supplier within 7 business days after receiving payment (currently, 10 business days or 15 calendar days). Provides that when a State official or agency responsible for administering a contract submits a voucher to the Comptroller for payment to a small business subcontractor who enters into a specified contract under the Department of Transportation Law, that State official or agency shall make available electronically the voucher information. Provides that if a contractor is assessed liquidated damages from the State, the contractor is still responsible to each subcontractor under subcontracts. Provides that contractors are responsible for reasonable attorney's fees if an administrative law judge finds in favor of the subcontractor. Provides that if a contractor with the Department or a small business subcontractor claims that additional payment is due under the terms of the contract, and the Department of Transportation has not agreed that payment is due, the contractor or subcontractor desiring to pursue additional compensation shall file a claim according to the requirements and procedures specified by the Department. Provides that, if the claim, after consideration by the Department, is found to have merit, the Department will make an equitable adjustment.
HB 3017, Permit Issuance passed out of House Small Business, Tech Innovation, and Entrepreneurship Committee by a vote of 10-0-0. This bill 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. This is a Chamber/IERG Initiative. The Chamber and IERG both provided testimony in support.
HB 3340, Borrowing/IFA passed out of the Financial Institutions and Licensing Committee. This bill amends the Illinois Municipal Code. In provisions relating to a municipality borrowing money from a bank or other financial institution, modifies the definition of "financial institution" to include the Illinois Finance Authority.
HB 3400, IL Works Jobs Program passed out of House Labor 28-0-0. This bill provides that the Illinois Works Review Panel's examination of workforce demographic data collected by the Illinois Department of Labor must include demographic information about the workforce on public work projects contracted by the State or an agency of the State by contractor, race, gender, trade, hours worked by payroll cycle and annually, whether apprentice or journeyworker, and, if an apprentice, which year of apprenticeship, and whether or not the apprentice is a graduate of the Illinois Works Preapprenticeship Program. Provides that individual members of the workforce shall be given a unique identifier so that progress and retention can be tracked without sharing personally identifiable information. Creates the Access and Opportunity Committee to monitor and report on the progress of ensuring that all Illinois residents have access to careers in the construction industry and building trades on current State capital projects, including those who have been historically underrepresented in those trades. Includes provisions regarding Committee membership, powers and duties, and meetings.
HB 3551, Procurement passed out of House State Government by a vote of 8-0-0. This bill amends the Illinois Procurement Code. Removes a repeal date for the definition of "single prime", but makes the definition inoperative on January 1, 2026 for public institutions of higher education. Removes a provision limiting applicability through December 31, 2025 of provisions related to single prime projects. Removes a provision limiting the Capital Development Board from using the single prime procurement delivery method under specified circumstances. Limits provisions relating to building construction contracts in excess of $250,000 to public institutions of higher education. Provides that, before electing to use single prime on a project, the Capital Development Board must make a written determination that must include a description as to the particular advantages of the single prime procurement method for that project and an evaluation of specified factors. Provides that the Chief Procurement Officer must review the Capital Development Board's determination and consider the adequacy the evaluation of the specified factors to determine whether the Board may proceed with single prime. Allows the Board to cure their determination if the Chief Procurement Officer finds the Board's written determination insufficient. Provides that, when procuring construction or construction-related projects with a total value over the small purchase maximum, the construction agency shall provide a bid preference to a responsive and responsible bidder that is an Illinois business (currently, just responsible bidder). Provides that the construction agency shall allocate a bid preference of 4% to the lowest bid by an Illinois business that is responsible and responsive. Specifies that the preference applies only to projects where a bid has been submitted by a business that is not an Illinois business.
HB 3597, Electric Truck Voucher passed out of the House Energy & Environment Committee 18-9-0. This bill requires the Environmental Protection Agency to establish a voucher program to promote the use of electric vehicles by offering, subject to appropriation, a voucher in specified amounts per electric vehicle purchased or leased. Requires vouchers to be (1) made available for electric vehicles that are registered in Illinois or recognized under the International Registration Plan, (2) issued only to applicants who have a primary residence in Illinois, and (3) made available for direct purchases, purchases through third-party bulk orders, and leasing of electric vehicles. Provides that an applicant shall submit a proof of purchase, lease, or other binding contract regarding the electric vehicle in order to be awarded the voucher.
HB 3606, BEP Good Faith Effort passed out of House Economic Opportunity & Equity Committee by a vote of 5-3-0. This bill amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Defines terms. Provides factors for determining whether a good faith effort has been made for purposes of granting a waiver under the Act. Provides for a uniform standard of contract goals for State agencies, public institutions of higher education, and other departments. Specifies further requirements concerning uniform contract goals. Provides that the terms of every contract entered into by a State agency or public institution of higher education for purposes of the Act shall include a provision requiring vendors who fail to comply with a utilization plan to return all funds paid to that vendor with an expectation of compliance. Provides that the Business Enterprise Council may (rather than shall) grant a waiver under specified circumstances. Provides criteria for granting a waiver.
HB 3641, Local Regulation passed out of House State Government 6-3-0. This bill provides that ordinances of units of local government may not be enforced against construction, reconstruction, improvement, or installation of State facilities. Provides that units of local government cannot require payment of permitting fees or require permit inspections for the construction, reconstruction, improvement, or installation of State facilities. Provides that the provisions apply to construction, reconstruction, improvement, or installation of projects that are ongoing on the effective date of the amendatory Act and to all projects started on or after the effective date of the amendatory Act. Provides that the regulation of local ordinances, fees, and inspections affecting the construction, reconstruction, improvement, or installation of State facilities are exclusive powers and functions of the State.
HB 3720, BEP Goals passed out of the House Economic Opportunity & Equity Committee by a vote of 5-3-0. This bill provides that the Commission on Equity and Inclusion shall establish goals based on the types of communities served by businesses. Requires corporations that are publicly held domestic or foreign corporation with their principal executive office located in Illinois to provide in their annual report the percentage of professional services procurements from business enterprises owned by minority persons, women, or persons with disabilities as those terms are defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that the Secretary of State shall establish a publicly accessible and searchable database of the information in each annual report.
HB 3927, Public-Private Partnership Act passed out of House State Government 8-1-0. This bill, as amended, creates the Public-Private Partnerships Act. Provides that the intent of the Act, among others, is to authorize responsible public entities to develop and enter into public-private partnership agreements for qualifying projects which result in the availability of such projects to the public in a more timely and less costly fashion, thereby serving the public safety, benefit, and welfare. Creates the Infrastructure Investment Commission, including its membership and duties. Establishes the qualifications and processes related to unsolicited proposals for projects that become public-private agreements for the building, upgrading, providing of services, operating, ownership or financing of facilities. Sets forth the procedures and standards for the formation of public-private agreements between public and private entities, including the powers of the entities and the provisions of the agreements. Establishes development and operation standards for projects. Includes provisions related to the taxation and financial arrangements related to public-private partnerships. Provides that each facility project awarded by a responsible public entity shall be performed pursuant to the requirements of the Illinois Prevailing Wage Act (rather than pay wages pursuant to prevailing standards). Provides that any public-private agreement entered into under a public-private partnership between a vendor and a responsible public entity pertaining to the building, altering, repairing, maintaining, improving, or demolishing of a facility shall require any contractor and all subcontractors to comply with the Illinois Procurement Code. Provides that a public-private agreement project shall require the contractor and all subcontractors to enter into a project labor agreement utilized by the Department of Labor and evidence that the contractor or subcontractor has entered into a fully executed project labor agreement with the applicable local building trades council. Provides that any public-private agreement entered into under a public-private partnership between a vendor and a responsible public entity shall include a provision requiring the selected vendor to enter into a labor peace agreement with any bona fide labor organization, including any bona fide labor organization that represents or is attempting to represent any of its employees necessary for the ongoing maintenance and operation of such agreement.
SB 76, Nuclear Power passed out of Senate Energy and Public Utilities 15-1-0. This bill replaces everything after the enacting clause. Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government, through its authorized agency, has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly.
SB 133, Public Construction Bonds passed out of Senate Judiciary 9-0-0. This bill provides that a local governmental unit may not withhold retainage of more than 5% from any payment to a contractor who furnishes the bond or bond substitute required by the Act and that the contractor and its subcontractors may not withhold retainage of more than 5% from their subcontractors.
SB 249, Prevailing Wage/Public Works passed out of Senate Labor by a vote of 10-4-0. This bill amends the Prevailing Wage Act. Provides that the provisions of the Act apply to the construction or demolition of public works performed by an employee of a public body engaged in the construction or demolition of public works on behalf of another public body.
SB 1398, Battery Recycling passed out of Senate Energy and Public Utilities 17-0-0. This bill requires the Illinois Environmental Protection Agency to adopt rules requiring each manufacturer of an electric vehicle that is sold in the State and contains a lithium-ion battery and each manufacturer of lithium-ion batteries sold in the State to submit a battery recycling plan to the Agency by June 1, 2024. Prohibits the disposal of lithium-ion batteries in sanitary landfills. Makes the disposal prohibitions in the bill take effect July 1, 2024.
SB 1570, Municipal Design Build passed out of Senate Local Government 11-0-0. This bill creates the Municipal Design-build Contracts Division in the Illinois Municipal Code, which may be cited as the Municipal Design-build Authorization Act. Provides that a municipality may enter into design-build contracts. Includes scope and performance criteria for design-build contracts, a two-phase procedure for selection of contracts, requirements for submission of proposals, procedures for awarding contracts, and requirements of reports and evaluation of contracts. Provides that, if the total overall cost of a project is estimated to be less than $12,000,000, the municipality may combine the two-phase procedure for selection into one phase. In provisions about submission of proposals, provides that, after a response to a request for qualifications or a request for proposal has been submitted, a design-build entity may not replace, remove, or otherwise modify any firm identified as a member of the proposer's team unless authorized to do so by the municipality.
SB 1769, Govt. Zero Emission Vehicles passed out of Senate Environment and Conservation 6-2-0. This bill establishes that all vehicles purchased or leased by a governmental unit after January 1, 2025, must be a zero-emissions vehicle or converted zero-emissions vehicle. Provides that a "zero-emissions" vehicle means a passenger (rather than a passenger and commercial) motor vehicle that produces zero exhaust emissions of any criteria pollutant, precursor pollutant, or greenhouse gas, but only produces water vapor, in any mode of operation or condition, as determined by the Agency. Requires the Environmental Protection Agency to adopt rules to implement and enforce this Act.
SB 1800, Fleet Electrification passed out of Senate Environment and Conservation 6-2-0. This bill requires the Environmental Protection Agency to establish a Fleet Electrification Incentive Program to promote the use of electric trucks by fleet owners by offering a voucher of $200,000 per electric Class 6 truck, electric Class 7 truck, or electric Class 8 truck purchased or leased for a fleet by the fleet's owner or operator. Provides that an applicant shall submit a proof of purchase, lease, or other binding contract regarding the electric Class 6 truck, electric Class 7 truck, or electric Class 8 truck in order to be awarded the voucher. Requires an applicant who is awarded a voucher to agree to participate in annual surveys on specified metrics.
SB 1897, Rock Island Port District passed out of Senate Local Government 11-0-0. This bill creates the Rock Island Regional Port District Act. Establishes the Rock Island Regional Port District within the corporate limits of the City of Rock Island. Provides that territory of adjacent municipalities may be annexed into the Port District. Provides that the governing and administrative body of the Rock Island Regional Port District initially consists of the Rock Island City Council but will later include the city councils of annexed territories of adjacent municipalities. Contains provisions related to the operation of the Port District, rights and powers of the Port District and participating municipalities, lease of property, easements and permits, bonds and tax levies, eminent domain powers, and other provisions. Limits the concurrent exercise of home rule powers.
SB 2014, IDOT Safety Improvements passed out of the Senate Transportation Committee. This bill requires the Department of Transportation to develop a policy which ensures the safety of pedestrians and cyclists on roadways within the State. Establishes that improvements will be made during routine maintenance and within a distance of 1,000 feet of the maintenance work on any State road within a municipality to include high visibility signage, crosswalk improvements, curb bump outs, barrier protected bike lanes, and bus shelters.
SB 2192, Procurement passed out of Senate Executive 13-0-0. This bill Provides that if a bidder has failed to be awarded a contract after 4 consecutive bids to provide the same services to a single agency, the applicable chief procurement officer for that agency shall in writing detail why all 4 bids were rejected. Only applies to the Department of Innovation and Technology, the Department of Transportation, the Capital Development Board, and the Illinois State Toll Highway Authority.
SB 2278, Vehicle Max Height/Length passed out of the Senate Transportation Committee with a commitment that it will be held for an amendment. This bill provides that local authorities with respect to highways under their jurisdiction may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles, or may impose limitations as the weight, height, or length (rather than only weight) thereof, which prohibitions and limitations shall be marked by appropriate signs placed on such highways.
SB 2408, Prevailing Wage passed out of Senate Labor 12-3-0. This bill provides that any laborer, worker, or mechanic who is employed by the contractor or by any lower tier sub-contractor and is paid for services in a sum less than the prevailing wage rates for work performed on a project shall have a right of action for whatever difference there may be between the amount so paid and the prevailing rates required to be paid for work performed on the project.
SB 2424, Land Acquisition passed out of the Senate Transportation Committee. This bill, as amended, states that "Project" also includes any land acquisition that is conducted by either the Department of Transportation or Illinois Toll Highway Authority and that requires architectural, engineering, or land surveying services.
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