Andrew Cunningham l Executive Director, Infrastructure Council l 217-520-2345

Illinois Chamber and IERG Applaud the Signing of HB 3017, Permitting Portal

Last Friday, Governor Pritzker signed Illinois Chamber initiative, HB 3017 into law. Provided below is the statement we released earlier this week to applaud the signing and the work of the Sponsors.

The Illinois Chamber of Commerce and the Illinois Environmental Regulatory Group (IERG) applaud Governor Pritzker on the recent signing of legislation to improve the permitting process for businesses in Illinois.

HB 3017 amends the Business Assistance and Regulatory Reform Act by consolidating status updates from state agencies for covered projects in an accessible online portal. With such a portal, businesses seeking certain new and existing environmental permits for industrial projects can access a website to better understand the timeline and process for agency approval.

“This new law will expedite the outdated and lengthy permit issuance process in Illinois,” said State Senator Ram Villivalam (D-Chicago). “By increasing transparency for permit applicants and the public via an online dashboard there can be greater clarity on cases so unnecessary steps can be avoided. If we can streamline any process to make Illinoisans’ lives easier, then it’s a win for all.”

“HB 3017 places DCEO as the much-needed quarterback for permit issuance on large-scale projects in our state,” said Chief House Sponsor Lance Yednock (D-Ottawa). “I’ve been proud to work on this legislation over the past two years and look forward to the investment it will bring for Illinois and the increased opportunity it can bring for workers in our state.”

“I am proud to have co-sponsored legislation that will ultimately help businesses save time and money by cutting back on regulations and expediting the permitting process. Illinois sometimes finds itself at a competitive disadvantage with neighboring states when it comes to the permitting process. This new law will help level the playing field for our state and attract and keep businesses that employ hard-working Illinoisans,” said House Chief-Co Sponsor Dave Severin (R-Benton).

This law makes Illinois more competitive with regional states that already offer this tool. While each is unique in its design, permit-tracking dashboards are in place at the federal level as well in nearby states such as Wisconsin, Indiana, and Pennsylvania.

Kelly Thompson, Executive Director of IERG said the following. "This is a win-win for both permit applicants and the Agency tasked with issuing the permits. This allows the permit applicant to have timely and up-to-date permit application tracking information but 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."

“We appreciate the attentive work of the sponsors and the entire General Assembly for empowering DCEO to utilize information technology to streamline interagency coordination. We look forward to the implementation of this act.” Said Andrew Cunningham, Executive Director of the Illinois Chamber Infrastructure Council.

HB 3017, an initiative of the Illinois Chamber and IERG, passed the Illinois House and Senate unanimously.

Lockbox Amendment: Illinois Road and Transportation Builders Association v. County of Cook

Cook County Circuit Judge Alison Conlon has ruled that Cook County properly spent nearly $240 million in transportation funds in the Illinois Road and Transportation Builders Association v. County of Cook case. The case is centered around the Safe Roads Amendment to the Illinois Constitution which was approved by voters in 2016.

Last spring, the Illinois Supreme Court remanded the case back to the circuit court of Cook County after agreeing with the Road Builders that the Amendment contains no exemption on the use of funds from the local taxes at issue for home-rule units of government or for expenditures of transportation tax revenue pursuant to home rule authority. The Illinois Chamber filed an amicus brief in support of the plaintiffs in the appeal to the Supreme Court. 

From Judge Conlon's opinion:

As a threshold matter, the Court disagrees with Plaintiffs’ characterization of the County's spending...

...Turning to the plain language of the Amendment, this Court does not read the Amendments narrowly as Plaintiffs do. The Amendment covers “expenses related to... the enforcement of traffic.. laws...” IIL. Const, Art. IX, § 11(c). Part of the enforcement of traffic laws must necessarily include incarcerating certain inmates while traffic-related charges are pending. Incarceration generates many costs, including providing food, shelter, medical care, and clothing. Out of context, one might question how laundry is related to transportation. But in context, it is apparent that the costs of laundering a traffic inmate's uniform is part of the chain of public safety...

...Taking the Amendment as a whole, the Court concludes as a matter of law that the County's approach to allocating costs in its Fiscal Year 2023 budget complies with the Amendment.

We will keep you updated as this legal process continues. Read more here.

US Chamber: Unlocking the Social and Economic Benefits of Autonomous Vehicles

The US Chamber of Commerce recently released a report examining the potential social and economic benefits of autonomous vehicles (AVs).

Some of the Report's findings:

• Accident rates would fall sharply (compared with accident rates in 2021) if AVs represented 25 percent of U.S. motor vehicles. 
• Standard and Advanced AVs should markedly enhance mobility and access for elderly people and nondrivers, and Advanced AVs should also greatly enhance mobility for persons with disabilities. 
•  A 25% adoption of electric Advanced AVs should significantly reduce CO2 and NOx emissions, while also accounting for emissions associated with generating the electric power for AVs.
• In 2021, American motor vehicle and parts manufacturers and dealers directly employed 2,922,000 people. In addition, their suppliers employed 1,270,000 people creating the industry’s intermediate inputs, for a total 4,192,000 jobs. With the introduction of AVs, these employment numbers will increase.  

This spring in Illinois, numerous bills were introduced (see below) that would have greatly curtailed the potential of autonomous vehicle technology in our state. The Illinois Chamber made stopping those initiatives a major priority. It is our position that any necessary regulatory or legislative measures are more appropriate at a national level. 

• HB 1403 (Evans) Restricts AV Industry
• HB2053 (Kifowit) Prohibits the sale of most AVs

Read the full report here.

Governor Pritzker Announces Recipients of Megasites Investment Program

Yesterday, Governor Pritzker and DCEO announced the recipients of the Megasites Investment Program funded through Rebuild Illinois Capital Funds. Through the program, the state will leverage $23 million in grants to generate $144 million total investments in 9 projects across the state.

Megasites are large, developed sites ready for occupancy for manufacturers, distribution centers, industrial centers, and more. Investing in megasites develops underutilized areas and former industrial sites, while making the State more competitive for large-scale industrial investments.

Through the competitive grant opportunity, the State is awarding $23 million in project funds for a variety of site development expenses, including infrastructure expenses such as roads, water, sewer, and other utilities; site development expenses like rehabbing existing structures; remediation and cleanup; as well as land acquisition and related expenses.

The megasites program recipients were selected through a competitive Notice of Funding Opportunity (NOFO) that was open to private entities, non-profits, or local governments. Grants range from $1,250,000 to $5 million. In addition to the $23 million in megasites funding that was awarded, DCEO plans to deploy available funds for additional site development opportunities in the future.

View the list of recipients here.

Bills of Interest signed into Law:

The following bills of interest were recently signed into law.

HB 1131, Development Authorities signed into law. This bill Amends the Southwestern Illinois Development Authority Act. Adds Monroe County to the territory of the Southwestern Illinois Development Authority. Provides that the Chairman of the Authority shall be elected by the Board annually from the voting members (rather than elected from the members appointed by the county board chairmen). Allows the Authority to also enter into intergovernmental agreements with Bond, Clinton, and Monroe counties, in addition to other entities (currently, the only counties included are Madison and St. Clair counties). Adds Winnebago and Boone counties into the territory and jurisdiction of the Quad Cities Regional Economic Development Authority. Makes conforming changes, including adding Jo Daviess, Carroll, Whiteside, Stephenson, Lee, Knox, Winnebago, and Boone counties to a list of counties with which the Authority may enter into intergovernmental agreements. Amends the Tri-County River Valley Development Authority Law. Adds McLean County to the territorial jurisdiction of the Tri-County River Valley Development Authority. 

HB 1497, Car sharing-Support signed into law. This bill amends the Automobile Renting Occupation and Use Tax Act. Amends various definitions to exempt car-sharing from the tax imposed under the Act if tax due on the automobile under the Retailers' Occupation Tax Act or Use Tax Act was paid upon the purchase of the automobile or when the automobile was brought into Illinois. Provides that the taxes imposed under the Act do not apply to any amounts paid or received for peer-to-peer car sharing, as defined in the Car-Sharing Program Act, or the privilege of sharing a shared vehicle through a car-sharing program, as defined in the Car-Sharing Program Act, if the shared vehicle owner paid applicable taxes upon the purchase of the automobile. Defines "applicable taxes". Further amends the Illinois Vehicle Code. Provides that a person who rents a motor vehicle to another may hold the renter liable for physical or mechanical damage to the rented motor vehicle that occurs during the time the motor vehicle is under the rental agreement. Creates limits on liability due to theft based on the MSRP of the stolen vehicle. Provides that, beginning on the effective date and for 6 months after, a person who rents a motor vehicle to another shall provide notice to the renter of the motor vehicle of the changes reflected in the amendatory Act. Requires the notice to be posted in a conspicuous and unobscured place that is separate and apart from any other information. 

SB 2192, Procurement Bid Notice passed the House 109-0-0. 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 agency shall detail, in writing, why the 4 bids were not awarded to the bidder. Provides that the agency shall submit by certified copy to the bidder the reasoning for the rejection of the bid within the same quarter in which the 4th bid was rejected. Provides that the provisions of the introduced bill only apply to the Department of Transportation, the Capital Development Board, and the Illinois State Toll Highway Authority.

Rulemaking

There was rulemaking of note for this Council in the August 18th edition of the Illinois Register.

The Secretary of State proposed amendments to Issuance of Licenses (92 IAC 1030; 47 Ill Reg 12360) and Commercial Driver Training Schools (92 IAC 1060; 47 Ill Reg 12372) concerning road testing administered by commercial driver training schools.

The Part 1030 rulemaking makes permanent a pilot program allowing teen-accredited commercial driver training schools (instead of SOS facilities) to administer road tests to high school students who have completed driver education courses and also allows these schools to administer road tests to individuals under 18 who have dropped out of high school but meet Illinois Vehicle Code requirements for obtaining a driver’s license. A minimum score of 80% is required on the commercial driver training school test, and the facility is no longer required to complete a form exempting the individual from a facility-administered road test when applying for a license at an SOS facility. Amendments to Part 1060 establish requirements that commercial driving schools and their instructors must meet in order to become certified to administer these road tests. Instructors must have at least 2 years experience in behind the wheel instruction to teens and must administer at least 25 road tests per year; an instructor who does not meet the 25-test minimum must take a refresher course to maintain certification. Requirements for driving test routes, test procedures, vehicles, recordkeeping, and reporting are also included. Commercial driving schools are affected by these rulemakings.

The Secretary of State has withdrawn proposed amendments to Issuance of Licenses (92 IAC 1030; 47 Ill Reg 11772) that were published in the 8/4/23 Illinois Register. These amendments would have extended the maximum term of a seasonal Commercial Driver’s License (CDL) to 210 days. SOS is withdrawing the rule because legislation authorizing the extended seasonal CDL term must be enacted first.

Session Update

The General Assembly adjourned in the early morning of Saturday, May 27th. Per SJR 42, the House and Senate have adjourned until the call of the Speaker and the Senate President.

The 2023 fall veto session has been announced for October 24th-26th and November 7th-9th. View the calendar here.

Annual Meeting and Reception Sponsorship

The Illinois Chamber is now seeking sponsors for our 2023 annual luncheon! The 2023 annual luncheon and pre-event reception will be held on September 28 at the Doubletree Hotel in Oak Brook. We are seeking sponsors for the reception preceding the event as well as the meeting itself.

Please see the attached document for reception sponsorship information as well as a tentative agenda. The annual meeting is our biggest event of the year and I look forward to seeing you all there.

Please reach out to me for further sponsorship details at acunningham@ilchamber.org

Illinois Sales Tax: Exemptions and Incentives Webinar

Date/Time: August 31, 2023 | 1:30 pm – 2:30 pm

Description: We will provide practical advice for claiming and documenting sales tax exemptions; including a discussion of exemptions and documentation requirements for sellers and purchasers. Plan to join Keith Staats, Executive Director of Illinois Chamber's Tax Institute for this presentation!



Registration Link: https://ilchamber.org/Event/49314/Illinois-Sales-Tax-Exemptions-and-Incentives/event-details/

Articles of Interest  

Race to Control Electric-Vehicle Supply Chains Leads to Africa

Why Can’t U.S. Ports Get Automated?

The Panama Canal Has Become a Traffic Jam of the Seas

Pritzker vetoes bill that would have allowed new nuclear construction

Gov. Pritzker Vetoes Legislation (HB 3445)

Not a member and want to learn more about the Illinois Chamber - click here to contact Danielle Blake. Click here to contact Jack Bernhardt.