IL
Illinois House Bill HB2726

Illinois 2023-2024 Regular Session

Illinois House Bill HB2726 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2726 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: 210 ILCS 9/23 new30 ILCS 105/5.990 new Amends the Assisted Living and Shared Housing Act. Provides that, before commencing construction of a new establishment or an alteration or addition to an existing establishment, the owner or operator of the establishment shall submit architectural drawings and specifications for the construction, alteration, or addition to the Department of Public Health for review and approval. Contains requirements for submissions, review of submissions, and notice provided under the provisions. Provides fees based upon the estimated dollar value of constructions, alterations, or additions. Creates the Health Establishment Plan Review Fund and makes a conforming change in the State Finance Act. Requires fees collected under the provisions to be deposited into the Fund and used by the Department only to pay the costs of conducting reviews under the provisions. Contains other provisions. LRB103 30882 CPF 57410 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2726 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: 210 ILCS 9/23 new30 ILCS 105/5.990 new 210 ILCS 9/23 new 30 ILCS 105/5.990 new Amends the Assisted Living and Shared Housing Act. Provides that, before commencing construction of a new establishment or an alteration or addition to an existing establishment, the owner or operator of the establishment shall submit architectural drawings and specifications for the construction, alteration, or addition to the Department of Public Health for review and approval. Contains requirements for submissions, review of submissions, and notice provided under the provisions. Provides fees based upon the estimated dollar value of constructions, alterations, or additions. Creates the Health Establishment Plan Review Fund and makes a conforming change in the State Finance Act. Requires fees collected under the provisions to be deposited into the Fund and used by the Department only to pay the costs of conducting reviews under the provisions. Contains other provisions. LRB103 30882 CPF 57410 b LRB103 30882 CPF 57410 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2726 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
33 210 ILCS 9/23 new30 ILCS 105/5.990 new 210 ILCS 9/23 new 30 ILCS 105/5.990 new
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66 Amends the Assisted Living and Shared Housing Act. Provides that, before commencing construction of a new establishment or an alteration or addition to an existing establishment, the owner or operator of the establishment shall submit architectural drawings and specifications for the construction, alteration, or addition to the Department of Public Health for review and approval. Contains requirements for submissions, review of submissions, and notice provided under the provisions. Provides fees based upon the estimated dollar value of constructions, alterations, or additions. Creates the Health Establishment Plan Review Fund and makes a conforming change in the State Finance Act. Requires fees collected under the provisions to be deposited into the Fund and used by the Department only to pay the costs of conducting reviews under the provisions. Contains other provisions.
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1212 1 AN ACT concerning regulation.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Assisted Living and Shared Housing Act is
1616 5 amended by adding Section 23 as follows:
1717 6 (210 ILCS 9/23 new)
1818 7 Sec. 23. Establishment construction; Department review;
1919 8 fees.
2020 9 (a) Before commencing construction of a new establishment
2121 10 or an alteration or addition to an existing establishment, the
2222 11 owner or operator of the establishment shall submit
2323 12 architectural drawings and specifications for the
2424 13 construction, alteration, or addition to the Department for
2525 14 review and approval.
2626 15 The Department shall provide criteria by rule for
2727 16 determining whether a construction, alteration, or addition is
2828 17 subject to the submission requirements of this Section. The
2929 18 Department shall not review a submission under this Section
3030 19 until the required fee, if any, has been paid.
3131 20 An establishment may voluntarily submit architectural
3232 21 drawings and specifications for a construction, alteration, or
3333 22 addition for Department review and approval under subsection
3434 23 (b) without being charged a fee under subsection (c).
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2726 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
3939 210 ILCS 9/23 new30 ILCS 105/5.990 new 210 ILCS 9/23 new 30 ILCS 105/5.990 new
4040 210 ILCS 9/23 new
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4242 Amends the Assisted Living and Shared Housing Act. Provides that, before commencing construction of a new establishment or an alteration or addition to an existing establishment, the owner or operator of the establishment shall submit architectural drawings and specifications for the construction, alteration, or addition to the Department of Public Health for review and approval. Contains requirements for submissions, review of submissions, and notice provided under the provisions. Provides fees based upon the estimated dollar value of constructions, alterations, or additions. Creates the Health Establishment Plan Review Fund and makes a conforming change in the State Finance Act. Requires fees collected under the provisions to be deposited into the Fund and used by the Department only to pay the costs of conducting reviews under the provisions. Contains other provisions.
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7171 1 Review of architectural drawings and specifications shall
7272 2 be conducted by (i) a Department employee who meets the
7373 3 qualifications for that employee's class specification
7474 4 according to requirements of the Department of Central
7575 5 Management Services or by (ii) a person under contract with
7676 6 the Department who meets the same qualifications described
7777 7 under (i). Final approval of the architectural drawings and
7878 8 specifications shall be obtained from the Department before
7979 9 the construction, alteration, or addition begins.
8080 10 (b) Regardless of whether the submission is complete or
8181 11 incomplete, the Department shall inform the owner or operator
8282 12 of an establishment submitting architectural drawings and
8383 13 specifications under subsection (a) in writing within 10
8484 14 working days after receiving the architectural drawings and
8585 15 specifications and the required fee, if any.
8686 16 If the submission is incomplete, the Department shall
8787 17 inform the owner or operator of each deficiency of the
8888 18 submission in writing. If the Department fails to provide the
8989 19 owner or operator with the notice within 10 working days, the
9090 20 submission shall be deemed complete for purposes of initiating
9191 21 the 60-calendar-day review period required under this
9292 22 subsection.
9393 23 If the submission is complete and the required fee, if
9494 24 any, has been paid, the Department shall approve or disapprove
9595 25 the architectural drawings and specifications no later than 60
9696 26 calendar days after being received by the Department.
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107107 1 The drawings and specifications shall be of sufficient
108108 2 detail, as determined by the Department by rule, to enable the
109109 3 Department to render a determination of compliance with design
110110 4 and construction standards under this Act. If the Department
111111 5 finds that the architectural drawings and specifications are
112112 6 not of sufficient detail to render a determination of
113113 7 compliance, the submission shall be deemed incomplete and
114114 8 shall not be considered for purposes of initiating the
115115 9 60-calendar-day review period, but the applicant may submit
116116 10 additional information to supplement the submission. The
117117 11 60-calendar-day review period shall not commence until the
118118 12 Department determines that the submission is complete or if
119119 13 the submission is deemed complete. If the Department has not
120120 14 approved or disapproved the drawings and specifications within
121121 15 the 60-calendar-day review period, the construction,
122122 16 alteration, or addition shall be deemed approved. If the
123123 17 submission is disapproved, the Department shall state in
124124 18 writing, with specificity, the reasons for the disapproval and
125125 19 the owner or operator may submit additional information in
126126 20 response or request a reconsideration of the disapproval. A
127127 21 final decision of approval or disapproval shall be made by the
128128 22 Department within 45 calendar days after receiving the
129129 23 additional information or request for reconsideration. If
130130 24 denied, the Department shall state the specific reasons for
131131 25 the denial.
132132 26 (c) Unless changed by the Department by rule under
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143143 1 subsection (e), the Department shall charge the following fees
144144 2 for reviews conducted under this Section:
145145 3 (1) If the estimated dollar value of the construction,
146146 4 alteration, or addition is less than $50,000, no fee is
147147 5 required.
148148 6 (2) If the estimated dollar value of the construction,
149149 7 alteration, or addition is $50,000 or more but less than
150150 8 $500,000, the fee shall be the greater of $4,000 or 2.0% of
151151 9 the estimated dollar value.
152152 10 (3) If the estimated dollar value of the construction,
153153 11 alteration, or addition is $500,000 or more but less than
154154 12 $1,000,000, the fee shall be the greater of $10,000 or
155155 13 1.5% of the estimated dollar value.
156156 14 (4) If the estimated dollar value of the construction,
157157 15 alteration, or addition is $1,000,000 or more but less
158158 16 than $5,000,000, the fee shall be the greater of $13,000
159159 17 or 0.35% of the estimated dollar value.
160160 18 (5) If the estimated dollar value of the construction,
161161 19 alteration, or addition is $5,000,000 or more, the fee
162162 20 shall be the greater of $15,000 or 0.175% of the estimated
163163 21 dollar value, but shall not exceed $35,000.
164164 22 The fees provided in this subsection shall not apply to an
165165 23 establishment's construction, alteration, or addition if it
166166 24 involves changes to the establishment that are required by the
167167 25 Department by rule.
168168 26 (d) The Health Establishment Plan Review Fund is
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179179 1 established as a special fund in the State treasury. All fees
180180 2 received by the Department under this Section shall be
181181 3 deposited into the Fund. Moneys shall be appropriated from the
182182 4 Fund to the Department only to pay the costs of conducting
183183 5 reviews under this Section. No moneys in the Fund shall be used
184184 6 to reduce the amount of moneys appropriated from the General
185185 7 Revenue Fund to the Department for reviews conducted under
186186 8 this Section.
187187 9 (e) The Department shall review the fee structure under
188188 10 subsection (c) 3 years after the effective date of this
189189 11 amendatory Act of the 103rd General Assembly and every 5 years
190190 12 thereafter and shall, by rule, increase or decrease fee
191191 13 amounts as the Department determines to be necessary for the
192192 14 Department to maintain the its ability to review submissions
193193 15 under this Section.
194194 16 (f) The Department shall conduct an on-site inspection of
195195 17 a completed construction, alteration, or addition no later
196196 18 than 30 working days after notification from the owner or
197197 19 operator of the establishment that the construction,
198198 20 alteration, or addition has been completed and all
199199 21 certifications required by the Department have been received
200200 22 and accepted. The establishment shall not be occupied until
201201 23 the Department provides written approval for occupancy to the
202202 24 owner or operator within 5 working days after the Department's
203203 25 final inspection, provided that the owner or operator has
204204 26 substantially complied with this Section as determined by the
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215215 1 Department by rule. However, if the Department has not
216216 2 conducted the on-site inspection within the 30-day period or
217217 3 provided the written approval within 5 days thereafter, the
218218 4 construction, alteration, or addition shall be deemed
219219 5 approved, the establishment may be occupied, and the
220220 6 establishment's license shall be issued after the
221221 7 establishment passes an on-site health inspection by the
222222 8 Department.
223223 9 (g) The Department shall establish a procedure, by rule,
224224 10 to conduct voluntary interim on-site review of construction,
225225 11 alteration, or addition projects for a fee of $3,000 per
226226 12 interim on-site review.
227227 13 (h) The Department shall establish, by rule, an expedited
228228 14 process for emergency repairs or replacement of like
229229 15 equipment.
230230 16 (i) Nothing in this Section shall be construed to apply to
231231 17 emergency repair, maintenance, upkeep, or renovation that does
232232 18 not affect the structural integrity of an establishment, does
233233 19 not add units or services so as to be greater than the number
234234 20 for which the establishment is licensed, and provides a
235235 21 reasonable degree of safety for the establishment's residents.
236236 22 Section 10. The State Finance Act is amended by adding
237237 23 Section 5.990 as follows:
238238 24 (30 ILCS 105/5.990 new)
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249249 1 Sec. 5.990. The Health Establishment Plan Review Fund.
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