104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1236 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 20 ILCS 608/520 ILCS 608/720 ILCS 608/1020 ILCS 608/1520 ILCS 608/25 new20 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. LRB104 03706 HLH 18467 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1236 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 20 ILCS 608/520 ILCS 608/720 ILCS 608/1020 ILCS 608/1520 ILCS 608/25 new20 ILCS 608/30 new 20 ILCS 608/5 20 ILCS 608/7 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. LRB104 03706 HLH 18467 b LRB104 03706 HLH 18467 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1236 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
20 ILCS 608/520 ILCS 608/720 ILCS 608/1020 ILCS 608/1520 ILCS 608/25 new20 ILCS 608/30 new 20 ILCS 608/5 20 ILCS 608/7 20 ILCS 608/10 20 ILCS 608/15 20 ILCS 608/25 new 20 ILCS 608/30 new
20 ILCS 608/5
20 ILCS 608/7
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.
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A BILL FOR
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SB1236 LRB104 03706 HLH 18467 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Business Assistance and Regulatory Reform
5 Act is amended by changing Sections 5, 7, 10, and 15 and by
6 adding Sections 25 and 30 as follows:
7 (20 ILCS 608/5)
8 Sec. 5. Goal. The goal of this Act is to improve the
9 State's business climate by making it easier for businesses to
10 deal with State requirements for doing business. This Subject
11 to appropriation, this goal will be achieved through providing
12 prompt, accurate information about existing requirements,
13 avoiding unnecessary requirements, expediting permit issuance,
14 and increasing the transparency and accessibility of
15 permitting processes by consolidating status updates from
16 State agencies regarding the issuance of permits for covered
17 projects.
18 (Source: P.A. 103-538, eff. 1-1-24.)
19 (20 ILCS 608/7)
20 Sec. 7. Definitions. Covered project. As used in this
21 Act: ,
22 "Authorization" means any license, permit, approval,
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1236 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
20 ILCS 608/520 ILCS 608/720 ILCS 608/1020 ILCS 608/1520 ILCS 608/25 new20 ILCS 608/30 new 20 ILCS 608/5 20 ILCS 608/7 20 ILCS 608/10 20 ILCS 608/15 20 ILCS 608/25 new 20 ILCS 608/30 new
20 ILCS 608/5
20 ILCS 608/7
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.
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A BILL FOR
20 ILCS 608/5
20 ILCS 608/7
20 ILCS 608/10
20 ILCS 608/15
20 ILCS 608/25 new
20 ILCS 608/30 new
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1 finding, determination, or other administrative decision that
2 is issued by a State agency and any interagency consultation
3 that is required or authorized under State law in order to
4 site, construct, reconstruct, or commence operations of a
5 covered project administered by a State agency or, in the case
6 of a unit of local government that chooses to participate in
7 the environmental review and authorization process in
8 accordance with subparagraph (A) of paragraph (3) of
9 subsection (c) of Section 30, a local permitting authority.
10 "Committee" means the Interagency Permitting Advisory
11 Committee established under Section 25.
12 "Covered project" means any activity in Illinois that
13 involves construction of infrastructure for renewable or
14 conventional energy production, electricity transmission,
15 surface transportation, aviation, ports and waterways, water
16 resource projects, broadband, pipelines, or manufacturing and
17 that requires authorization or environmental review by a State
18 agency, is subject to permitting requirements pursuant to the
19 Environmental Protection Act, and is likely to require a total
20 investment of more than $20,000,000.
21 "Project sponsor" means an entity, including any private
22 entity, public entity, or public-private entity, seeking an
23 authorization for a covered project.
24 "covered project" means any project in Illinois that: (1)
25 involves the construction of infrastructure for renewable or
26 conventional energy production, electricity transmission,
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1 surface transportation, aviation, ports and waterways, water
2 resource development, broadband, pipelines, or manufacturing;
3 (2) requires authorization or environmental review by a State
4 agency; (3) is likely to require a total future investment of
5 more than $20,000,000; and (4) is the subject of a petition for
6 recognition as a covered project that has been approved by the
7 Department.
8 (Source: P.A. 103-538, eff. 1-1-24.)
9 (20 ILCS 608/10)
10 Sec. 10. Executive Office. There is created an Office of
11 Business Permits and Regulatory Assistance (hereinafter
12 referred to as "office") within the Department of Commerce and
13 Community Affairs (now Department of Commerce and Economic
14 Opportunity) which shall: (i) provide assistance to businesses
15 in meeting State requirements for doing business, (ii)
16 consolidate existing programs throughout State government, and
17 (iii) perform other functions specified in this Act. The
18 office shall implement reforms to improve interagency
19 coordination that allow for expeditious permitting issuance.
20 The office shall use information technology tools to track
21 project schedules and metrics in order to improve transparency
22 and accountability in the permitting process, reduce
23 uncertainty and delays, and reduce costs and risks to
24 taxpayers. The office shall use information technology tools
25 to track schedules for covered projects and metrics in order
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1 to improve transparency and accountability in the permitting
2 process, reduce uncertainty and delays, and reduce costs and
3 risks to taxpayers. The office shall carry out the provisions
4 of this Act, subject to funding through appropriation.
5 (Source: P.A. 103-538, eff. 1-1-24.)
6 (20 ILCS 608/15)
7 Sec. 15. Providing Information and Expediting Permit
8 Reviews.
9 (a) The office shall provide an online information system
10 using a website advertised throughout the State. Interested
11 businesses shall be sent, electronically, a basic business
12 kit, describing the basic requirements and procedures for
13 doing business in Illinois.
14 (b) (Blank).
15 (c) Any applicant for permits required for a business
16 activity may confer with the office to obtain assistance in
17 the prompt and efficient processing and review of
18 applications. The office shall, subject to appropriation,
19 designate an employee of the office to act as a permit
20 assistance manager to:
21 (1) facilitate contacts for the applicant with
22 responsible agencies;
23 (2) arrange conferences to clarify the requirements of
24 interested agencies;
25 (3) consider with State agencies the feasibility of
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1 consolidating hearings and data required of the applicant;
2 (4) assist the applicant in resolution of outstanding
3 issues identified by State agencies; and
4 (5) coordinate federal, State and local regulatory
5 procedures and permit review actions to the extent
6 possible.
7 (d) The office shall publish an online directory of State
8 business permits and State programs to assist businesses.
9 (e) The office shall attempt to establish agreements with
10 local governments to allow the office to provide assistance to
11 applicants for permits required by these local governments.
12 (f) (Blank).
13 (g) In addition to its responsibilities in connection with
14 permit assistance, the office shall provide general regulatory
15 information by directing businesses to appropriate officers in
16 State agencies to supply the information requested.
17 (h) The office shall help businesses to locate and apply
18 to training programs available to train current employees in
19 particular skills, techniques or areas of knowledge relevant
20 to the employees' present or anticipated job duties. In
21 pursuit of this objective, the office shall provide businesses
22 with pertinent information about training programs offered by
23 State agencies, units of local government, public universities
24 and colleges, community colleges, and school districts in
25 Illinois.
26 (i) The office shall help businesses to locate and apply
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1 to State programs offering to businesses grants, loans, loan
2 or bond guarantees, investment partnerships, technology or
3 productivity consultation, or other forms of business
4 assistance.
5 (j) To the extent authorized by federal law, the office
6 shall assist businesses in ascertaining and complying with the
7 requirements of the federal Americans with Disabilities Act.
8 (k) The office shall provide confidential on-site
9 assistance in identifying problems and solutions in compliance
10 with requirements of State and federal environmental
11 regulations. The office shall work through and contract with
12 the Illinois Sustainable Technology Center to provide
13 confidential on-site consultation audits that (i) assist
14 regulatory compliance and (ii) identify pollution prevention
15 opportunities.
16 (k-5) Until July 1, 2012, the office shall provide
17 confidential on-site assistance, including, but not limited
18 to, consultation audits, to identify problems and solutions
19 regarding compliance with the requirements of the federal
20 Occupational Safety and Health Administration. On and after
21 July 1, 2012, the Department of Labor shall provide
22 confidential on-site assistance, including, but not limited
23 to, consultation audits, to identify problems and solutions
24 regarding compliance with the requirements of the federal
25 Occupational Safety and Health Administration.
26 (l) The office shall provide information on existing loan
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1 and business assistance programs provided by the State.
2 (m) Each State agency having jurisdiction to approve or
3 deny a permit shall have the continuing power heretofore or
4 hereafter vested in it to make such determinations. The
5 provisions of this Act shall not lessen or reduce such powers
6 and shall modify the procedures followed in carrying out such
7 powers only to the extent provided in this Act.
8 (n) (1) Each State agency shall, subject to appropriation,
9 fully cooperate with the office in providing information,
10 documentation, personnel or facilities requested by the
11 office.
12 (2) Each State agency shall annually provide the office
13 with processes and timelines for all permits.
14 (o) (1) The office shall, subject to appropriation,
15 identify, develop, and track metrics for the timeline of
16 permit reviews, permit decisions, and project outcomes for
17 covered projects.
18 The office shall, subject to appropriation, administer and
19 expand the use of online transparency tools providing:
20 (i) tracking and reporting metrics;
21 (ii) development and posting of regulatory timelines
22 for permit reviews and permit decisions; those timelines
23 shall be provided to the office by each State agency
24 having jurisdiction over permits;
25 (iii) the sharing of best practices relating to
26 efficient project permitting and reviews; those best
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1 practices shall be provided to the office by each State
2 agency having jurisdiction over permits; and
3 (iv) a visual display of relevant geospatial data to
4 support the permitting process.
5 (2) The office shall may conduct or cause to be conducted a
6 thorough review of any agency's permit requirements and the
7 need by the State to require such permits. The office shall
8 draw on the review, on its direct experience, and on its
9 statistical analyses to prepare recommendations regarding how
10 to:
11 (i) eliminate unnecessary or antiquated permit
12 requirements;
13 (ii) consolidate duplicative or overlapping permit
14 requirements;
15 (iii) simplify overly complex or lengthy application
16 procedures;
17 (iv) expedite time-consuming agency review and
18 approval procedures; or
19 (v) otherwise improve the permitting processes in the
20 State.
21 The office shall submit copies of all recommendations
22 within 5 days of issuance to the affected agency, the
23 Governor, the General Assembly, and the Joint Committee on
24 Administrative Rules.
25 (p) The office shall may review State forms to ascertain
26 the burden, if any, of complying with those forms. If the
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1 office determines that a form is unduly burdensome to
2 business, it may recommend to the agency issuing the form
3 either that the form be eliminated or that specific changes be
4 made in the form.
5 (q) Not later than March 1 of each year, beginning March 1,
6 1995, the office shall submit an annual report of its
7 activities during the preceding year to the Governor and
8 General Assembly. The report shall describe the activities of
9 the office during the preceding year and shall contain
10 statistical information on the permit assistance activities of
11 the office.
12 (r) (Blank). All provisions of this Section are subject to
13 adequate appropriation for the purpose of carrying out
14 provisions of this Section.
15 (Source: P.A. 103-538, eff. 1-1-24.)
16 (20 ILCS 608/25 new)
17 Sec. 25. Interagency Permitting Advisory Committee.
18 (a) The Director of each permitting agency shall designate
19 a representative of the agency to serve on the committee and
20 represent the agency as the agency chief environmental review
21 and permitting officer as required by this Act.
22 (b) In addition, the following officials, or their
23 designees, shall serve as ex officio members of the committee:
24 (1) the head of the Office of Business Permits and
25 Regulatory Assistance;
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1 (2) the Director of the Environmental Protection
2 Agency;
3 (3) the Secretary of Transportation;
4 (4) the Director of Natural Resources;
5 (5) the Chairman of the Illinois Commerce Commission;
6 (6) the State Fire Marshal; and
7 (7) the Director of Public Health.
8 (20 ILCS 608/30 new)
9 Sec. 30. Permitting process improvement.
10 (a) Project initiation and designation of participating
11 agencies.
12 (1) Notice.
13 (A) A project sponsor of a covered project shall
14 submit to the office notice of the initiation of a
15 proposed covered project.
16 (B) Each notice described in subparagraph (A)
17 shall include:
18 (i) a statement of the purposes and objectives
19 of the proposed project;
20 (ii) a concise description, including the
21 general location of the proposed project and a
22 summary of geospatial information, if available,
23 illustrating the project area and the locations,
24 if any, of environmental, cultural, and historic
25 resources;
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1 (iii) a statement regarding the technical and
2 financial ability of the project sponsor to
3 construct the proposed project;
4 (iv) a statement of any financing and
5 authorizations anticipated to be required to
6 complete the proposed project; and
7 (v) an assessment that the proposed project
8 meets the definition of a covered project under
9 Section 7 and a statement of reasons supporting
10 the assessment.
11 (2) Invitation.
12 (A) Not later than 21 calendar days after the date
13 on which the office makes a specific entry for the
14 project on the Permitting Dashboard under paragraph
15 (1) of subsection (b), the office, with input from the
16 agency chief environmental review and permitting
17 officer, shall:
18 (i) identify agencies and governmental
19 entities likely to have financing, environmental
20 review, authorization, or other responsibilities
21 with respect to the proposed project; and
22 (ii) invite all agencies identified under
23 clause (i) to become a cooperating agency, in the
24 environmental review and authorization management
25 process described in this Section.
26 (B) Each invitation made under subparagraph (A)
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1 shall include a 14-calendar-day deadline for a
2 response to be submitted to the office.
3 (3) Cooperating agencies.
4 (A) An agency invited under paragraph (2) shall be
5 designated as a cooperating agency for a covered
6 project, unless the agency informs the office in
7 writing before the deadline under subparagraph (B) of
8 paragraph (2) that the agency:
9 (i) has no jurisdiction or authority with
10 respect to the proposed project; or
11 (ii) does not intend to exercise authority
12 related to, or submit comments on, the proposed
13 project.
14 (B) On request and a showing of changed
15 circumstances, the office may designate an agency that
16 has opted out under subparagraph (A)(ii) of this
17 paragraph (3) of being a cooperating agency.
18 (4) The designation described in paragraph (3) shall
19 not:
20 (A) give the cooperating agency authority or
21 jurisdiction over the covered project; or
22 (B) expand any jurisdiction or authority a
23 cooperating agency may have over the proposed project.
24 (b) Permitting Dashboard.
25 (1) Requirement to maintain.
26 (A) The office, in coordination with the
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1 Department of Innovation and Technology, shall
2 maintain an online database to be known as the
3 "Permitting Dashboard" to track the status of
4 environmental reviews and authorizations for any
5 covered project.
6 (B) If the office determines that the project is
7 not a covered project, the project sponsor may submit
8 a further explanation as to why the project is a
9 covered project not later than 14 days after the date
10 of being notified of the determination.
11 (C) Not later than 14 days after receiving an
12 explanation described in subparagraph (B), the office
13 shall:
14 (i) make a final and conclusive determination
15 as to whether the project is a covered project;
16 and
17 (ii) if the office determines that the project
18 is a covered project, create a specific entry on
19 the Permitting Dashboard for the covered project.
20 (2) Postings by agencies.
21 (A) For each covered project added to the
22 Permitting Dashboard under paragraph (1), the office
23 and each cooperating agency shall post to the
24 Permitting Dashboard:
25 (i) a hyperlink that directs to a website that
26 contains, to the extent consistent with applicable
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1 law:
2 (I) the notification submitted under
3 paragraph (1) of subsection (a);
4 (II) where practicable, the applications
5 and supporting documents that have been
6 submitted by a project sponsor for any
7 required environmental review or authorization
8 or a notice explaining how the public may
9 obtain access to such documents;
10 (III) a description of any agency action
11 taken or decision made that materially affects
12 the status of a covered project;
13 (IV) any significant document that
14 supports the action or decision described in
15 subclause (III); and
16 (V) a description of the status of any
17 litigation to which the agency is a party that
18 is directly related to the project, including,
19 if practicable, any judicial document made
20 available on an electronic docket maintained
21 by a federal, State, or local court; and
22 (ii) any document described in clause (i) that
23 is not available by hyperlink on another website.
24 (B) The information described in subparagraph (A)
25 shall be posted to the website made available by
26 hyperlink on the Permitting Dashboard not later than 5
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1 business days after the date on which the agency
2 receives the information.
3 (3) Postings by the office. The office shall publish
4 to the Permitting Dashboard:
5 (A) the permitting timetable established under
6 paragraph (2) of subsection (c);
7 (B) the status of the compliance of each agency
8 with the permitting timetable;
9 (C) any modifications of the permitting timetable;
10 (D) an explanation of each modification described
11 in subparagraph (C); and
12 (E) any memorandum of understanding established
13 under subparagraph (C) of paragraph (3) of subsection
14 (c).
15 (c) Coordination and timetables.
16 (1) Coordinated project plan.
17 (A) Not later than 60 days after the date on which
18 it makes a specific entry for the project on the
19 Permitting Dashboard, the office, in consultation with
20 each agency chief environmental review and permitting
21 officer, shall establish a concise plan for
22 coordinating public and agency participation in, and
23 completion of, any required environmental review and
24 authorization for the project.
25 (B) The coordinated project plan shall include the
26 following information and be updated by the office, as
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1 applicable, at least once per quarter:
2 (i) A list of all entities with environmental
3 review or authorization responsibility for the
4 project and their roles and responsibilities.
5 (ii) A permitting timetable, as described in
6 paragraph (2), setting forth a comprehensive
7 schedule of dates by which all environmental
8 reviews and authorizations and, to the maximum
9 extent practicable, other jurisdictions' permits,
10 reviews, and approvals must be made.
11 (iii) A discussion of potential avoidance,
12 minimization, and mitigation strategies, if
13 required by applicable law and known.
14 (iv) Plans and a schedule for public outreach
15 and coordination, to the extent required by
16 applicable law.
17 (C) The coordinated project plan described in
18 subparagraph (A) may be incorporated into a memorandum
19 of understanding.
20 (2) Permitting timetable.
21 (A) As part of the coordination project plan under
22 paragraph (1), the office, in consultation with each
23 agency chief environmental review and permitting
24 officer, the project sponsor, and any unit of local
25 government in which the project is located, and,
26 subject to subparagraph (C), with the concurrence of
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1 each cooperating agency, shall establish a permitting
2 timetable that includes intermediate and final
3 completion dates for action by each cooperating agency
4 on any environmental review or authorization required
5 for the project. The final completion dates shall be
6 based on relevant historical data but with the aim of
7 completing all required authorizations within 2 years.
8 (B) In establishing the permitting timetable under
9 subparagraph (A), the office may vary the timetable
10 based on relevant factors including:
11 (i) the size and complexity of the covered
12 project;
13 (ii) the resources available to each
14 participating agency;
15 (iii) the regional or national economic
16 significance of the project;
17 (iv) the sensitivity of the natural or
18 historic resources that may be affected by the
19 project;
20 (v) the financing plan for the project; and
21 (vi) the extent to which similar projects in
22 geographic proximity to the project were recently
23 subject to environmental review or similar
24 procedures under State law.
25 (C) Dispute resolution.
26 (i) The office, in consultation with
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1 appropriate agency chief environmental review and
2 permitting officers and the project sponsor,
3 shall, as necessary, mediate any disputes
4 regarding the permitting timetable referred to
5 under subparagraph (A).
6 (ii) If a dispute remains unresolved 30 days
7 after the date on which the dispute was submitted
8 to the office, the Director of the Governor's
9 Office of Management and Budget shall facilitate a
10 resolution of the dispute and direct the agencies
11 that are parties to the dispute to resolve the
12 dispute by the end of the 60-day period beginning
13 on the date of submission of the dispute to the
14 office.
15 (iii) Any action taken by the Director of the
16 Governor's Office of Management and Budget in the
17 resolution of a dispute under clause (ii) shall:
18 (I) be final and conclusive; and
19 (II) not be subject to judicial review.
20 (D) Modification after approval.
21 (i) The office may modify a permitting
22 timetable established under subparagraph (A) only
23 if:
24 (I) the affected cooperating agencies,
25 after consultation with the project sponsor,
26 agree to a different completion date;
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1 (II) the affected cooperating agency
2 provides a written justification for the
3 modification; and
4 (III) in the case of a modification that
5 would necessitate an extension of a final
6 completion date under a permitting timetable
7 established under subparagraph (A) to a date
8 more than 30 days after the final completion
9 date originally established under subparagraph
10 (A), the office shall consult with the project
11 sponsor and make a determination on the
12 record, based on consideration of the relevant
13 factors described under subparagraph (B),
14 whether to make such modification.
15 (ii) A completion date in the permitting
16 timetable may not be modified within 30 days after
17 the completion date.
18 (iii) Limitation on length of modifications.
19 (I) Except as provided in subclause (II),
20 the total length of all modifications to a
21 permitting timetable authorized or made under
22 this subparagraph (D), other than for reasons
23 outside the control of federal, State, local,
24 or tribal governments, may not extend the
25 permitting timetable for a period of time
26 greater than half of the amount of time from
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1 the establishment of the permitting timetable
2 under subparagraph (A) to the last final
3 completion date originally established under
4 subparagraph (A).
5 (II) The Director of the Governor's Office
6 of Management and Budget, after consultation
7 with the project sponsor, may permit the
8 office to authorize additional extensions of a
9 permitting timetable beyond the limit
10 prescribed by subclause (I). In such a case,
11 the Director of the Governor's Office of
12 Management and Budget shall transmit, not
13 later than 5 days after making a determination
14 to permit an authorization of extension under
15 this subclause (II), a report to the General
16 Assembly explaining why such modification is
17 required. Such report shall explain to the
18 General Assembly with specificity why the
19 original permitting timetable and the
20 modifications authorized by the office failed
21 to be adequate. The office shall transmit to
22 the Director of the Governor's Office of
23 Management and Budget, a supplemental report
24 on progress toward the final completion date
25 each year thereafter, until the permit review
26 is completed or the project sponsor withdraws
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1 its notice or application or other request to
2 which this Section applies.
3 (iv) The following shall not be subject to
4 judicial review:
5 (I) A determination by the office under
6 subclause (III) of clause (i).
7 (II) A determination under subclause (II)
8 of clause (iii) by the Director of the
9 Governor's Office of Management and Budget to
10 permit the office to authorize extensions of a
11 permitting timetable.
12 (E) A permitting timetable established under
13 subparagraph (A) shall be consistent with any other
14 relevant time period established under law and shall
15 not prevent any cooperating agency from discharging
16 any obligation under law in connection with the
17 project.
18 (F) Conforming to permitting timetables.
19 (i) Each agency shall conform to the
20 completion dates set forth in the permitting
21 timetable established under subparagraph (A), or
22 with any completion date modified under
23 subparagraph (D).
24 (ii) If an agency fails to conform with a
25 completion date for agency action on a covered
26 project or is at significant risk of failing to
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1 conform with such a completion date, the agency
2 shall:
3 (I) promptly submit to the office for
4 publication on the Permitting Dashboard an
5 explanation of the specific reasons for
6 failing or significantly risking failing to
7 conform to the completion date and a proposal
8 for an alternative completion date;
9 (II) in consultation with the office
10 establish, an alternative completion date; and
11 (III) each month thereafter until the
12 agency has taken final action on the delayed
13 authorization or review, submit to the office
14 for posting on the Permitting Dashboard a
15 status report describing any agency activity
16 related to the project.
17 (G) Abandonment of covered project.
18 (i) If the office has a reasonable basis to
19 doubt the continuing technical or financial
20 ability of the project sponsor to construct the
21 covered project, the office may request the
22 project sponsor provide an updated statement
23 regarding the ability of the project sponsor to
24 complete the project.
25 (ii) If the project sponsor fails to respond
26 to a request described in clause (i) by the date
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1 that is 30 days after receiving the request, the
2 office shall publish an appropriate notice on the
3 Permitting Dashboard.
4 (iii) On publication of a notice under clause
5 (ii), the completion dates in the permitting
6 timetable shall be tolled and agencies shall be
7 relieved of the obligation to comply with
8 subparagraph (F) until the project sponsor submits
9 to the office an updated statement regarding the
10 technical and financial ability of the project
11 sponsor to construct the project.
12 (3) Cooperating local governments.
13 (A) If the environmental review is being
14 implemented within the boundaries of a unit of local
15 government, it may choose to participate in the
16 environmental review and authorization process under
17 this subsection and to make subject to the process all
18 local authorities that:
19 (i) have jurisdiction over the covered
20 project;
21 (ii) are required to conduct or issue a
22 review, analysis, opinion, or statement for the
23 covered project; or
24 (iii) are required to make a determination on
25 issuing a permit, license, or other approval or
26 decision for the covered project.
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