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Description

Regulatory Alerts

CURRENT PROPOSED STATE OF ILLINOIS RULES AFFECTING SMALL BUSINESS

 

If any of the following proposed regulations impact your business, let us know!   Click here to submit comments on how the proposed rulemakings will impact your business or industry.   

 

Following are  proposed rules of possible interest to small businesses published in the Illinois Register.  During the comment period, individuals have an opportunity to express their support or opposition to the rule.  To submit comments or to learn more about the proposed rules, contact Katy Khayyat at the Department of Commerce and Economic Opportunity Entrepreneurship Network Information Center via e-mail at Katy.Khayyat@Illinois.gov  or call (800) 252-2923 or (217) 785-8020. 

 

To get more information on Illinois Rules and Regulations, how to file a complaint about a burdensome or excessive state rule, go to www.ienconnect.com/regflex.

 

The Capital Development Board proposed amendments which will impact any small business that constructs, renovates, repairs or enlarges commercial or residential buildings:    

The CDB adopted emergency amendments to "Illinois Energy Conservation Code" (Code) (71 Ill. Adm. Code 600; 34 Ill. Reg. 2582), effective 1/29/10, for a maximum of 150 days.  Identical proposed amendments appear in the February 19th Illinois Register at 34 Ill. Reg. 2383.  The rulemakings implement PA 96-778 which applies State energy efficiency guidelines and standards for commercial buildings to residential buildings as well.  CDB revises Code application provisions to include residential buildings, changes the name of the CDB Energy Code Advisory Council to the Illinois Energy Conservation Advisory Council, adopts the 2009 International Energy Conservation Code ass its standard for residential buildings of a specified height, and explains exemptions from the Code.  The rulemaking stipulates that units of local government that do not regulate energy efficient building standards are not required to adopt, enforce, or administer the Illinois Energy Conservation Code.  However, if the governmental unit does adopt such energy standards, those standards must be in compliance with the Energy Efficient Building Act (Act).  Where units of local government do not have their own code, all construction, renovation, or additions to buildings or structures must comply with provisions contained in the Act.  Local authorities, including home rule units, that regulate energy efficient building standards may not adopt residential building efficiency standards less than or more stringent that these rules unless a specific exemption applies (e.g., there were more stringent local regulations in place before 5/15/09 or the local authority is a municipality with a population of one million or more).  The local authority having jurisdiction proves Code compliance by submission of one of 3 compliance documents listed by CDB. 

Bottom Line:   Legislation passed in 2009 (HB 3987, PA 96-778) amends the Energy Efficient Commercial Building Act requiring residential buildings to conform with the energy efficiency standards that currently apply only to commercial buildings. The name of the Act is changed to the Energy Efficient Building (EEB) Act and is revised throughout the Part. The definition of residential buildings was revised and new Sections, 600.400 through 600.440, lay out the standards, exemptions, local jurisdiction, compliance and application to home rule units for residential buildings.  Revisions were made to Section 600.110 to update the language regarding the application of the code to additions, alterations, renovations or repairs and exceptions.   Section 600.210 was revised to update the name of the Energy Code Council. Additional language from the Act was added for clarification to Section 600.320 regarding the local jurisdictions responsibilities for adoption, enforcement and administration of the Code.   For questions or comments, contact Lisa Mattingly, CDB at Lisa.Mattingly@Illinois.gov or (217) 524-6408. 

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The Secretary of State proposed amendments which will impact owners, operators and instructors of Enhanced Skills Driving Schools:                   

The Secretary of State proposed rules establishing a new part titled "Enhanced Skills Driving Schools" (92 Ill. Adm. Code 1065; 34 Ill. Reg. 2680) that implement PA 96-740.  Enhanced skills driving schools (ESDS) are new driving schools that teach advanced driving skills such as emergency braking, crash avoidance, and defensive driving techniques for a fee to licensed drivers.  These schools do not prepare students for the Illinois driver's license examination.  All individuals or entities operating an ESDA must be licensed, and the rulemaking provides criteria for ESDS licensure, places limitations on the name that an ESDS may use in the course of its business, and specifies requirements for ESDS, school locations and facilities (e.g., an ESDS must own or lease the location where the school is located, be in a district that is zoned for business or commercial purposes, have a permanent sign with the name of the school, and include office space meeting prescribed conditions).  Instructors must also be licensed, and both ESDS owners and instructors must pass fingerprint-based background checks in addition to meeting specified licensure standards.  Topics covered in the rulemaking include recordkeeping; periodic SOS inspections of ESDS facilities and programs; licensure denial, cancellation, suspension and revocation; and due process hearings.  Also, SOS salaried or contractual employees are barred from ESDS licensure, and ESDS offices and ESDS advertising are not allowed near SOS driver's license facilities. 

Bottom Line:  This Part is being established to set forth the regulations that will govern the licensing and operation of enhanced skills driving schools and their instructors, as authorized by Public Act 96-740.   For questions or comments, contact Arlene Pulley, SOS at (217) 557-4462. 

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For more information on anything in this issue of Regulatory and Information Alert, contact Katy Khayyat at Katy.Khayyat@Illinois.gov or call (217) 785-8020 or (800) 252-2923.  To be removed from this mailing list, please contact Katy Khayyat at Katy.Khayyat@Illinois.gov or by calling (217) 785-8020 or (800) 252-2923.

 
 
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©2009 Illinois Department of Commerce and Economic Opportunity