Sec. 9.1. State and local regulatory alternatives.

355 words·~2 min read·/il/chapter-20/act-655/9-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Agencies may provide in their rules and regulations for:

(i)the exemption of business enterprises within enterprise zones; or

(ii)modifications or alternatives specifically applicable to business enterprises

within enterprise zones, which impose less stringent standards or alternative standards for compliance (including performance-based standards as a substitute for specific mandates of methods, procedures, or equipment).

Such exemptions, modifications, or alternatives shall be effected by rule or regulation promulgated in accordance with the Illinois Administrative Procedure Act. The Agency promulgating such exemptions, modifications, or alternatives shall file with its proposed rule or regulation its findings that the proposed rule or regulation provides economic incentives within enterprise zones which promote the purposes of this Act and which, to the extent they include any exemptions or reductions in regulatory standards or requirements, outweigh the need or justification for the existing rule or regulation.

(b)If any agency promulgates a rule or regulation pursuant to paragraph

(a)affecting a rule or regulation contained on the list published by the Department pursuant to Section 9, prior to the completion of the rulemaking process for the Department's rules under that Section, the agency shall immediately transmit a copy of its proposed rule or regulation to the Department, together with a statement of reasons as to why the Department should defer to the agency's proposed rule or regulation. Agency rules promulgated under paragraph

(a)shall, however, be subject to the exemption rules and regulations of the Department promulgated under Section 9.

(c)Within enterprise zones, the designating county or municipality may modify all local ordinances and regulations regarding

(1)zoning;

(2)licensing;

(3)building codes, excluding however, any regulations treating building defects;

(4)rent control and price controls (except for the minimum wage). Notwithstanding any shorter statute of limitation to the contrary, actions against any contractor or architect who designs, constructs, or rehabilitates a building or structure in an enterprise zone in accordance with local standards specifically applicable within zones which have been relaxed may be commenced within 10 years from the time of beneficial occupancy of the building or use of the structure.