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Regulatory Alert

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 Business Information Center via e-mail at Katy.Khayyat@Illinois.gov  or call 800.252.2923 or 217.558.0190. 

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

The following proposed regulation will impact long-term care facilities, community-based or home care providers and local agencies providing senior services:


The Department on Aging proposed amendments to Adult Protection and Advocacy Services (89 IAC 270; 42 Ill. Reg. 14309) updating its rules for the Office of the State Long-Term Care Ombudsman and its references to federal regulations.  (The Long-Term Care Ombudsman Program trains persons to serve as advocates for recipients of facility-based, community based or home-based long-term care when the recipients have concerns or complaints.)  The rulemaking includes definitions, an explanation of the program’s structure and goals, an outline of involved agencies’ responsibilities (e.g., the Regional Ombudsman, the Area Agency on Aging, the provider agency), provisions for ombudsmen’s’ access to resident and participant information and records, complaint investigation procedures, and procedures to address willful interference with the duties of the ombudsman.

Bottom Line:  This rulemaking is a Subpart to the Adult Protection and Advocacy Services rules of the Department on Aging. The rules will update current Long-Term Care Ombudsman rules and incorporate recent federal regulations governing the program by reference. The rulemaking represents proactive efforts by the Department to adequately describe the purpose, administration and duties under the Long-Term Care Ombudsman Program. The Long-Term Care Ombudsman Program is a resident-directed advocacy program to protect and improve the quality of car and quality of life for residents of long-term care facilities and participants of a medical assistance waiver administered by the State of Illinois or participants enrolled in a managed care organization that provide care coordination and other services to seniors and persons with disabilities. Ombudsman make every reasonable effort to assist, empower, represent and advocate on behalf of residents and participants.

For questions or comments, contact For questions or comments, contact Tracey Trigillo, Deputy General Counsell, Illinois Department on Aging, at Tracey.Trigillo@illinois.gov or call (217) 785-3346. You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility.


The following proposed amendments will impact businesses that sell or install thermostats: 


The Environmental Protection Agency proposed amendments to Collection of Out-of-Service Mercury Thermostats (35 IAC 190; 42 Ill. Reg. 14342) concerning IEPA’s collection program for obsolete and unused thermostats with mercury temperature sensing switches. The rulemaking reduces IEPA’s statewide collection goal for 2018 to 7,000 (currently, 32,500) thermostats; for 2019, 6,000 (currently, 37,500); and for 2020, 5000 (currently 40,000). Added goals for the collection program including maintaining at least 600 collection sites statewide or 20% more locations than were maintained the previous calendar year, whichever is less; engaging in in-person, telephone or electronic outreach to all collection locations; and engaging in outreach to thermostat wholesalers, contractors, retailers and homeowners.

Bottom Line:  The Illinois Environmental Protection Agency proposes to amend the annual collection goals for calendar years 2018 through 2020 for mercury thermostat collection programs established pursuant to the Mercury Thermostat Collection Act (MTCA). The amendments, which expand and increase collection program “best practice” are designed to “maximize the annual collection of out of service mercury thermostats in the state.” This proposed amendment will not have a direct effect on small businesses, small municipalities, or not-for-profit corporations, unless any such entity (1) manufactures mercury thermostats that are removed, replaced, or otherwise taken out of service in Illinois or (2) is a thermostat wholesaler, thermostat retailer, contractor, or qualified local government authority, as defined in the MTCA, that is participating in a mercury thermostat collection program administered pursuant to the MTCA. Because the MTCA and the existing rules established specific collection goals for calendar years 2011 through 2020, this amendment will affect applicable small businesses, small municipalities, or not-for-profit corporations only to the extent that the annual collection goals established by the amendment deviate from the current collection goals.
 
For questions or comments, contact Gabriel H. Neibergall, , IEPA, , at (217) 782-5544 or email Gabriel.Neibergall@illinois.gov. You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility.

 

The following proposed regulation will impact The following proposed regulation will impact owners of facilities or properties in which lead may be present; healthcare and childcare providers; businesses involved in building construction or renovation; lead inspectors; lead abatement workers and contractors:


The Department of Public Health proposed amendments to Lead Poisoning Prevention Code (77 IAC 845; 42 Ill Reg 15784) implementing Public Act 98-690 with numerous updates and clarifications regarding lead testing and mitigation procedures. The amendments reduce the blood lead poisoning level from 10 to 5 micrograms per deciliter (mg/dL), lower regulatory limits on lead in dust, soil, drinking water or on surfaces, and incorporate updated federal regulations and guidelines. Physicians and health care providers treating children ages 6 and younger must administer the DPH Childhood Lead Risk Questionnaire to assess the child’s risk of lead poisoning, test the child for lead poisoning, or both. The DPH questionnaire may also be administered to anyone who is pregnant or to children ages 7 and older. A statement from the physician or health care provider verifying that the child has been either screened for lead poisoning risk, tested for lead poisoning, or both must be provided by the parent prior to enrolling a child age 6 or younger in day care, preschool, kindergarten, or any other child care facility. An exemption for parents who object to lead blood level testing on religious grounds is being removed. Blood lead test results of 5 mg/dL or more must be reported to DPH within 48 hours. Instead of providing aggregated medical data in response to Freedom of Information Act requests, DPH will issue an annual lead poisoning surveillance report using aggregated medical data that does not identify patients, reporting entities, or care providers. Any researcher (currently, only medical or epidemiologic researchers) may request confidential data on lead poisoning from DPH in writing, subject to conditions in existing rule. DPH will conduct inspections of regulated facilities when an occupant or frequent visitor is reported to have a confirmed blood lead level of 10 mg/dL or higher (currently, 20 mg/dL); if the person tested is a child under 3 years old, the child’s dwelling unit and common areas of the regulated facility must be inspected. Potential hazards that the owner of a regulated facility will be asked about during an inspection will now include any products recently recalled due to the presence of lead, such as imported toys or jewelry. Procedures for certification of lead safety and mitigation training providers, abatement contractors, abatement supervisors, and other persons or entities involved in lead mitigation have been updated, along with environmental lead sampling protocols and procedures for lead mitigation in buildings and other environments. Fines for violations are raised from $1,000 to $5,000 per violation. Finally, emergency stop work orders for activities that may disturb lead-bearing surfaces may be enforced by the Attorney General or the sheriff or State’s Attorney of the county in which the property is located.  

Bottom Line:  The purpose of the proposed rulemaking is to implement PA 98-690 while introducing language to provide clarity to existing processes utilized by the Department. This rulemaking reduces the blood lead poisoning level from ten to five micrograms per deciliter. The economic effect of this proposed rulemaking is unknown; therefore, the Department requests any information that would assist in calculating this effect. 

For questions or to submit comments, contact Erin Conley, DPH, 535 W. Jefferson Street, 5th Floor, Springfield, IL 62761 (217) 782-2043 or email dph.rules@illinois.gov .  . You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility.

The following regulation will impact regulation will impact real estate developers:


The Department of Financial and Professional Regulation proposed amendments to Real Estate Appraiser Licensing (68 IAC 1455; 42 Ill Reg 15525) implementing new educational requirements that align with the minimum criteria adopted by the national Appraiser Qualifications Board of The Appraisal Foundation. Licensure as a residential real estate appraiser will now require 1,500 hours of experience obtained over at least 12 months (currently, 2,500 hours over 24 months) and other formal education options have been added for persons who do not hold a bachelor’s degree (currently, a bachelor’s degree or higher is required). For licensure as a general real estate appraiser, 3,000 hours experience over at least 18 months (currently, at least 30 months) will be required. The rulemaking also allows DFPR to send notices by e-mail (instead of U.S. Mail) when a license holder may lose a license due to unpaid taxes, child support or State-guaranteed student loans, and updates an incorporation of the national Real Property Appraiser Qualification Criteria.

Bottom Line: These proposed amendments will implement new criteria related to educational requirements, that will permit non-college graduates to obtain an appraiser license. This proposal aligns Illinois’ qualifying education requirements with the minimum criteria established by the Appraisal Subcommittee (ASC). In addition, these amendments make various changes to existing notice requirements in response to the Governor's Executive Order on the paperless initiative by updating "email address of record" notice requirements and eliminating obligations to send notices via certified mail, in addition to other cleanup items.

For questions or to submit comments, contact Craig Cellini, IDFPR at (217) 785-0913 or email Craig.Cellini@illinois.gov. You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility.