Automatic Approval Bill Still Alive in the Legislature

HB 376 HD1 – Automatic Approval of Permits, Licenses & Applications Submit Testimony This measure has three main components:

1. It authorizes third-party reviewers to approve permits, licenses, and other applications;
2. It automatically approves applications before the state historic preservation division if that agency does not review and comment within 60 days; and
3. It automatically approves any business or development-related permit, license, or approval within 30 days if the underlying agency does not pass rules regulating the time to approve or reject applications.

Concerns: This measure could eliminate transparency and public input on major land-use or business actions. Current laws that allow access to information do not appear to apply to private entities. Allowing major subdivision projects to eliminate any public hearing requirements may “streamline” the process, but will do nothing to ensure protection of the environment or compliance with building and public safety codes. As to the automatic approval sections:

• What if agencies aren’t able to enact rules in a timely fashion?
• What if additional information is required and the deadline passes?
• What happens if an applicant fails to submit all the necessary information?
• Would building, electrical and plumbing permits be deemed “approved” because the agency did not have a completed application?
• What happens when a contested case hearing is requested and the deadline passes?

Automatic approval of any permit is simply poor public policy. Permits should be granted on the merits, not by mistake or because an under-funded government agency doesn’t have the resources to act as fast as developers would like. A substantial majority of the testimony already submitted opposed this measure. Perhaps less extreme measures, such as creating an office of the ombudsman, should be explored instead.