ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2543: state permitting dashboard.

Sponsor:  Representative Wilmeth, LD 15

Committee on Government & Elections

Overview

Establishes the state permitting dashboard and outlines the requirements of the database.

History

The Federal Infrastructure Permitting Dashboard is an online tool for federal project developers, agencies and interested members of the public to track the environmental review of the federal government and authorization processes for complex or large infrastructure projects.  The Dashboard is designed to track infrastructure projects that are designated as covered projects under the Fixing America's Surface Transportation Act (Permitting Dashboard).

Provisions

1.   Requires the Governor to appoint a state permitting director. (Sec. 1)

2.   Instructs the director to appear before the Joint Legislative Budget Committee (JLBC), at the request of the chairperson of JLBC, to report on the findings from administering the permitting dashboard. (Sec. 1)

3.   Authorizes a project sponsor of an eligible project to submit a notice to the director that the project sponsor is initiating a proposed project. (Sec. 1)

4.   Stipulates that the notice must include the following:

a)   A statement of the objectives and purposes of the proposed project;

b)   A concise description of the proposed project and a summary of geospatial information;

c)   A statement regarding the financial and technical ability to construct the proposed project;

d)   A list of agencies that may require authorizations for completion of the proposed project;

e)   A statement of any anticipated authorization to complete the proposed project; and

f) An assessment and statement of reasons to support such that the proposed project meets the definition of an eligible project. (Sec. 1)

5.   Mandates that the director determine whether the proposed project qualifies as an eligible project and whether to include it as a participating project, no later than 30 days after receiving the notice. (Sec. 1)

6.   Requires, no later than 45 days after the date of the determination, each agency identified by the project sponsor to submit all anticipated authorizations required for each participating project, including:

a)   The steps required by the agency and project sponsor to complete each authorization; and

b)   The target completion time for each step. (Sec. 1)

7.   Directs an agency to provide the director with a written statement of cause for an additional authorization if an agency requires an authorization for completion of a participating project that was not submitted. (Sec. 1)

8.   Specifies that each identified agency must submit any decision made that materially affects the status of a participating project and any significant document associated with the decision. (Sec. 1)

9.   Prohibits an agency from requiring an eligible project to participate in the permitting dashboard. (Sec. 1)

10.  Instructs the director to establish and maintain an online database, known as the permitting dashboard, that displays the progress to completion for state authorizations for participating projects. (Sec. 1)

11.  States that the permitting dashboard must include a visual interface that tracks the status of each authorization required for participating projects. (Sec. 1)

12.  Instructs the director to coordinate with the following for authorizations for a participating project:

a)   Department of Environmental Quality;

b)   Department of Transportation;

c)   State Land Department;

d)   Department of Water Resources;

e)   Arizona Commerce Authority;

f) Arizona Game and Fish Department; and

g)   State Historic Preservation Office. (Sec. 1)

13.  Authorizes the director to display all of the following on the permitting dashboard for each participating project:

a)   The submitted notice;

b)   The application and supporting documents submitted by a project sponsor or a notice explaining how the public may obtain access to these documents;

c)   A description of any decision made that materially affects the status of a participating project;

d)   A list of responsibilities and roles for all entities with authorization responsibility for the participating project;

e)   A permitting timetable with specified information included; and

f) The completion status of the authorization included in the permitting timetable. (Sec. 1)

14.  Stipulates that each agency must carry out the obligations of the agency with respect to a participating project in conjunction with other authorizations being conducted by other agencies or local or tribal governments.

a)   Exempts the above requirement if the agency determines that doing so would impair the agency's ability to carry out the statutory obligations of the agency. (Sec. 1)

15.  States that the director must mediate any dispute related to the permitting timetable in consultation with the relevant agency and project sponsor. (Sec. 1)

16.  Mandates that the director notify the Governor's Regulatory Review Council (GRRC) if no resolution is reached and review the dispute with the directors of the relevant agency. (Sec. 1)

17.  Directs GRRC to recommend a course of action, within 30 days after notification of the dispute, to the director and allows the director to require agency action to resolve the dispute. (Sec. 1)

18.  Allows GRRC to adopt rules regarding the implementation of dispute resolution. (Sec. 1)

19.  Instructs the director, on or before December 1, 2022, to submit a report of findings from administering the permitting dashboard that includes specified items to the following:

a)   Governor;

b)   President of the Senate;

c)   Speaker of the House of Representatives;

d)   Chairperson of the Senate and House of Representatives Natural Resources, Energy and Water Committees, or its successors; and

e)   Secretary of State. (Sec. 1)

20.  Defines the following terms:

a)   Agency;

b)   Authorization;

c)   Director;

d)   Eligible project;

e)   Participating project;

f) Permitting dashboard; and

g)   Project sponsor. (Sec. 1)

21.  ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteContains a delayed repeal date of January 1, 2029. (Sec. 2)

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25.                    HB 2543

26.  Initials SJ  Page 0 Government & Elections

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