Legislature Addresses Timeliness of State Permitting Processes

During the October Special Session, the legislature focused on job creation, including encouraging development by directing agencies to seek and implement ways to streamline certain state permitting processes. The resulting law, An Act Concerning Economic Growth and Job Creation in the State, PA 11-1, October Special Session, does this in several ways.

For example, it requires the Department of Energy and Environmental Protection (DEEP) to study its state permitting and enforcement processes and the feasibility of developing a methodology for processing permit applications and enforcement actions based on tiered levels of environmental risk. It also requires the Department of Transportation (DOT) and the State Traffic Commission to make a final determination within 60 days after receiving a completed formal petition, application, or request for a permit in connection with an economic development project.

Furthermore, the act requires the Office of Policy and Management (OPM), within available appropriations, to enter into an agreement for consultant services to apply LEAN practices and principles to the permitting and enforcement processes that business entities most frequently use or are subjected to. OPM must do this for DEEP, DOT, and the departments of Economic and Community Development (DECD) and Administrative Services. (LEAN is an approach used by the public sector to improve efficiency in services and administrative processes.)

Among various other provisions, the law additionally requires the DECD permit ombudsman to develop, by July 2012, recommendations for a certification program similar to New York state's "Build Now-NY/ Shovel Ready Certification Program." By January 1, 2013, the permit ombudsman must submit the recommendations to the DECD and DEEP commissioners, the governor, and the Environment and Commerce committees.