Environment committee approves BEP bill language and flags DEP staffing, will CC governor

The Joint Standing Committee on Environment and Natural Resources voted to request a committee bill incorporating language provided by the Board of Environmental Protection (BEP) to change statute governing appeals of license decisions and to send a Government Evaluation Act (GEA) letter about the Department of Environmental Protection (DEP).

Representative Bill Bridal moved that the committee accept the BEP's program evaluation and have committee legislation drafted using the board’s suggested language for appeals of licensing decisions. BEP executive analyst Bill Henkel told the committee the draft is not tied to any single project and applies generally to appeals of commissioner licensing decisions. The committee approved the motion by voice, the chair announcing it was unanimous of those present and voting.

On the DEP review, committee members raised a separate set of concerns about permitting timeframes and staffing. Representative Bridal told the committee he and local planning officials see long permitting lags and urged the report note support for additional personnel in permitting. Dan Tartikoff, the committee analyst, confirmed DEP reported roughly a 10% vacancy rate and noted the department is trying to hire. Commissioner Melanie Loyzum told members implementing some proposed bills could require substantial additional resources, estimating roughly $4,000,000 to support initial implementation steps and related attorney support.

Senator Brenner moved, and Representative Campbell seconded, that the committee send a GEA letter saying the BEP and DEP are operating within their statutory authority but that the committee will report a committee bill to amend the appeals process and will note concerns about DEP staffing and permitting timeframes. Members agreed the letter should be placed on the legislative calendar and CC the governor’s office. The chair recorded that the letter was reported with the notation that it was not unanimous, and the committee clerk will include vote details in the committee record.

Next steps: the committee analyst will prepare draft letter and draft bill language for members to review before the items go on chamber calendars and, if the committee desires, staff will request a fiscal note for implementation-related costs.