As part of Governor Douglas’s economic stimulus proposal
there is a section devoted to permit reform. The goals of this proposal include
providing greater predictability, expediency and fairness for applicants; as
well as reduce agency costs and staff time. The following is a synopsis of what
is being discussed thus far. Any feed back on these proposals would be
welcomed.
Expanding General Permit
Uses
The Agency of Natural Resources will undertake a review
of all current permit processes and determine which ones an expanded use of
general permits is applicable. General permits incorporate standard conditions
that all applicants that must follow (like storm water).
They are also looking into expanding the use of permits
by rule. These are more often used to regulate a certain class of operation, where
an industry will adopt a rule set in which all applicants must adhere.
Compliance with the rules is expected, and the agency works on outreach and
training. Fines and other penalties may be levied for noncompliance. This
allows for more agency staff to focus on finding the few non
conformers.
Another aspect to general permits under review is self
certification. The self certification process gives licensed professionals the
ability to submit an application for a project with the implied certification
all statutory requirements have been met. Compliance is again expected and the
agency will use inspections to monitor projects. This again frees up agency
staff time to focus on enforcement actions on those in not in
compliance.
Changing the Relationship between ANR
permits and Act 250 Review.
Currently ANR permits are frequently challenged during
the Act 250 review process. ANR routinely defends permits they have granted
during the Act 250 process. This takes a lot of staff time and energy. The
proposal would give ANR permits the rebuttable presumption all environmental
criteria has been considered, and the project is in compliance. This would give
more weight to ANR permits and help applicants avoid redundant hearings on the
same environmental issues. ANR permits would still be open to appeals in the
Environmental
Court where interested parties can settle
disputes.
On the Record
Review
Currently an applicant has a hearing with an Act 250
district commission. The hearing consists of testimony, models of the projects,
scientists’ reports, economic studies; an entire body of evidence is presented.
If a commission ruling is appealed, the environmental court begins the process
all over, as if the prior hearing did not take place. Where all the evidence is
again presented, heard, and ruled on. This places applicants in the position of
completely retrying their case, often at great
expense.
Governor Douglas’s proposal would allow an applicant the
option of requesting an on record review. This would allow for a very formal
proceeding involving all parties presenting all the evidence once on the
record. Then any appeals would review the evidence and determine whether the
commissions ruling was lawful and followed state statute, and eliminate the need
to completely retry the case.
Adding Consideration to Public
Benefits during Act 250 Review
The Governor’s proposal would allow for equal weight be
given to additional aspects a development would have on a community. These
include economic benefits, recreational benefits, social and cultural benefits,
or any other benefit a development might bring to a community. This will allow
for a broader scope to be used when balancing between environmental impacts, and
benefits a development might bring to a given
community.
VAR legislative summary week 2
Permit
Reform
As part of Governor Douglas’s economic stimulus proposal
there is a section devoted to permit reform. The goals of this proposal include
providing greater predictability, expediency and fairness for applicants; as
well as reduce agency costs and staff time. The following is a synopsis of what
is being discussed thus far. Any feed back on these proposals would be
welcomed.
Expanding General Permit
Uses
The Agency of Natural Resources will undertake a review
of all current permit processes and determine which ones an expanded use of
general permits is applicable. General permits incorporate standard conditions
that all applicants that must follow (like storm water).
They are also looking into expanding the use of permits
by rule. These are more often used to regulate a certain class of operation, where
an industry will adopt a rule set in which all applicants must adhere.
Compliance with the rules is expected, and the agency works on outreach and
training. Fines and other penalties may be levied for noncompliance. This
allows for more agency staff to focus on finding the few non
conformers.
Another aspect to general permits under review is self
certification. The self certification process gives licensed professionals the
ability to submit an application for a project with the implied certification
all statutory requirements have been met. Compliance is again expected and the
agency will use inspections to monitor projects. This again frees up agency
staff time to focus on enforcement actions on those in not in
compliance.
Changing the Relationship between ANR
permits and Act 250 Review.
Currently ANR permits are frequently challenged during
the Act 250 review process. ANR routinely defends permits they have granted
during the Act 250 process. This takes a lot of staff time and energy. The
proposal would give ANR permits the rebuttable presumption all environmental
criteria has been considered, and the project is in compliance. This would give
more weight to ANR permits and help applicants avoid redundant hearings on the
same environmental issues. ANR permits would still be open to appeals in the
Environmental
Court where interested parties can settle
disputes.
On the Record
Review
Currently an applicant has a hearing with an Act 250
district commission. The hearing consists of testimony, models of the projects,
scientists’ reports, economic studies; an entire body of evidence is presented.
If a commission ruling is appealed, the environmental court begins the process
all over, as if the prior hearing did not take place. Where all the evidence is
again presented, heard, and ruled on. This places applicants in the position of
completely retrying their case, often at great
expense.
Governor Douglas’s proposal would allow an applicant the
option of requesting an on record review. This would allow for a very formal
proceeding involving all parties presenting all the evidence once on the
record. Then any appeals would review the evidence and determine whether the
commissions ruling was lawful and followed state statute, and eliminate the need
to completely retry the case.
Adding Consideration to Public
Benefits during Act 250 Review
The Governor’s proposal would allow for equal weight be
given to additional aspects a development would have on a community. These
include economic benefits, recreational benefits, social and cultural benefits,
or any other benefit a development might bring to a community. This will allow
for a broader scope to be used when balancing between environmental impacts, and
benefits a development might bring to a given
community.