NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

SCONC Analysis

Senate clerks analysis

SUMMARY

Synopsis of Senate Conservation Committee Amendment

The Senate Conservation Committee amendment adds language to require the department to adopt rules that provide "a description of the elements required for the department or local agency to deem an application complete". The amendment also shortens the deadline for final decision on an application from 180 days to 90 days unless the secretary or director grants an extension not to exceed 90 days for good cause, including the need to have public hearings. The amendment allows the department or local agency to contract only with qualified firms that do not have a conflict of interest. Finally, the amendment requires the department or local agency to give the applicant a reasonable estimate of costs of an accelerated permit application review process and allows the department a local agency to accept payment for the accelerated process at the end of the process.

Synopsis of Bill

Senate Bill 626 amends 74-2-7 NMSA 1978 to establish deadlines for permit application appeals to the Environment Improvement Board or the Local Board. It further provides for the accelerated review of applications.

Significant Issues

SB 626 establishes the deadline of a final decision to be consistent with the federal act, and not to exceed 180 days following the submission of a permit application.

Senate Bill 626 adds language so that if the department or agency fails to take final action on a permit within the time allowed, the respective agency shall notify the applicant in writing that an extension of time is required to process the application and specify in detail the grounds for the extension.

The bill further:

Allows for a method for an accelerated permit processing that may be requested at the sole discretion of the applicant at the time of submission and that allows the department to contract with qualified outside firms to accelerate the review of the application and;

Calls for the establishment of a process for the department to account for the expenditure of the accelerated permit processing fees and the development of a schedule of permit fees to be paid when the applicant is notified that the permit has been completed. Fees should be sufficient to cover the cost of an accelerated permit application review process.

FISCAL IMPLICATIONS

Fees will be paid by the applicant to cover any costs.

ADMINISTRATIVE IMPLICATIONS

This requires some short term administrative work to develop a schedule of permit fees and contractors who can process the applications.

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