- Gov. Cox signed the first executive order of his 2nd term to expand the use of permitting by rule.
- This would allow state agencies to approve large infrastructure projects much quicker.
- Streamlining the permitting process could limit public input on controversial projects.
Utah Gov. Spencer Cox announced an executive order on Thursday requiring state environmental agencies to streamline the permitting process for infrastructure projects.
Cox has said his second term will focus on increasing the number of starter homes by 35,000 units and doubling the state’s energy production through innovative technologies, while also saying in order to achieve these goals the state and country need to be able to build things faster.
During his inauguration ceremony on Wednesday, Cox shared a theme for his administration will be, “Now is a time to build,” and unveiled a second term strategy entitled, “Built here.”
On Thursday, Cox traveled with the country’s other Republican governors to President-elect Donald Trump’s Mar-a-Lago home, where Cox said he hoped to talk to Trump about “how we can unleash the energy potential, especially in the West,” through permitting reform.
What will Cox’s executive order do?
The executive order, which was signed by Cox and Lt. Gov. Deidre Henderson on Tuesday, instructs the Utah Department of Environmental Quality and the Division of Oil, Gas and Mining in the Utah Department of Natural Resources to identify ways to expand permit review processes that allow projects to get started more quickly.
“The focus of this executive order is to empower Utahns to take the lead in creating the world we want for our children and grandchildren,” Cox said in a press release. “It’s about a future of freedom, opportunity and abundance — built here.”
Cox has asked members of the Department of Environmental Quality and the Division of Oil, Gas and Mining to meet with stakeholders and research other states’ processes to learn how Utah can increase the number of projects that are approved through “permitting by rule” and “general permitting.”
Permitting by rule establishes general standards that a new project can comply with instead of requiring a lengthy individualized review. This can save companies and agencies time and resources to begin construction more quickly.
The two agencies must explore ways to increase the use of permitting by rule or general permitting and make recommendations to the governor. They will have until July 1 to provide an initial progress report and until Oct. 1 to provide a final report.
The order also asks DEQ to evaluate how to improve Plantwide Applicability Limitation Permits, which simplify the air quality permit process to meet market needs.
Permitting by rule and general permitting remove obstacles to projects while maintaining environmental standards, according to Cox’s office. The order points out that 98% of the 15,000 permits issued by DEQ every year already classify as general permits or permits by rule.
This executive order would apply mostly to “facilities or projects that for a variety of reasons are more complex or large in scope, and are not currently eligible for general permitting or permit by rule,” a DEQ spokesperson said in a statement to the Desert News. “It also covers new facilities or projects that are not currently eligible for general permitting or permit by rule.”
How will this order help Utahns?
Opponents of the change say fast-tracking the permitting process could decrease opportunities to oppose new projects by limiting public notice and comment periods. This would be harmful to Utahns because it could remove public input from controversial projects, like nuclear energy reactors, said Sarah Fields, the program director of Uranium Watch, an environmental advocacy group that opposes the expansion of nuclear projects.
“Sometimes it’s a member of the public who knows more about a situation because they’re interested in what’s going on in their neighborhood, their county, their city,” Fields said. “So maybe it’s important to be able to tweak a permit or even deny a permit.”
In her work on uranium mining and uranium mill issues in Utah, Fields said she has observed many lengthy permit review processes. Delays in these processes are often caused by the applicant, not the government agency, Fields said.
In a statement to the Deseret News, Division of Oil, Gas and Mining officials said they fully support the governor’s executive order to streamline permitting processes.
“We are committed to ensuring efficient, responsible development that upholds environmental and public health standards while working closely with stakeholders to implement solutions that benefit Utah’s industries and citizens,” the statement said.
The Utah Petroleum Association told the Deseret News in a statement that “the oil and gas industry” supports the executive order.
“Permit by rule streamlines the overall permitting process which is helpful in providing timely action that encourages the prosperity of the industry — which is good for all Utahns who rely on our products in nearly every aspect of their daily lives — without compromising Utah’s already robust regulatory standards,” the statement said.
In the announcement for the executive order, Cox said his experience as vice president of CentraCom, his family’s rural telecommunications company, showed him the benefit of light regulations when it comes to critical infrastructure needs.
“I think about the days when we laid fiber optic lines to places like Scofield and Beaver Mountain. Back then, permitting was streamlined and collaboration was the norm,” Cox said. “We can do it again. It shouldn’t take years to get approval for a project that benefits our communities and strengthens our economy.”
Cox announced a new initiative last fall that he says could double the state’s energy production over the next decade by removing regulatory red tape.
“Operation Gigawatt” seeks to increase Utah’s energy transmission capacity, develop new energy sources, craft policies that support nuclear and geothermal energy, and subsidize research on energy innovation in the state.
Cox’s budget recommendations for this upcoming legislative session include $4.3 million to support local research into geothermal energy and $20.4 million to identify locations for nuclear reactor construction, as well as develop the infrastructure and lay the permitting groundwork for new projects.