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Committee advances bill to allow optional expedited third‑party reviews for complex permits

House Public Utilities and Energy Standing Committee · February 12, 2026

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Summary

HB437 would create an optional expedited permitting path that allows applicants to hire pre‑certified third‑party qualified reviewers to prepare complex permit applications for DEQ/OGM review; the committee voted a favorable recommendation after agency testimony that public comment and final agency authority are retained.

Representative Shellenberger presented HB437 to the committee on Feb. 12, describing an optional expedited permitting process in which pre‑certified, licensed professionals (engineers, hydrologists, etc.) perform preliminary review work for complex Department of Environmental Quality and Division of Oil, Gas and Mining permits.

Tim Davis, Executive Director of the Department of Environmental Quality, told the committee the proposal is intended to speed permitting without weakening protections. "They would pay the full cost for it, and then it slides back into the department for us to ensure that it complies with the law of rules and regulations," Davis said, explaining the department would retain final review authority and public comment and appeals processes would remain.

Mick Thomas, director of the Division of Oil, Gas and Mining, said the bill does not change substantive regulatory standards for mining permits and argued that using vetted, qualified reviewers can improve overall application quality while reducing administrative time.

Representative Moss asked for assurance that expedited review would not advantage projects that could affect Salt Lake County air quality; agency witnesses said the bill preserves statutory protections, public comment, and the department’s final decision.

Chair Jack moved that the committee give HB437 a favorable recommendation; after discussion the committee voted in favor and the motion passed unanimously.

What happens next: With a favorable recommendation, HB437 will move forward from committee. Sponsors and agencies said they expect to implement pre‑certification criteria and fee structures consistent with retaining agency oversight and public participation.