Natural Resources Subcommittee advances HB 4,020a after removing ODOT amid fiscal questions

PORTLAND — The Natural Resources Subcommittee on Feb. 25 advanced House Bill 4,020a to the full committee with a due-pass recommendation after adopting an amendment that removes the Department of Transportation from the bill.

Staff introduced HB 4,020a as a permitting-reform measure. "HB 4,020a requires certain agencies to provide applicants with a statutory or regulatory justification for any permit denial and effective guidance on how to contest such a denial," staff member Travis said, adding the bill requires agencies to establish a key performance measure for permit timeliness and an analysis of permitting constraints.

Members debated a dash a2 amendment that deletes ODOT from the list of covered agencies. "I believe there are some additional costs anticipated with, ODOT being brought under this bill," Representative Owens said during questioning. Travis replied, "We do not have a fiscal at this time," and said the amendment carried a "fiscal light" designation. Committee members asked staff and the Legislative Fiscal Office to seek a written fiscal estimate from ODOT to clarify the potential cost implications.

After discussion, the panel voted to adopt the dash a2 amendment and then voted to move HB 4,020a as amended to the full committee with a due-pass recommendation. Representative Owens voted no; other members present voted yes and the motion passed. The clerk recorded one excused member. The subcommittee named Representative Bowman as House/Ways and Means carrier and Representative Frederick as the Senate floor carrier for the bill.

The bill would require specified state agencies to explain permit denials and to develop performance measures and an analysis of permitting processes that delay application processing or renewals. Agencies explicitly named in the bill text discussed in the meeting included the Department of Environmental Quality, the Department of State Lands, the State Department of Energy, and the Department of Geology and Mineral Industries; the dash a2 amendment removes ODOT from that list.

Committee members emphasized the desire for clearer fiscal information before full-committee or floor action. The work session concluded with the subcommittee closing the session and a member remarking that legislative intent in the committee could be an area for future discussion.

Next steps: staff said they will attempt to obtain a written fiscal estimate from ODOT or the Legislative Fiscal Office; the bill will go to the full committee with the subcommittee's due-pass recommendation.