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Senate adopts two amendments to House Bill 120, adds limited DEQ pre‑permitting authority

Wyoming Senate · March 4, 2026
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Summary

Senators adopted two second‑reading amendments to House Bill 120: one removes legislative findings from the bill; the other gives the Department of Environmental Quality discretionary authority to take limited pre‑permitting steps to make projects more shovel‑ready, subject to federal limits.

Senators voted to adopt two second‑reading amendments to House Bill 120, the Energy Product Reclassification and Sovereignty Act. Senator Scott moved adoption of amendment No. 1, which deletes legislative findings and purpose clauses; the Senate adopted the amendment by voice vote after members said findings are unnecessary for the statute’s operative text.

Senator Rothus then offered amendment No. 2 to add limited authority for the Department of Environmental Quality (DEQ) to take preparatory steps—described as "pre‑permitting"—to position projects for faster formal permitting where federal law allows. Rothus described the amendment as discretionary "may" language that would let DEQ perform some tasks that make projects more shovel‑ready without violating federal requirements.

Supporters said prior surveying and preparatory work (wildlife, paleontology, other surveys) is already common in some industries and could reduce overall permitting time. Opponents cautioned that pre‑permit actions cannot override federal law; amendment language was drafted to preserve that limitation.

Both amendments were adopted by voice vote. Senators returned the bill to third reading.

Why it matters: The changes strip non‑operative legislative findings and add narrowly tailored flexibility to DEQ’s role in preparing projects for permitting, with the explicit caveat that federal law still constrains what the state can do.

Next steps: House Bill 120, as amended, returns for third reading and final passage consideration.