(1) As used in this section:
(a) "Eligible permit" means a permit:
- (i) enforced by the department; and
- (ii) identified for expedited review in department rule under Subsection (7)(a).
(b) "Expedited review" means a review of an eligible permit that:
- (i) is performed by a qualified reviewer;
- (ii) is completed within the number of days established by department rule under Subsection (7)(d); and
- (iii) concludes with the issuance of a preliminary permit decision.
(c) "Permit" means any of the following issued under this title:
- (i) a permit;
- (ii) a plan;
- (iii) a license; or
- (iv) an administrative authorization made by a director.
(d) "Preliminary permit decision" means a recommendation to the department by a qualified reviewer under expedited review to:
- (i) approve a permit application for final technical review and approval;
- (ii) deny a permit application; or
- (iii) return the permit application to the applicant with a description of the permit application's deficiencies.
- (e) "Qualified reviewer" means a professional engineer, land surveyor, geologist, landscape architect, or other licensed professional certified by the department to review an application for an eligible permit under this section.
(2)
- (a) The department may certify a qualified reviewer to perform an expedited review of an eligible permit.
(b) The department may certify an individual as a qualified reviewer of an eligible permit if the individual meets the following requirements:
- (i) holds an active professional license in a field related to the eligible permit;
- (ii) has at least five years of environmental permitting experience;
(iii) has not been convicted of, or pleaded guilty to:
- (A) an environmental crime, or a similar or related criminal offense under federal or state law; or
- (B) a crime involving fraud, theft by deception, forgery, or a similar or related criminal offense under federal or state law;
- (iv) has not had a professional license revoked or suspended by a national or state licensing board within the previous 10 years; and
- (v) any other requirement established by the department.
(3)
- (a) An applicant for an eligible permit may request an expedited review of the applicant's permit application.
(b) An applicant that requests expedited review shall, in a form and manner determined by the department:
- (i) submit a written request to the department for an expedited review of the applicant's permit application;
- (ii) pay all costs associated with the expedited review; and
- (iii) submit a completed application to a qualified reviewer.
(4)
- (a) The department may establish a process for a qualified reviewer to complete an expedited review of a permit application for an eligible permit.
(b) A qualified reviewer shall perform an expedited review:
- (i) subject to all standards, technical specifications, scope of review, and other requirements as determined by the department;
- (ii) on a timeline established by the department; and
- (iii) in accordance with all applicable federal and state laws and regulations.
(c) A qualified reviewer may not perform an expedited review for an applicant of an eligible permit if the qualified reviewer:
- (i) has performed services for the applicant within three years of the date of submission of the permit application; or
- (ii) has any financial or business interest with the applicant.
(d) A qualified reviewer shall submit a preliminary permit decision to the department at the completion of an expedited review, including:
- (i) an analysis of the basis for the recommendation; and
- (ii) supporting documentation, as determined by the department.
(5)
- (a) The department shall conduct a final technical review and make a final administrative decision for a permit application upon completion of an expedited review.
(b) To make a final administrative decision on a permit application, the department shall:
- (i) review a preliminary permit decision for the permit application;
- (ii) conduct a final technical review of the permit application; and
(iii)
- (A) approve the permit application;
- (B) deny the permit application; or
- (C) return the permit application to the applicant with a description of the permit application's deficiencies.
- (6) Except as otherwise provided in this title, a permit applicant may appeal the department's final administrative decision as provided in Section 19-1-301.5.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to establish:
- (a) the requirements for identifying a permit as an eligible permit;
- (b) the requirements for expedited review;
- (c) the requirements for certifying a qualified reviewer;
- (d) the maximum number of days for a qualified reviewer to complete an expedited review;
- (e) the maximum number of days for the department to make a final administrative decision upon completion of an expedited review; and
- (f) public comment requirements in accordance with federal and state law.
Enacted by Chapter 425, 2026 General Session