HF 2484 (LSB 5645YH (2) 91)

HOUSE FILE 2484

BY  HARRIS

A BILL FOR

An Act creating a permit transparency program under the administration of the department of inspections, appeals, and licensing.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  10A.541  Definitions.
   For purposes of this part:
   1.  “Agency” means a board, commission, committee, or council under the purview of the department.
   2.  “Permit” means a permit, license, certification, registration, or other form of authorization that a regulated party must obtain from an agency to engage in an activity.
   3.  “Permit transparency portal” means the online platform established pursuant to section 10A.544 that allows for the tracking of permit applications.
   4.  “Procedural stage” means a distinct step in the permit process at which an application is transferred or reviewed for approval.
   5.  “Program” means the permit transparency program established pursuant to section 10A.542.
    Sec. 2.  NEW SECTION.  10A.542  Permit transparency program.
   1.  The department shall establish and administer a permit transparency program.
   2.  In administering the permit transparency program, the department shall have all of the following duties:
   a.  Establish standards for permit processing timelines.
   b.  Provide technical assistance to agencies in mapping permit processes.
   c.  Develop standardized metrics for measuring the efficiency of permit processes.
   d.  Recommend statutory or regulatory changes to the governor and general assembly for improving permit approval processes.
   e.  Maintain an inventory of each active permit type issued by an agency.
    Sec. 3.  NEW SECTION.  10A.543  Permit transparency coordination committee.
   1.  There is established a permit transparency coordination committee within the department composed of representatives from each agency that issues permits.
   2.  The committee shall meet at least quarterly to do all of the following:
   a.  Share best practices in permit processing.
   b.  Identify opportunities for collaboration between agencies.
   c.  Develop recommendations for improving the state’s permitting processes.
   3.  The committee shall be chaired by the director.
   4.  The committee is not subject to section 4A.5.
    Sec. 4.  NEW SECTION.  10A.544  Permit transparency portal.
   1.  The director shall develop and maintain a publicly accessible online permit transparency portal which must include all of the following features:
   a.  A searchable database of each permit type offered by an agency that includes a description of each permit, the legal basis for each permit, application requirements and forms, permit fees, expected processing timelines, and contact information for the person responsible for each step of a permit approval process.
   b.  The ability to submit an application and supporting documentation electronically.
   c.  A tracking system that allows an applicant to monitor the status of the applicant’s applications through each procedural stage. A permit with only a single procedural stage may be excluded from the tracking system.
   d.  Automated notifications of application deadlines.
   e.  The ability to pay an application fee electronically.
   f.  An interactive map showing the geographic distribution of pending and approved applications.
   g.  Historical data on average processing times.
   2.  The permit transparency portal must be designed to do all of the following:
   a.  Integrate with existing agency permitting systems.
   b.  Minimize duplication of data entry.
   c.  Ensure data security and privacy.
   d.  Comply with accessibility standards for persons with disabilities.
    Sec. 5.  NEW SECTION.  10A.545  Report.
   1.  The director shall submit to the governor and the general assembly a permitting efficiency report by February 1 of each year that must include all of the following:
   a.  Statistics on the number of permit applications received, approved, and denied by each agency.
   b.  The average processing time for each type of permit.
   c.  The percentage of permits that have not met established timelines and an analysis of the reasons for delay.
   d.  Efficiency metrics.
   e.  Recommendations to improve efficiency.
   2.  The annual report shall be posted on the department’s internet site and the permit transparency portal.
    Sec. 6.  NEW SECTION.  10A.546  Agency responsibilities.
   Each agency shall do all of the following:
   1.  Designate a liaison to coordinate with the program.
   2.  Integrate agency permit processes with the permit transparency portal.
   3.  Establish a timeline for each procedural stage in the permit approval process.
   4.  Accept electronic submissions of applications and supporting documentation to the extent practicable.
   5.  Within ten business days of receiving an application, the agency shall notify the applicant in writing of whether the application is complete. If the agency determines that an application is incomplete, the notice to the applicant must enumerate each deficiency, citing the applicable rule or statute, and how to remedy the deficiency.
    Sec. 7.  NEW SECTION.  10A.547  Timeline standards.
   1.  The director shall work with agencies to establish target processing timelines for each type of permit.
   2.  The timeline standards shall be published on the permit transparency portal and included in application materials provided to applicants.
   3.  The director shall review and, if necessary, revise the timeline standards at least once every five years.
    Sec. 8.  PERMIT AUDIT.
   1.  Within one hundred eighty days of the effective date of this Act, each agency, as defined in section 10A.541, as enacted by this Act, shall conduct an audit of the agency’s permits and submit the results to the director of the department of inspections, appeals, and licensing. For each type of permit, the audit must include all of the following:
   a.  A description of the permit and the legal basis for the permit.
   b.  The annual number of applications processed for the previous three years.
   c.  The average processing time for each type of permit.
   d.  Any fee associated with the permit.
   e.  A detailed mapping of each procedural stage in the permit approval process.
   f.  Whether applications are accepted electronically.
   g.  Recommendations for eliminating the permit or a procedural stage of the permit approval process.
   h.  Recommendations for an appropriate processing timeline.
   2.  An agency shall, within ninety days of completing the audit, initiate the process to eliminate any permit with five or fewer issuances per year that are not required by statute, unless the director waives the requirement for the permit.
   3.  An agency shall, within ninety days of completing the audit, initiate the process to eliminate or consolidate any permits that serve substantially similar purposes or require substantially similar information and that are not required by statute.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes a permit transparency program (program) under the administration of the department of inspections, appeals, and licensing (department). The department must establish standards for permit processing timelines, provide technical assistance to agencies in mapping permit approval processes, develop standardized metrics for measuring permit approval efficiency, recommend statutory or regulatory changes for improving permit processes, and maintain an inventory of each active permit type issued by an agency. For purposes of the bill, an agency is a board, commission, committee, or council under the purview of the department.
   The bill establishes a permit transparency coordination committee composed of members from each agency that issues permits. The committee must meet at least quarterly to share best practices in permit processing, identify opportunities for interagency collaboration, and make recommendations for improving permitting processes.
   The bill requires the director of the department (director) to develop and maintain a publicly accessible online permit transparency portal that includes a searchable database with information about each permit type offered by an agency, the ability to submit an application electronically, and the ability to pay an application fee electronically, among other features.
   The director must submit to the governor and the general assembly an annual permitting efficiency report and work with agencies to establish processing timelines for each type of permit.
   The bill requires each agency to designate a liaison to coordinate with the program, integrate agency permit processes with the permit transparency portal, establish a timeline for each procedural stage in the permit approval process, and accept electronic submissions of applications and supporting documentation to the extent practicable. Within 10 business days of receiving an application, an agency must notify the applicant of any deficiency in the application, citing the applicable rule or statute, and advise the applicant how to remedy the deficiency.
   Within 180 days of July 1, 2026, each agency must submit to the director an audit of each permit issued by the agency. Within 90 days of completing the audit, an agency must initiate the process to eliminate any permit with five or fewer issuances per year that is not required by statute, unless the agency receives a waiver from the director, and any permits that serve substantially similar purposes or require substantially similar information and that are not required by statute.