Substitute House Bill No. 6868 aims to improve the predictability of environmental permitting by amending existing laws related to general permits and watershed-level compensatory mitigation. The bill repeals the previous provision that allowed the Commissioner of Energy and Environmental Protection to extend general permits for an additional twelve months after their expiration. Instead, it allows the commissioner to keep a general permit active until a new one is issued or a decision is made not to issue a new permit, provided that notice is published at least 180 days before the expiration date. This change is designed to ensure that permits remain effective during the renewal process, thereby enhancing predictability for permit holders. Additionally, the bill introduces provisions that empower the commissioner to require watershed-level compensatory mitigation for activities affecting water resources, including the ability to mandate resource credits or participation in approved mitigation projects.

The bill also establishes new procedural requirements for petitioned hearings regarding licenses issued by the Department of Energy and Environmental Protection (DEEP). Most petitioned hearings will be classified as public informational hearings, exempt from the Uniform Administrative Procedures Act (UAPA), unless they allege aggrievement or unreasonable pollution. The bill requires DEEP to prepare a report assessing potential improvements to environmental reviews under the state Endangered Species Act, which must be submitted to the Environment Committee and posted on DEEP's website by February 1, 2026. The effective dates for various provisions are set, with the general permit provision effective from October 1, 2025, and the mitigation provision effective from July 1, 2025. Overall, the bill seeks to streamline environmental permitting while enhancing the protection of water resources without imposing any fiscal impact on the state or municipalities.

Statutes affected:
Governor's Bill:
ENV Joint Favorable:
File No. 456: