THE GOVERNOR
GOVERNOR'S OFFICE
[ EXECUTIVE ORDER NO. 2023-07 ]
[53 Pa.B. 933]
[Saturday, February 18, 2023]
Building Efficiency in the Commonwealth's Permitting, Licensing and Certification Processes January 31, 2023
Whereas, eliminating barriers to economic development, professional opportunities and public health and safety is a priority for my administration; and
Whereas, increasing efficiency in the processing and the approval of Commonwealth-issued permits, licenses and certifications will remove unnecessary barriers for Pennsylvanians seeking to do business in the Commonwealth.
Now, Therefore, I, Josh Shapiro, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby order and direct the following:
1. Each Commonwealth agency, department, board, commission, office or council (Executive Agency) under the Governor's jurisdiction that issues permits, licenses or certifications shall compile a catalog of the types of permits, licenses or certifications it issues and submit that catalog to the Governor's Office within 90 days of the effective date of this Executive Order. The catalog shall include all of the following:
a. A description of each type of permit, license or certification issued by the Executive Agency, the term thereof, and the statutory, regulatory or other basis therefor.
b. The method by which the Executive Agency receives applications for each type of permit, license or certification (that is, paper, electronic or other method) and when that method was last significantly updated.
c. The statutory, regulatory or other legal authority governing the length of time within which the Executive Agency must process applications for each type of permit, license or certification.
d. The application fee charged by the Executive Agency for each type of permit, license or certification, and the statutory, regulatory or other legal authority therefor.
e. The Executive Agency's analysis and recommendation of the appropriate length of time to promptly process completed applications for each type of permit, license or certification. An application is complete after the applicant has properly and timely submitted all information required by the Executive Agency to act upon the application.
f. Other relevant information as requested.
2. Following receipt and review of the Executive Agency catalogs, information, recommendations and analyses, the Governor's Office will establish recommended, efficient application processing times for the various types of permits, licenses and certifications, as appropriate.
3. The Governor's Office will review the existing digital services used to apply for permits, licenses and certifications and offer recommendations on specific digital services where upgrades and modernization efforts could better serve Pennsylvanians and all other applicants.
4. Any Executive Agency under the Governor's jurisdiction, after having received a completed application, that exceeds the recommended application processing time as established under section 2, will refund the amount of the application fee to the extent permitted by law. The refund will have no bearing on the disposition of the underlying application. This Executive Order shall apply to applications received on or after the dates the recommended, efficient application processing times are established by the Governor's Office.
5. This Executive Order shall be implemented consistent with applicable law. Nothing in this Executive Order shall be construed to impair or otherwise affect the authority granted by law, regulation or executive order to an Executive Agency, or the head thereof. This Executive Order is not intended to, and does not create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its departments, agencies or entities, its officers, employees or agents, or any other person.
6. This Executive Order shall take effect immediately and shall remain in effect until amended or rescinded by the Governor.
Governor
Fiscal Note: GOV-2023-07. This action could result in reduced revenue or an increase in program costs to the commonwealth if established processing times are not met by applicable agencies. No fiscal impact to political subdivisions; recommends adoption.
[Pa.B. Doc. No. 23-208. Filed for public inspection February 17, 2023, 9:00 a.m.]
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