SB 1665 — municipal development; permits; review
Last action — FAILED
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 56th Legislature - Second Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
279 added · 322 removedPlain-language change summary
The amendment to SB 1665 introduces a new provision allowing applicants for single-family residential building permits to have their applications reviewed by a qualified third party, which they can select. This change expands the options for who can conduct these reviews, moving away from requiring the review to be done by municipal employees only. Additionally, the time frame for a municipality to respond to these applications has shifted from a denial requirement to one of responding with revisions. This matters because it can help streamline the permitting process and reduce potential delays for homeowners looking to build, ultimately facilitating home construction in the community.
House Engrossed Senate BillEngrossed municipal development;
applicability;
IF A MUNICIPALITY DOES NOT APPROVE, CONDITIONALLY APPROVE OR RESPOND WITH REQUIRED ADDITIONS OR REVISIONS TO AN APPLICATION FOR A SINGLE-FAMILY RESIDENTIAL BUILDING PERMIT WITHIN FIFTEEN WORKING DAYS AFTER THE DATE THE APPLICATION IS SUBMITTED, ANY REQUIRED REVIEW OF THE APPLICATION MAY BE PERFORMED BY A QUALIFIED THIRD PARTY SELECTED BY THE APPLICANTAPPLICANT. PURSUANT TO THE REQUIREMENTS OF THIS SECTION.
THE QUALIFIED THIRD PARTY SELECTED BY THE APPLICANT MAY NOT BE THE APPLICANT, A PERSON WHOSE WORK IS THE SUBJECT OF THE APPLICATION OR A PERSON WITH A FINANCIAL OR PROPRIETARY INTEREST IN THE APPLICATIONWORK OR PROPERTY THAT IS THE SUBJECT OF THE APPLICATIONAPPLICATION. OTHER THAN COMPENSATION FOR THE WORK PERFORMED PURSUANT TO THIS SECTION.
ANA ENGINEERPERSON OR ARCHITECT WHO IS REGISTEREDEMPLOYED PURSUANTBY ANOTHER MUNICIPALITY TO TITLEREVIEW 32,RESIDENTIAL CHAPTERBUILDING 1.PERMIT APPLICATIONS.
A PERSON WHO IS CERTIFIED BY AN INTERNATIONALENGINEER COUNCILOR ONARCHITECT MODEL CODES AND STANDARDS FOR BUILDING SAFETY WITH A CREDENTIAL SPECIFIC TO THE RESIDENTIAL CODE ON SINGLE-FAMILY DWELLING CONSTRUCTION AND WHO ATTENDSIS AREGISTERED CLASSPURSUANT OFFERED BY THE MUNICIPALITY THAT EXCLUSIVELY REVIEWS THE MUNICIPALITY'S ADOPTED CODE AMENDMENTS RELATED TO SINGLE-FAMILYTITLE DWELLING32, CONSTRUCTION,CHAPTER IF1. THE MUNICIPALITY REQUIRES THE PERSON TO ATTEND THE CLASS AND IF THE CLASS IS OFFERED BY THE MUNICIPALITY AT LEAST ONCE A YEAR.
4.
A PERSON WHO IS CERTIFIED BY AN INTERNATIONAL COUNCIL ON MODEL CODES AND STANDARDS FOR BUILDING SAFETY.
IF A MUNICIPALITY DOES NOT CONDUCT AN INSPECTION REQUIRED AS A CONDITION OF OBTAINING A CERTIFICATE OF OCCUPANCY FOR A SINGLE-FAMILY RESIDENTIAL DWELLING UNIT WITHIN TWO WORKING DAYS AFTER AN INSPECTION REQUEST, THEANY REQUIRED INSPECTION MAY BE PERFORMED BY A QUALIFIED THIRD PARTY SELECTED BY THE APPLICANT.
THE QUALIFIED THIRD PARTY SELECTED BY THE APPLICANT MAY NOT BE THE APPLICANT,APPLICANT OR A PERSON WHOSE WORK IS THE SUBJECT OF THE APPLICATIONAPPLICATION. OR A PERSON WITH A FINANCIAL OR PROPRIETARY INTEREST IN THE APPLICATION OR PROPERTY THAT IS THE SUBJECT OF THE APPLICATION OTHER THAN COMPENSATION FOR THE WORK PERFORMED PURSUANT TO THIS SECTION.
A PERSON WHO IS CERTIFIED TO INSPECT BUILDINGS BY AN INTERNATIONAL COUNCIL ON MODEL CODES AND STANDARDS FOR BUILDING SAFETYSAFETY. WITH A CREDENTIAL SPECIFIC TO THE RESIDENTIAL CODE ON SINGLE-FAMILY DWELLING CONSTRUCTION AND WHO ATTENDS A CLASS OFFERED BY THE MUNICIPALITY THAT EXCLUSIVELY REVIEWS THE MUNICIPALITY'S ADOPTED CODE AMENDMENTS RELATED TO SINGLE-FAMILY DWELLING CONSTRUCTION, IF THE MUNICIPALITY - 1 - S.B.
1665 REQUIRES THE PERSON TO ATTEND THE CLASS AND IF THE CLASS IS OFFERED BY THE MUNICIPALITY AT LEAST ONCE A YEAR.
ANA ENGINEERPERSON OR ARCHITECT WHO IS REGISTEREDEMPLOYED PURSUANTBY TOTHE TITLEMUNICIPALITY 32,AS CHAPTERA 1.BUILDING INSPECTOR.
A PERSON WHO IS EMPLOYED BY AANOTHER THIRD-PARTYMUNICIPALITY VENDORAS THAT IS IDENTIFIED ON A LISTBUILDING OFINSPECTOR. APPROVED VENDORS BY THE MUNICIPALITY IF THE LIST OF APPROVED VENDORS HAS MORE THAN ONE VENDOR.
4.
AN ENGINEER OR ARCHITECT WHO IS REGISTERED PURSUANT TO TITLE 32, CHAPTER 1.
A THIRD PARTY WHO REVIEWS A SINGLE-FAMILY RESIDENTIAL BUILDING PERMIT APPLICATION OR WHO PERFORMS AN INSPECTION PURSUANTREQUIRED TO THISOBTAIN SECTIONA SINGLE-FAMILY RESIDENTIAL DWELLING UNIT CERTIFICATE OF OCCUPANCY SHALL DO BOTH OF THE FOLLOWING:
1.- 1 - S.B.
1665 1.
PROVIDE NOTICE TO THE MUNICIPALITY AND THE APPLICANT OF THE RESULTS OF THE REVIEW OR INSPECTION.
THEA APPLICANTPERSON MAY APPEAL TO THE GOVERNING BODY OF THE MUNICIPALITY ANY OF THE FOLLOWING:
AN APPEAL FILED PURSUANT TO SUBSECTION F OF THIS SECTION SHALL BE FILED IN THE MANNER REQUIRED BY THE MUNICIPALITY WITHIN FIFTEEN WORKING DAYS AFTER THE DATE OF THE DECISION ORBEING RESULTAPPEALED BEINGWAS APPEALED.MADE.
IF ATHE DECISIONGOVERNING ISBODY HEARING THE APPEAL DOES NOT RENDEREDAFFIRM THE DECISION BEING APPEALED WITHIN SIXTY WORKING DAYS AFTER THE APPEAL IS FILED, THE APPLICATION THAT IS THE SUBJECT OF THE APPEAL SHALL BE DEEMED APPROVED OR THE INSPECTION THAT IS THE SUBJECT OF THE APPEAL IS WAIVED.
THE APPLICANT IS RESPONSIBLE FOR ANY FEES AND COSTS ASSOCIATED WITH A THIRD-PARTY REVIEW OR INSPECTION AND SHALL PAY THE FEES AND COSTS EITHER DIRECTLY TO THE THIRD-PARTY VENDOR OR IN AN AGREED ALTERNATIVE MANNER.
THE MUNICIPALITY IS NOT RESPONSIBLE FOR ASSESSING OR COLLECTING ANY FEES OR COSTS ASSOCIATED WITH A THIRD-PARTY REVIEW OR INSPECTION CONDUCTED PURSUANT TO THIS SECTION.
- 2 - S.B.
1665 J.
THIS SECTION DOES NOT APPLY TO APPLICATIONS REQUIRED TO COMPLY WITH A HILLSIDE DEVELOPMENT ORDINANCE OR FOR FLOODPLAIN REVIEWS REQUIRED PURSUANT TO FEDERAL FLOODPLAIN REGULATIONS.
K.
THIS SECTION DOES NOT MODIFY THE AUTHORITY OF A BUILDING OFFICIAL TO WITHHOLD A CERTIFICATE OF OCCUPANCY IN ACCORDANCE WITH THE MUNICIPALITY'S ADOPTED CODES AND ORDINANCES.
L.
exemption;exemptions A.
definition A.
The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the municipality's website- or2 the- websiteS.B. of an association of cities and towns if the municipality does not have a website.
1665 website or the website of an association of cities and towns if the municipality does not have a website.
-7. 3 - S.B.
1665 7.
E.- 3 - S.B.
1665 E.
A municipality may consider an application withdrawn if, by fifteen days or more after the date of notice, as established by the municipality, the applicant does not supply the documentation or information requested or an -explanation 4of -why S.B.the information cannot be provided within the established time period.
Show all 71 changed lines (31 more)
1665 explanation of why the information cannot be provided within the established time period.
If a municipality issues a comprehensive written or electronic request or a supplemental request for corrections, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the municipality- receives4 the- correctionsS.B. from the applicant.
1665 municipality receives the corrections from the applicant.
EXCEPT FOR AN APPLICATION SUBMITTED FOR A CHANGE IN ZONING PURSUANT TO CHAPTER 4, ARTICLE 6 OR 6.1 OF THIS TITLE, A MUNICIPALITY MAY NOT DENY A LICENSE APPLICATION THAT IS NECESSARY FOR LAND DEVELOPMENT OR BUILDING CONSTRUCTION UNLESS THE MUNICIPALITY CONSIDERS THE APPLICATION WITHDRAWN.
-I. 5 - S.B.
1665 I.
An explanation of the applicant's right to resubmit the application, the total amount of fees that will be assessed if the applicant- resubmits5 the- applicationS.B. and the method in which those fees were calculated.
1665 applicant resubmits the application and the method in which those fees were calculated.
If a municipality MAKES MORE THAN ONE COMPREHENSIVE WRITTEN OR ELECTRONIC REQUEST FOR CORRECTIONS AND ONE SUPPLEMENTAL WRITTEN OR ELECTRONIC REQUEST FOR CORRECTIONS LIMITED TO PREVIOUSLY IDENTIFIED ISSUES OR IN RESPONSE TO MODIFICATIONS MADE BY THE APPLICANT OR does not issue the applicant the written or electronic notice granting, CONDITIONALLY GRANTING or denying a license within the overall time frame or within the mutually agreed on time frame extension, the municipality shall refund to the applicant all fees charged for reviewing and acting on the application for the license, and shall excuse payment of any fees that have not yet been paid.paid AND SHALL PAY ANY MONETARY DAMAGES RESULTING FROM THE DELAY.
The municipality shall not require an applicant to submit an application for a refund pursuant to this subsection.subsection BUT MAY REQUIRE EVIDENCE OF MONETARY DAMAGES.
The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension.extension AND THE PAYMENT FOR MONETARY DAMAGES SHALL BE MADE WITHIN THIRTY WORKING DAYS AFTER THE APPLICANT PROVIDES THE REQUIRED EVIDENCE.
If an application for a license is denied and the applicant resubmits the application for the same purposes with only revisions or corrections to the original application, the municipality shall not assess -any 6additional -application S.B.fees that exceed the cost of processing the resubmitted revisions or corrections.
1665 any additional application fees that exceed the cost of processing the resubmitted revisions or corrections.
A MUNICIPALITY MAY NOT MODIFY, RESCIND OR REQUEST ANY SUBSEQUENT MODIFICATIONS OR REVISIONS TO AN APPROVED PLAN OR PERMIT FOR LAND DEVELOPMENT OR BUILDING CONSTRUCTION DURING CONSTRUCTION IF THE CONSTRUCTION IS DONE IN ACCORDANCE WITH THE APPROVED PLAN OR PERMIT UNLESS THE MODIFICATION, RESCISSION OR REVISION IS ANY OF THE FOLLOWING:
1.
REQUIRED TO ADDRESS A FIELD CONDITION THAT WAS UNKNOWN WHEN THE PLAN OR PERMIT WAS REVIEWED.
2.
IS MADE AT THE REQUEST OF THE APPLICANT, THE APPLICANT'S DESIGNEE OR A SUBSEQUENT OWNER OR OWNER'S DESIGNEE IF THE PROPERTY THAT IS THE SUBJECT OF THE APPROVED PLAN OR PERMIT CHANGES OWNERSHIP.
FOR THE PURPOSES OF THIS PARAGRAPH, "APPLICANT" MEANS A PERSON THAT IS SEEKING APPROVAL OR HAS RECEIVED APPROVAL FROM A MUNICIPALITY FOR CONSTRUCTION OR LAND DEVELOPMENT ACTIVITIES.
3.
IS MADE BY THE MUNICIPALITY TO CORRECT NONCOMPLIANCE WITH AN OBJECTIVE CODE REQUIREMENT THAT WAS NOT IDENTIFIED BY A THIRD PARTY WHO CONDUCTED A PLAN REVIEW PURSUANT TO SECTION 9-469.
ANY AMBIGUITY OR NECESSARY INTERPRETATION SHALL BE CONSTRUED IN FAVOR OF THE APPROVED PLAN OR PERMIT.
N.
O.
1.- 6 - S.B.
1665 1.
"Subdivision" means improved or unimproved land or lands divided for the purposes of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is -involved, 7any -such S.B.property that is divided into two or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts.
1665 involved, any such property that is divided into two or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts.
P.- 7 -
FOR THE PURPOSES OF THIS SECTION, "OBJECTIVE" MEANS INVOLVING NO PERSONAL OR SUBJECTIVE JUDGMENT AND BEING UNIFORMLY VERIFIABLE BY REFERENCE TO AN EXTERNAL AND UNIFORM BENCHMARK, STANDARD OR CRITERION THAT IS AVAILABLE AND KNOWABLE TO THE APPLICANT AT THE TIME THE PLANS WERE SUBMITTED.
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View plain text versions (6)
- Engrossed Senate Engrossed Version pdf
- Engrossed House Engrossed Version Current pdf
- Amended HOUSE - Floor Amend to Bill - Gillette - passed pdf
- Amended HOUSE - Floor Amend to House Engrossed Bill - Gillette - passed pdf
- Amended SENATE - Gowan flr amend (ref Bill) adopted pdf
- Introduced Introduced Version pdf
Action History
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FAILED
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DPA
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PASSED
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DPA
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House Placed on Consent Calendar
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DP
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House Second Reading
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House First Reading.
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Transmit to House
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PASSED
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DPA
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DP
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Senate Second Reading
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Senate First Reading
Sponsors
- David Gowan · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 92 not signed on · 50 voted No
Sponsors (1)
- David Gowan Republican
Co-sponsors (0)
None.
Not signed on (92)
92 members have not signed on to this bill.
Show all 92 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 1 | 21 | 0 | 0 |
| Republican | 14 | 7 | 0 | 2 |
| Unaffiliated | 3 | 12 | 0 | 0 |
| Total | 18 | 40 | 0 | 2 |
| % of votes cast | 30% | 67% | 0% | 3% |
How each member voted (60)
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 5 | 6 | 0 | 0 |
| Unaffiliated | 5 | 3 | 0 | 0 |
| Republican | 10 | 1 | 0 | 0 |
| Total | 20 | 10 | 0 | 0 |
| % of votes cast | 67% | 33% | 0% | 0% |
How each member voted (30)
| Member | Party | Vote |
|---|---|---|
| Anna Hernandez | — | Yea |
| Anthony Kern | — | Yea |
| Christine Marsh | — | Nay |
| Juan Mendez | — | Nay |
| Justine Wadsack | — | Nay |
| Ken Bennett | — | Yea |
| Sine Kerr | — | Yea |
| Sonny Borrelli | — | Yea |
| Brian Fernandez | Democrat | Nay |
| Catherine Miranda | Democrat | Nay |
| Denise “Mitzi” Epstein | Democrat | Nay |
| Eva Burch | Democrat | Yea |
| Eva Diaz | Democrat | Nay |
| Flavio Bravo | Democrat | Yea |
| Lela Alston | Democrat | Nay |
| Priya Sundareshan | Democrat | Nay |
| Rosanna Gabaldón | Democrat | Yea |
| Sally Ann Gonzales | Democrat | Yea |
| Theresa Hatathlie | Democrat | Yea |
| David C. Farnsworth | Republican | Yea |
| David Gowan | Republican | Yea |
| Frank Carroll | Republican | Yea |
| J.D. Mesnard | Republican | Yea |
| Jake Hoffman | Republican | Nay |
| Janae Shamp | Republican | Yea |
| John Kavanagh | Republican | Yea |
| Shawnna Bolick | Republican | Yea |
| Thomas "T.J." Shope | Republican | Yea |
| Warren Petersen | Republican | Yea |
| Wendy Rogers | Republican | Yea |
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors SB 1665?
- SB 1665 is sponsored by David Gowan (Republican).
- What is the current status of SB 1665?
- This bill died with 56th Legislature - Second Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 1665?
- Track SB 1665 free on One Click Politics — get push/email alerts when it moves.
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