SB 1628 (Collins) and HB 1547 (McClure) revise exemptions from the application of SB 170, relating to local ordinances and business impact estimates, passed in the 2023 Legislative Session. The bills eliminate exemptions for ordinances adopted pursuant to Section 163, Part II, except for development orders, permits and agreements. Consequently, ordinances adopting land development regulations, comprehensive plan amendments and zoning changes are no longer exempt from the ordinance suspension and business impact requirements in current law. In addition, the bills create new requirements on local government actions that affect a business involved in “identified sectors.” Identified sectors are specified as supply chain security (e.g., ports, rail and roads) and the production, distribution, or storage of food or energy. A “local government action” is defined as the adoption or amendment of an ordinance or charter provision, or the denial of any authorization. The bills require local governments to minimize or eliminate potential negative impacts that a local government action will have on an identified sector. The bills authorize a business engaged in an identified sector to request a review by the Department of Agriculture, the Public Service Commission and the Department of Transportation of any local government action that is “likely to negatively impact” an identified sector. The appropriate agency must issue an “impact review” of the local government action within 45 days of the request to the business and to the local government. The bills require a local government to suspend enforcement of the local government action until the appropriate agency issues the impact review and until the local government holds a public hearing to consider the impact review. The bills specify factors that an agency must consider in developing an impact review and provide that an impact review does not constitute agency action under the Administrative Procedure Act. Specified local government actions are exempt from agency impact review. These exemptions are the same as the exemptions from the local ordinance in SB 170 passed in the 2023 Session, except as amended to further restrict the land use exemptions. The bills authorize agencies to adopt rules of procedure for impact review of local government actions, including through emergency rulemaking. The bills require the Office of Program Policy Analysis and Government Accountability to issue a report to the Governor and Legislature by December 2025 on the implementation and effectiveness of the impact review of local government actions. Finally, the bills specify that the new requirements apply to ordinances and charter provisions adopted after October 1, 2024. (O’Hara)