Gov. Mike Dunleavy published Administrative Order 360 in early August to reduce “administrative and economic burdens associated with regulatory compliance.” But the order is more likely to slow down rather than speed up decisions we need for sustainable energy, as well as weakening protections for the ecosystems Alaskans depend on. It requires the Department of Natural Resources, Department of Environmental Conservation, and Department of Fish and Game to include a “provision for automatic approval if deadlines are not met” in all permits. In plain language: if agencies miss a deadline, permits are rubberstamped without review. Merit, expertise, and public input are thrown out the window in favor of arbitrary timelines—a loophole that makes it far easier for harmful projects to move forward unchecked.
The order also sets the vague and hard-to-measure goal for all agencies to “reduce the number of regulatory requirements by 15 percent by December 31, 2026, and 25 percent (cumulative) by December 31, 2027,” and designate a staff person to make quarterly reports on progress. This is busy work, but the truly counterproductive part of Order 360 requires state agencies to have “all anticipated rulemaking actions” pre-approved by the Governor’s office before the start of every fiscal year.
To see how the Order cuts the legs off important decisions, look no further than the Regulatory Commission of Alaska (RCA), the agency that ensures utility customers get a fair deal with the monopolies that provide their electricity, gas, and other services. The order is already obstructing the RCA’s writing of rules for utilities to set up community solar programs. Community solar, approved by the legislature in 2024, lets Alaskans get the benefits of home solar without owning panels by subscribing to solar installations outside their property. Utilities, prospective solar developers, and Alaskans who could be taking advantage of this arrangement to hedge against rising electricity costs are waiting on the rules to be written before making deals and investments. The RCA has been considering various draft rules since late 2024, but now progress is delayed while commissioners wait to learn whether the Governor’s office will grant a waiver from the order, or whether they’ll need to get his approval to continue working on community solar rules.
If the RCA now has to anticipate everything they’ll be making rules about a year in advance in order to get the governor’s permission… well, many words come to mind, but “efficiency” isn’t one of them. Likewise for every other agency charged with responding to novel problems and emerging opportunities. The order lets the state default on its responsibility to protect ecosystems while hindering it from actions that could benefit them.
Tell your legislators you’d like them to stand up against this bad idea by seeking legislative oversight over orders with wide-reaching consequences.