Bill Text: GA SB427 | 2011-2012 | Regular Session | Introduced
Bill Title: Administrative Procedure; require agency procedures for timely processing; applications for issuance/renewal of licenses
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2013-07-01 - Effective Date [SB427 Detail]
Download: Georgia-2011-SB427-Introduced.html
12 SB
427/AP
Senate
Bill 427
By:
Senators Tolleson of the 20th, Davis of the 22nd, Rogers of the 21st, Millar of
the 40th, Chance of the 16th and others
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to
the Environmental Protection Division, the director of the division, the
Environmental Advisory Council, appeal procedures generally, permit
applications, and inspections, so as to change certain provisions relating to
processing of applications for issuance or renewal of permits and variances; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 12-2-2 of the Official Code of Georgia Annotated, relating to the
Environmental Protection Division, the director of the division, the
Environmental Advisory Council, appeal procedures generally, permit
applications, and inspections, is amended by revising paragraph (1) of
subsection (c) as follows:
"(c)(1)(A)
The director shall issue all orders and shall grant, deny, revoke, or amend all
permits or variances provided for in the laws to be enforced by the division.
The director shall also issue any certification which is required by any law of
this state or the United States to be issued by the director, the Department of
Natural Resources, or the State of Georgia relating to pollution control
facilities or matters.
The director
shall develop and implement procedures for timely processing of applications
made to the division for issuance or renewal of permits or variances, including
but not limited to procedures for expedited review and granting of applications
upon payment of a fee in an amount established by the director to offset the
cost of expediting, all subject to compliance with requirements of law regarding
such applications. Such procedures shall also provide any applicant who has
applied to the division for issuance or renewal of a permit or variance with the
ability to securely track the status of his or her application, with real time
updates, via the division's Internet
website. The director shall notify all
permit or variance applicants within ten days of receipt of the application as
to the completeness of the application and, if the director finds the same to be
incomplete, what specific additional materials the applicant need submit to make
the application complete. The director shall notify applicants within ten days
of receipt of a completed application as to the name and address of the person
assigned to perform the review and the date, time, and location of the
application review. The director shall grant or deny any permit or variance
within 90 days after receipt of all required application materials by the
division, provided that the director may for any application order not more than
one extension of time of not more than 60 days within which to grant or deny the
permit or variance.
(B)(i)
The director may identify professionals qualified to review certain permit
applications in accordance with rules and regulations adopted by the board of
the Department of Natural Resources.
(ii)
A permit applicant may retain a qualified professional to review an application
prior to submittal to the division. If the qualified professional certifies an
application as complete, the division shall act expeditiously on the
application.
(iii)
A qualified professional certifying an application shall be independent of any
professional preparing the application.
(iv)
The applicant shall directly pay the fees of the qualified
professional.
(v)
The director may remove the qualified status of a professional if the
professional provides a certification for an inaccurate
application.
(C)
When any application for a permit or variance is pending before the director and
the director has not either granted or denied the permit or variance within the
time specified for the director to do so, the director shall immediately refund
any and all fees which were required to be submitted by the applicant as a
condition of the permit application, except for fees required to be levied
pursuant to federal law. Such fee refund shall not otherwise affect the
application process, and the application shall be granted, denied, or otherwise
handled as it otherwise would have been, except that the fee requirement shall
be waived."
SECTION
2.
This
Act shall become effective on July 1, 2013.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.