Bill Text: MI HB4908 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Environmental protection; permits; private sector review of certain environmental permits; establish. Amends secs. 1307 & 1311 of 1994 PA 451 (MCL 324.1307 & 324.1311) & adds sec. 1313.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2010-03-11 - Placed On Second Reading [HB4908 Detail]
Download: Michigan-2009-HB4908-Introduced.html
HOUSE BILL No. 4908
May 12, 2009, Introduced by Reps. Bolger, Horn, Green and Haines and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 1307 and 1311 (MCL 324.1307 and 324.1311), as
added by 2004 PA 325, and by adding section 1313.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1307. (1) By the processing deadline, the department
shall approve or deny an application for a permit. If requested by
the permit applicant, the department may extend the processing
period for a permit by not more than 20%.
(2) Approval of an application for a permit may be granted
with conditions or modifications necessary to achieve compliance
with the part or parts of this act under which the permit is
issued.
(3) (2)
A denial of an application for a
permit shall include
an explanation of the reasons for denial and make specific
reference to provisions of this act or rules promulgated under this
act providing the basis for denial.
(4) (3)
Except for permits described in
subsection (4) (5), if
the department fails to satisfy the requirements of subsection (1)
with respect to an application for a permit, the department shall
pay
the applicant an amount equal to 15% 50% of the greater of the
following, as applicable:
(a) The amount of the application fee for that permit.
(b) If an assessment or other fee is charged on an annual or
other periodic basis by the department to a person holding the
permit for which the application was submitted, the amount of the
first periodic charge of that assessment or other fee for that
permit.
(5) (4)
If the department fails to satisfy
the requirements of
subsection
(1) with respect to a permit under required by section
11509,
11512, or 30307 30304, the application shall be considered
to be approved and the department shall be considered to have made
any determination required for approval.
(6) (5)
The failure of the department to
satisfy the
requirements of subsection (1) or the fact that the department is
required
to make a payment under subsection (3) (4) or is
considered
to have approved a permit under subsection (4) (5) shall
not be used by the department as the basis for discriminating
against the applicant. If the department is required to make a
payment
under subsection (3) (4), the application shall be
processed in sequence with other applications for the same type of
permit, based on the date on which the processing period began,
unless the director determines on an application-by-application
basis that the public interest is best served by processing in a
different order.
(7) (6)
If the department fails to satisfy
the requirements of
subsection (1), the director shall notify the appropriations
committees of the senate and house of representatives of the
failure. The notification shall be in writing and shall include
both of the following:
(a) An explanation of the reason for the failure.
(b) A statement of the amount the department was required to
pay
the applicant under subsection (3) (4) or a statement that the
department was required to consider the application to be approved
under
subsection (4) (5), as applicable.
Sec. 1311. The director of the department shall submit a
report by December 1, 2005 and each year thereafter to the standing
committees and appropriations subcommittees of the senate and house
of representatives with primary responsibility for issues under the
jurisdiction of that department. The department shall post the
current report on its website. The report shall include all of the
following information for each type of permit for the preceding
fiscal year:
(a) The number of applications for permits the department
received.
(b) The number of applications approved, the number of
applications approved by the processing deadline, the number of
applications approved after the processing deadline, and the
average time for the department to determine administrative
completeness and to approve or disapprove applications.
(c) The number of applications denied, the number of
applications denied by the processing deadline, and the number of
applications denied after the processing deadline.
(d) The number of applications approved or denied after the
processing deadline that, based on the director's determination of
the public interest, were not processed in sequence as otherwise
required
by section 1307(5) 1307(6).
(e) The number of applications that were not administratively
complete when received.
(f) The amount of money refunded and discounts granted under
section 1307.
(g) The number of applications processed as provided in
section 1309.
Sec. 1313. (1) A person may file an application for a permit
or file a proposed remedial action plan with a licensed
professional engineer approved by the department as competent to
process that type of permit or remedial action plan. The licensed
professional engineer shall not be an employee of the permit
applicant or the person proposing the remedial action plan. Any fee
charged to the applicant by the licensed professional engineer for
review of a permit application is in addition to the department's
permit application fee as provided under subsection (3).
(2) The licensed professional engineer shall review the permit
application or proposed remedial action plan based on the relevant
standards set forth in this act and rules promulgated under this
act. If the licensed professional engineer determines that the
permit application or proposed remedial action plan meets the
relevant standards, the licensed professional engineer shall report
to the department and the permit applicant or person proposing the
remedial action plan its findings and recommendations, in writing.
(3) Notwithstanding the provisions of any other section of
this act, the department shall process the permit application or
proposed remedial action plan within 21 days after receipt of the
permit application or proposed remedial action plan, the licensed
professional engineer's findings and recommendations under
subsection (2), and any fee, which shall be 50% of the fee
otherwise established by this act or rules promulgated under this
act. However, if, pursuant to this act or rules promulgated under
this act, the department conducts a hearing or consultation on the
permit application or proposed remedial action plan, the department
shall process the permit application or proposed remedial action
plan within 21 days after the hearing or consultation. The
department shall not obtain an extension of a deadline under this
subsection or request from the applicant or person proposing the
remedial action plan any additional information pertaining to the
permit application or proposed remedial action plan. If the
department fails to process a permit application or proposed
remedial action plan by the deadline required by this subsection,
the permit application or proposed remedial action plan shall be
considered to be approved.
(4) If the department denies a permit application or rejects a
proposed remedial action plan contrary to the recommendation of a
licensed professional engineer under this section, within 15 days
after the denial or rejection, the department shall provide to the
permit applicant or the person proposing the remedial action plan a
written explanation of the reasons for denial including citations
to specific statutory provisions or rules promulgated under this
act providing the basis for denial or rejection. The explanation
shall be signed by the director.
(5) Within 270 days after the effective date of the amendatory
act that added this section, the department shall promulgate rules
to implement this section.
(6) The department shall maintain a list or lists of licensed
professional engineers eligible to conduct reviews of permit
applications or proposed remedial action plans under this section.
The department shall post each list on its website and update each
list at least every 30 days.
(7) The director shall submit a report by December 1, 2010 and
each year thereafter to the standing committees and appropriations
subcommittees of the senate and house of representatives with
primary responsibility for environmental issues. The department
shall post the current report on its website. The report shall
include all of the following information for each type of permit
application or proposed remedial action plan that the department
received with findings and recommendations of a licensed
professional engineer under this section for the preceding fiscal
year:
(a) The number received.
(b) The number approved, the number approved by the deadline
under subsection (3), the number approved because of failure to
meet the deadline under subsection (3), and the average time for
the department to approve or disapprove the permit applications or
proposed remedial action plans.
(c) The number denied.
(8) Notwithstanding section 1301, as used in this section:
(a) "Department" means the department of environmental
quality.
(b) "Director" means the director of the department.
(c) "Permit" means a permit required by any of the following
sections or rules promulgated thereunder:
(i) Section 3104, floodplain alteration permit.
(ii) Section 3112 or 3113, permit to discharge into waters of
this state.
(iii) Section 5505, air pollution permit to install or operate.
(iv) Section 30104, inland lakes and streams project permit.
(v) Section 31509, dam construction, repair, or removal
permit.
(vi) Section 32503, bottomland dredging or spoils permit.
(vii) Section 32723, water withdrawal permit.