Bill Text: MI SB0436 | 2009-2010 | 95th Legislature | Engrossed

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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 12-0)

Status: (Engrossed - Dead) 2009-06-18 - Referred To Committee On Great Lakes And Environment [SB0436 Detail]

Download: Michigan-2009-SB0436-Engrossed.html

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SB-0436, As Passed Senate, June 18, 2009

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 436

 

 

 

 

 

 

 

 

 

 

 

     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 or corrective action plan

 

with a licensed professional engineer approved by the department as

 

competent to process that type of permit, remedial action plan, or

 

corrective action plan. The licensed professional engineer shall

 

not be an employee of the permit applicant or the person proposing

 

the remedial action plan or corrective 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 or corrective 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 or corrective 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 or corrective 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 or corrective action plan within 21

 

days after receipt of the permit application or proposed remedial

 

action plan or corrective 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 or corrective action plan, the

 

department shall process the permit application or proposed

 

remedial action plan or corrective action plan within 21 days after

 

the hearing or consultation. After such a hearing or consultation,

 

a deadline under this subsection may be extended if agreed to by

 

the permit applicant or person proposing a remedial action plan or

 

corrective action plan. After such a hearing or consultation, the

 

department may request but shall not require from the permit

 

applicant or person proposing a remedial action plan or corrective

 

action plan any additional information pertaining to the permit

 

application or proposed remedial action plan or corrective action

 

plan. If the department fails to process a permit application or

 

proposed remedial action plan or corrective action plan by the

 

deadline required by this subsection, subject to any extension

 

under this subsection, the permit application or proposed remedial

 

action plan or corrective action plan shall be considered to be

 

approved.

 

     (4) If the department denies a permit application or rejects a

 

proposed remedial action plan or corrective 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 or corrective 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. The licensed professional engineer

 

who prepared findings and recommendations on the permit application

 

or proposed remedial action plan or corrective action plan has

 

standing in an action to appeal the department's grant or denial of

 

the permit application or approval or rejection of the proposed

 

remedial action plan or corrective action plan.

 

     (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 or corrective 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 or corrective 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 or corrective action plans.

 

     (c) The number denied.

 

     (8) Notwithstanding section 1301, as used in this section:

 

     (a) "Corrective action plan" means a corrective action plan as

 

described in section 21309a.

 

     (b) "Department" means the department of environmental

 

quality.

 

     (c) "Director" means the director of the department.

 

     (d) "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 30304, wetland activity permit.

 

     (vi) Section 31509, dam construction, repair, or removal

 

permit.

 

     (vii) Section 32503, bottomland dredging or spoils permit.

 

     (viii) Section 32723, water withdrawal permit.

 

     (ix) Section 35304, critical dune area use permit.

 

     (e) "Remedial action plan" means that term as defined in

 

section 20101.