SB-0744, As Passed Senate, February 15, 2012
SENATE BILL NO. 744
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 1307 (MCL 324.1307), as amended by 2011 PA 236.
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
permit applicant, the department
may shall extend the
period for a permit by not more than
20%.120 days, as
specified by the applicant. If requested by the permit applicant,
the department may extend the processing period beyond the
additional 120 days. However, a processing period shall not be
extended under this subsection to a date later than 1 year after
the application period ends.
(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
(3) A denial of an application for a permit shall, to the
state with specificity specify all of the reasons
for the denial, including both of the following:
A specific reference to The
provisions of this act or
rules promulgated under this act providing the basis for the
(b) To the extent applicable, the scientific information
providing the basis for the denial.
(4) Except for permits described in subsection (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% 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
(5) If the department fails to satisfy the requirements of
subsection (1) with respect to a permit required by section 11509,
11512, 30304, or 32603, the application shall be considered to be
approved and the department shall be considered to have made any
determination required for approval.
(6) 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 (4) or is considered to have
approved a permit under subsection (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
(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) If the department fails to satisfy the requirements of
subsection (1) with respect to 10% or more of the applications for
a particular type of permit received during a quarter of the state
fiscal year, the department shall immediately devote resources from
that program to eliminate any backlog and satisfy the requirements
of subsection (1) with respect to new applications for that type of
permit within the next fiscal quarter.
(8) 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 (4) or a statement that the
department was required to consider the application to be approved
under subsection (5), as applicable.