SB-0744, As Passed House, May 31, 2012

SUBSTITUTE FOR

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

the permit applicant, the department ~~may~~ shall extend the

processing 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

issued.

(3) A denial of an application for a permit shall, to the

extent practical, ~~state with specificity~~ specify all of the reasons

for the denial, including both of the following:

(a) ~~A specific reference to~~ The provisions of this act or

rules promulgated under this act providing the basis for the

denial.

(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

permit.

(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