HB-4042, As Passed House, June 16, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 4042

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 1307 (MCL 324.1307), as added by 2004 PA 325.

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%. 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.

     (2) A denial of an application for a permit shall, include an

explanation to the extent practical, state with specificity all of

the reasons for the denial, and make including both of the

following:

     (a) A specific reference to 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.

     (3) Except for permits described in subsection (4), 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.

     (4) If the department fails to satisfy the requirements of

subsection (1) with respect to a permit under section 11509, 11512,

or 30307, the application shall be considered to be approved and

the department shall be considered to have made any determination

required for approval.

     (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) or is considered to have

approved a permit under subsection (4) 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), 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.

     (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) or a statement that the

department was required to consider the application to be approved

under subsection (4), as applicable.