SB-0275, As Passed House, November 10, 2011

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 275

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 1303, 1305, and 1311 (MCL 324.1303, 324.1305,

and 324.1311), as added by 2004 PA 325.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1303. (1) An application for a permit shall be submitted

to the department in a format to be developed by the department,

except as provided in section 30307 with respect to a state wetland

permit.

     (2) The department shall, upon request and without charge,

provide a person a copy of all of the following:

     (a) A list that specifies in detail the information required

to complete the permit application.

(b) (a) A blank permit application form.

(c) (b) In concise form, any instructions necessary to

complete the application.

(d) (c) A complete, yet concise, explanation of the permit

review process.

     (3) The department shall post the documents described in

subsection (2) on its website.

     Sec. 1305. (1) Effective 30 days after the state receives an

application for a permit, the application shall be considered to be

administratively complete unless After a department receives an

application for a permit, the department shall determine whether

the application is administratively complete. Unless the department

proceeds as provided under subsection (2), the application shall be

considered to be administratively complete when the department

makes that determination or 30 days after the state receives the

application, whichever is first.

     (2) If, before the expiration of the 30-day period under

subsection (1), the department notifies the applicant that the

application is not administratively complete, specifying the

information necessary to make the application administratively

complete, or notifies the applicant that a fee required to

accompany the application has not been paid, specifying the amount

due, the running of the 30-day period under subsection (1) is

tolled until the applicant submits to the department the specified

information or fee amount due. The notice shall be given in writing

or by electronic notification.

     (3) Subject to subsection (4), after an application for a

permit is considered to be administratively complete under this

section, the department shall not request from the applicant any

new or additional information that is not specified in the list

required under section 1303(2)(a) unless the request includes a

detailed explanation of why the information is needed. The

applicant is not required to provide the requested information as a

condition for approval of the permit.

     (4) After an application for a permit is considered to be

administratively complete under this section, the department may

request the applicant to clarify, amplify, or correct the

information required for the application. The applicant shall

provide the requested information.

     Sec. 1311. The By December 1 each year, 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.

     (h) If a department failed to satisfy the requirements of

section 1307(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 type of permit and percentage of applications for

which the requirements were not met, how the department attempted

to eliminate any backlog and satisfy the requirements of section

1307(1) with respect to new applications for that type of permit

within the next fiscal quarter, and whether the department was

successful.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4042 of the 96th Legislature is enacted into

law.