SB-0275, As Passed Senate, May 18, 2011

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, 1307, and 1311 (MCL 324.1303,

324.1305, 324.1307, 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

Senate Bill No. 275 as amended May 17, 2011

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. 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% 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) If a 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) (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 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.