HB644: HB644 Environmental Protection Division; authorize director to investigate and consider out-of-state regulatory history when processing applications for certain permits

Currently, when the director of Georgia's Environmental Protection Division reviews applications for permits covering air quality, water quality, solid waste, and similar environmental matters, the law does not explicitly say the director can look at how an applicant behaved in other states. This bill changes that by amending O.C.G.A. § 12-2-2. The bill adds a new provision allowing the director to deny a permit application under Chapters 4, 5, 7, or 9 of Title 12 (Georgia's environmental laws covering things like air quality, water quality, and waste management) if the applicant's regulatory history, including violations of environmental laws and any criminal or civil penalties incurred in another state, warrants denial. The bill does not set specific criteria beyond directing the director to consider this history during the application process. It repeals any conflicting laws.

• Adds a new subparagraph to O.C.G.A. § 12-2-2 letting the EPD director investigate an applicant's out-of-state regulatory history when reviewing certain permit applications.
• Allows the director to deny a permit under Title 12, Chapters 4, 5, 7, or 9 (covering areas like air, water, and waste regulation) based on that history.
• Specifies that relevant history includes prior violations of environmental laws or regulations and any criminal or civil penalties incurred in any other state.
• Repeals any existing laws that conflict with this new authority.

Businesses and individuals applying for environmental permits in Georgia under Title 12, Chapters 4, 5, 7, or 9, particularly companies that operate across multiple states, and the Environmental Protection Division director, who gains new discretion in reviewing those applications.

Companies with a record of environmental violations or penalties in other states could now face permit denial in Georgia based on that history, even if their Georgia record is clean. This gives the EPD director broader discretion to screen applicants before they begin operating in the state.

• Section 1 amends O.C.G.A. § 12-2-2(c)(1) by adding a new subparagraph (C) giving the director authority to deny permits based on out-of-state regulatory history.
• The provision applies specifically to permits issued under Title 12, Chapters 4, 5, 7, or 9 of the Georgia Code.
• The considered history includes violations of environmental laws or regulations and any criminal or civil penalties incurred by the applicant in any other state.
• Section 2 repeals any conflicting laws, a standard closing provision.

1. 2025-02-28House Second Readers (House)
2. 2025-02-27House First Readers (House)
3. 2025-02-26House Hopper (House)

• Rick Townsend (R, HD-179)Primary sponsor
• Ron Stephens (R, HD-164)
• Debbie Buckner (D, HD-137)
• Darlene Taylor (R, HD-173)
• Alan Powell (R, HD-033)
• Al Williams (D, HD-168)

• environmental permits
• Environmental Protection Division
• business regulation
• permit denials
• state environmental law