HB 1072: Environmental Protection Division; authorize director to investigate and consider out-of-state regulatory history when processing applications for certain permits

Currently, Georgia's Environmental Protection Division reviews permit applications largely based on Georgia law and the applicant's record within the state. This bill changes that by amending O.C.G.A. § 12-2-2 to give the division's director explicit authority to look at an applicant's history in other states when deciding whether to grant permits under Chapters 4, 5, 7, or 9 of Title 12, which cover areas such as air quality, water quality, and other environmental permitting programs. The director could deny a permit if an applicant's out-of-state history of environmental violations or civil or criminal penalties shows that denial is warranted. The bill also lets the director investigate an applicant's regulatory compliance history in other states and require applicants to submit a compliance history disclosure form prepared by the department at the time they apply. The bill does not set a specific effective date beyond the standard process, and it repeals any conflicting laws.

• Gives the Environmental Protection Division director new authority to deny permits under Chapters 4, 5, 7, or 9 of Title 12 based on an applicant's out-of-state regulatory history.
• Allows the director to investigate an applicant's history of environmental violations and civil or criminal penalties incurred in any other state.
• Authorizes the director to require applicants to submit a compliance history disclosure form, created by the department, at the time of application.
• Repeals any existing laws that conflict with these new provisions.

Businesses and individuals applying for permits under Georgia's air quality, water quality, and related environmental programs (Chapters 4, 5, 7, and 9 of Title 12), especially companies with operations or violation records in other states, and the Environmental Protection Division staff who review applications.

Companies seeking Georgia environmental permits could now face denial based on problems they had in other states, not just their record in Georgia. This gives the state a new tool to screen out applicants with troubled compliance histories elsewhere before they operate in Georgia.

• Section 1 adds a new subparagraph (C) to paragraph (1) of subsection (c) of O.C.G.A. § 12-2-2.
• Subparagraph (C)(i) permits the director to deny permits under Chapters 4, 5, 7, or 9 of Title 12 based on an applicant's out-of-state violations of environmental laws or civil or criminal penalties.
• Subparagraph (C)(ii) authorizes the director to investigate an applicant's regulatory compliance history in other states and to require submission of a compliance history disclosure form at the time of application.
• Section 2 repeals any laws in conflict with the Act.

1. 2026-02-02House Second Readers (House)
2. 2026-01-29House First Readers (House)
3. 2026-01-28House Hopper (House)

• Rick Townsend (R, HD-179)Primary sponsor
• Ron Stephens (R, HD-164)
• Lynn Smith (R, HD-070)
• Debbie Buckner (D, HD-137)
• Lehman Franklin (R, HD-160)
• Steven Sainz (R, HD-180)

• environmental permits
• Environmental Protection Division
• business regulation
• state permitting process