---
title: HB 1072. Environmental Protection Division; authorize director to investigate and consider out-of-state regulatory history when processing applications for certain permits
collection: bills
id: 2025-2026/hb1072
cite_as: HB 1072, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1072
md_url: https://georgiacommons.org/bills/2025-2026/hb1072.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1072/text
source_url: https://www.legis.ga.gov/legislation/72523
date: 2026-02-02
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1072.md?full=1
bill_number: HB 1072
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-01-28
last_action: House Second Readers
sponsors:
  - Rick Townsend
  - Ron Stephens
  - Lynn Smith
  - Debbie Buckner
  - Lehman Franklin
  - Steven Sainz
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1072/2025
upstream_id: 2100567
summaries_model: claude-sonnet-5
topic_tags:
  - environmental permits
  - Environmental Protection Division
  - business regulation
  - state permitting process
---

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

## Text

House Bill 1072
By: Representatives Townsend of the 179th, Stephens of the 164th, Smith of the 70th, Buckner
of the 137th, Franklin of the 160th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to
Environmental Protection Division, Environmental Advisory Council, duties of council and
its members and director, appeal procedures generally, permit applications, and inspections,
so as to authorize the director of the Environmental Protection Division to investigate and
consider out-of-state regulatory history when processing applications for certain permits; to
provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to Environmental
Protection Division, Environmental Advisory Council, duties of council and its members and
director, appeal procedures generally, permit applications, and inspections, is amended by
adding a new subparagraph to paragraph (1) of subsection (c) to read as follows:
<ins>"(C)(i) The director may deny an application for any permit issued pursuant to
Chapter 4, 5, 7, or 9 of this title if when processing the application the director
determines that the applicant's regulatory history, including, but not limited to, such
applicant's history of violations of environmental laws or regulations and any civil or
</ins>
<ins>criminal penalties incurred by such applicant in any other state, warrant denial of the
permit.
(ii) The director is authorized to investigate any permit applicant's regulatory
compliance history in any other state, which investigation may include environmental
laws and regulations and civil or criminal history. The director is also authorized to
require a permit applicant to submit, at the time of application, a completed
compliance history disclosure form as prepared by the department."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 1072 would let Georgia's Environmental Protection Division director deny certain environmental permits based on an applicant's regulatory violations or civil or criminal penalties in other states.

### Plain-language summary

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.

### What it does

- 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.

### Who it affects

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.

### Why it matters

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.

### Key provisions

- 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.

## Status

- Status: Introduced (2026-01-28)
- Last action: House Second Readers (2026-02-02)
- Sponsors: Rick Townsend, Ron Stephens, Lynn Smith, Debbie Buckner, Lehman Franklin, Steven Sainz
- Official page: https://www.legis.ga.gov/legislation/72523

> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1072.md?full=1
