HB 644: 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 processes permit applications for activities regulated under several chapters of state environmental law, including air quality, water quality, and waste management programs. This bill amends O.C.G.A. § 12-2-2 to give the division's director explicit authority to look beyond Georgia when deciding whether to grant a permit. Under the bill, the director could deny a permit application under Chapter 4, 5, 7, or 9 of Title 12 if the applicant's regulatory history in another state, including violations of environmental laws or regulations and any criminal or civil penalties, shows that denial is warranted. The bill does not set specific criteria beyond this general standard, leaving the determination to the director's judgment during the application review process.

• Adds a new provision to O.C.G.A. § 12-2-2 letting the Environmental Protection Division's director consider an applicant's out-of-state regulatory record when reviewing permit applications.
• Allows the director to deny a permit under Chapter 4, 5, 7, or 9 of Title 12 based on an applicant's history of environmental violations in another state.
• Allows denial based on criminal or civil penalties an applicant incurred in any other state, not just violations.
• Repeals any existing laws that conflict with this new authority.

Businesses and individuals applying for environmental permits in Georgia under Chapters 4, 5, 7, or 9 of Title 12, particularly companies with operations or violation histories in other states, and the Environmental Protection Division, which gains new discretion in reviewing applications.

Applicants with a track record of environmental violations or penalties in other states could now be denied a Georgia permit based on that history, even if they have no violations in Georgia. This gives the state a new tool to screen out-of-state operators before they begin business in Georgia.

• Section 1 adds a new subparagraph to paragraph (1) of subsection (c) of O.C.G.A. § 12-2-2.
• The new language applies specifically to permits issued under Chapter 4, 5, 7, or 9 of Title 12, covering various environmental programs.
• The director may deny a permit if the applicant's regulatory history, including violations of environmental laws or regulations, warrants denial.
• The provision also covers criminal or civil penalties incurred by the applicant in any other state.
• Section 2 repeals any conflicting laws, a standard provision with no specific effective date listed in the text.

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-33)
• Al Williams (D, HD-168)

• environmental permits
• Environmental Protection Division
• state regulation
• business licensing