HB1072: HB1072 Environmental Protection Division; authorize director to investigate and consider out-of-state regulatory history when processing applications for certain permits

Currently, when the Environmental Protection Division reviews applications for certain environmental permits, Georgia law does not explicitly say the director can look at an applicant's regulatory record outside Georgia. This bill amends O.C.G.A. § 12-2-2 to change that. The bill lets the director deny a permit application under Chapters 4, 5, 7, or 9 of Title 12 (which cover areas like air quality, water quality, and other environmental permitting programs) if the applicant's history in another state, including violations of environmental laws and any civil or criminal penalties, justifies denial. It also authorizes the director to investigate an applicant's out-of-state regulatory compliance history and to require applicants to submit a compliance history disclosure form prepared by the department at the time they apply. The bill repeals any conflicting laws but does not state a specific effective date beyond the standard process for new Georgia laws.

• Allows the Environmental Protection Division director to deny a permit application if the applicant's out-of-state history of environmental violations or penalties warrants denial.
• Applies this new denial authority to permits issued under Chapters 4, 5, 7, or 9 of Title 12 of Georgia law, which cover various environmental permitting programs.
• Authorizes the director to investigate an applicant's regulatory compliance history in other states, including environmental law violations and civil or criminal penalties.
• Lets the director require permit applicants to submit a compliance history disclosure form, created by the department, when they file their application.
• Repeals any existing Georgia laws that conflict with these new provisions.

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

Companies seeking Georgia environmental permits could now face denial based on problems they had in other states, not just Georgia. Applicants may also need to disclose more about their regulatory history upfront, which could add time or paperwork to the permitting process.

• Section 1 amends O.C.G.A. § 12-2-2 by adding a new subparagraph (C) to paragraph (1) of subsection (c).
• Subparagraph (C)(i) lets the director deny a permit under Chapters 4, 5, 7, or 9 of Title 12 based on an applicant's out-of-state violation history 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 a compliance history disclosure form at the time of application.
• Section 2 repeals all laws and parts of laws that conflict with the bill.

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 permitting
• Environmental Protection Division
• regulatory compliance
• business regulation