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

26 LC 44 3387 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 An notated, relating to1 Environmental Protection Division, Environmental Advisory Council, duties of council and2 its members and director, appeal procedures generally, permit applications, and inspections,3 so as to authorize the director of the Environmental Protection Division to investigate and4 consider out-of-state regulatory history when processing applications for certain permits; to5 provide for related matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to Environmental9 Protection Division, Environmental Advisory Council, duties of council and its members and10 director, appeal procedures generally, permit applications, and inspections, is amended by11 adding a new subparagraph to paragraph (1) of subsection (c) to read as follows:12 "(C)(i) The director may deny an application for any permit iss ued pursuant to13 Chapter 4, 5, 7, or 9 of this title if when processing the appl ication the director14 determines that the applicant's regulatory history, including, but not limited to, such15 applicant's history of violations of environmental laws or regulations and any civil or16 H. B. 1072 - 1 - 26 LC 44 3387 criminal penalties incurred by such applicant in any other state, warrant denial of the17 permit.18 (ii) The director is authorized to investigate any permit appl icant's regulatory19 compliance history in any other state, which investigation may include environmental20 laws and regulations and civil or criminal history. The director is also authorized to21 require a permit applicant to submit, at the time of applicatio n, a completed22 compliance history disclosure form as prepared by the department."23 SECTION 2.24 All laws and parts of laws in conflict with this Act are repealed.25 H. B. 1072 - 2 -