05 LC 25
3886
House
Bill 401
By:
Representatives Wix of the
33rd,
Hanner of the
148th,
Parrish of the
156th,
and Morris of the
155th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 4 of Chapter 5 of Title 12 of the Official Code of
Georgia Annotated, relating to general provisions relative to coastal waters,
beaches, and sand dunes, so as to provide for timely decision making by state
agencies regarding applications for certain state permits or variances; to
provide an effective date; to provide for applicability; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to general provisions relative to coastal waters, beaches,
and sand dunes, is amended by adding a new Code section to read as
follows:
"12-5-210.1.
(a)
As used in this Code section, the term:
(1)
'State agency' means this state and any of its departments, boards, authorities,
bureaus, and commissions having administrative authority under this article.
(2)
'State permit' means any permit, license, or approval, whether required by
federal or state law, which is administered by a state agency under this
article.
(b)
A state agency shall notify the applicant for any state permit or variance from
state permit requirements within 30 days of receipt of the application as to the
completeness of the application and, if the state agency finds the same to be
incomplete, what specific additional materials the applicant need submit to make
the application complete. The state agency shall grant or deny any state permit
or variance within 90 days after receipt of all required application materials
by the state agency, provided that the state agency may for any application
order not more than one extension of time of not more than 60 days within which
to grant or deny the state permit or variance. When any application for a state
permit or variance is pending before the state agency and the state agency has
not either granted or denied the permit or variance within the time specified
for the state agency to do so, the state agency shall immediately refund any and
all fees which were required to be submitted by the applicant as a condition of
the permit application, except for any fees required to be levied pursuant to
federal law. Such fee refund shall not otherwise affect the application process,
and the application shall be granted, denied, or otherwise handled as it
otherwise would have been, except that the fee requirement shall be
waived.
(c)
Failure by the state agency to make a decision to issue or deny a state permit
or variance application within 18 months from the date a completed state permit
or variance application is received shall be considered a refusal to issue or
grant, and the applicant may request review of such decision as otherwise
provided by law. If the applicant does not request such review within 30 days
after the expiration of such 18 month period, then the permit shall be denied as
a final state agency
action."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
This
Act shall apply to any application to a state agency for a state permit or
variance under Part 1 of Article 4 of Chapter 5 of Title 12 of the Official Code
of Georgia Annotated which application is pending on or after the effective date
of this Act; provided, however, that any such application which as of the
effective date of this Act has been completed and pending for 18 months or
longer shall be deemed to have been denied as of the effective date of this Act
for purposes of the
applicant́s
eligibility to request review of such decision under subsection (c) of Code
Section 12-5-210.1 as enacted by this Act.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.