SB 645 - Under current law, the Administrative Hearing Commission (AHC) must make a recommended decision within 60 days of the filing date of an appeal of a decision made by an environmental commission. The act removes the 60-day timeframe and changes the requirement that the AHC must hold hearings and must make a recommended decision to allow the AHC discretion as whether it holds hearings or issues a recommended decision. Under current law, an environmental commission must issue its final decision with regard to an appeal that went to the AHC within 90 days of the date the appeal was filed. The act removes this timeframe.
Currently, if state law requires the Department of Natural Resources to issue an environmental permit within a certain timeframe and the Department fails to do so, it must issue the permit on the first day following the expiration of the timeframe. The act modifies this provision so that the requirement to automatically issue the permit only applies at the request of the permit applicant.
The act removes the requirement that any actions filed in a court of law seeking judicial review of final decisions made by the Air Conservation Commission or Clean Water Commission must be made in the court of appeals rather than in the circuit court.
The act is similar to TAT/SS/SCS/HB 1251 (2012).
ERIKA JAQUES