Section 640.017

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 640

Effective - 28 Aug 2013, 2 histories   

  *640.017.  Unified permit schedule authorized for activities requiring multiple permits — director's duties — procedure — rulemaking authority. — 1.  Notwithstanding any other provision of law, for activities that may require multiple environmental state permits or certifications, an applicant may directly petition the director for purposes of approving or denying such permits or certifications, and for purposes of coordinating a unified permit schedule with the department which covers the timing and order to obtain such permits in a coordinated and streamlined process.  In determining the schedule, the department and applicant shall consider which permits are most critical for the regulated activity, the need for unified public participation for all of the regulated aspects of the permitted activity, the applicant's anticipated staging of construction and financing for the permitted activity, and the applicant's use of innovative environmental approaches or strategies to minimize its environmental impacts.

  2.  In order to facilitate a unified and streamlined permitting process, the director shall develop and implement a process to coordinate the processing of multiple environmental permits, certifications, or permit modifications from a single applicant.

  3.  The department may initiate the unified permits process for a class of similar activities by notifying any known applicants interested in those regulated activities of the intent to use the unified process.  To the extent practicable and consistent with the purposes of this section, the department shall coordinate with interested applicants on the unified permit schedule.

  4.  The process developed and implemented by the director shall include working with such applicants in an effort to help determine, at the earliest stage, all of the permits required for a specific proposed activity based on information provided by the applicant; additional information regarding the proposed activity may result in different permits being required.  The department shall inform applicants that a unified permitting schedule is available.  Any multiple-permit applicant may decline at any time to have its permits processed in accordance with the schedule and instead proceed on a permit-by-permit approach.  The department shall publicize the order and tentative schedule on the department's internet website.

  5.  Following the establishment of a unified permit schedule, the director shall notify the applicant in writing of the order in which the applicant shall obtain permits.  The department shall proceed to consider applications accordingly and may only modify the schedule with the consent of the applicant through the date of the public hearing.  Each application shall be reviewed by the department based solely on its own merits and compliance with the applicable law.

  6.  The department shall coordinate with the applicant, to the extent possible, to align the unified permit process so that all public meetings or hearings related to the permits are consolidated into one hearing in a location near the facility.

  7.  In furtherance of this section, the director may waive otherwise applicable procedural requirements related to timing as set forth in state environmental laws or rules found in this chapter and chapters 236, 259, 260, 444, 643, and 644, so long as:

  (1)  The public comment periods related to each permit are not shortened; and

  (2)  The unified permitting schedule does not impair the ability of the applicant or the department to comply with substantive legal requirements related to the permit application.

  8.  The director shall promulgate rules to implement the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.

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(L. 2008 S.B. 1181, et al., A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250.  H.B. 650 was vetoed July 12, 2013.  The veto was overridden on September 11, 2013.