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Session 126 (2025-2026) Bill Number H 3309 - Amendment Number 4A Considered 22-APR-2025 |
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Senator Davis proposes the following amendment (LC-3309.HA0061S):
Amend the bill, as and if amended, SECTION 12.A., by striking Section 58-37-120(A) and inserting:
(A) Any agency presented with ana complete application for a permit for an energy infrastructure project shall promptly provide a public comment period and shall issue a decision on the application no later than six months after the date the complete application is received by the agency. If the agency fails to take final action within six months of receipt of the complete application, the application shall be deemed approved, and the agency shall promptly issue documentation that the applicant may reasonably request establishing that the agency has granted the relief requestedof such approval.Amend the bill further, SECTION 12.A., by striking Section 58-37-120(D) and inserting:
(D) Upon receipt of an application, the agency shall promptly review it for sufficiency and shall provide the applicant with a list of all technical and administrative deficiencies within thirty days of receipt, or if a public comment period is required, fifteen days from the end of the comment period. The identification of by the agency of deficiencies in the application shall not toll the six-month period for agency determination.Amend the bill further, SECTION 12.A., by striking Section 58-37-130 and inserting:
Section 58-37-130. The applicant or any person whose private rights are affected by an agency decision or action on an application for a permit for any energy infrastructure project may appeal that decision or action to the South Carolina Supreme Court. The Supreme Court shall hear these appeals as a direct appeal in accordance with the South Carolina Appellate Court Rules Rule 203. The Court shall provide for an expedited briefing and hearing of the appeal, in preference to all other nonemergency matters on its docket, and decide such appeals on an expedited basis. Any agency decision or action that is subject to a contested case review before the Administrative Law Court, pursuant to Section 1-23-600 et. seq., shall be appealable under this section upon issuance of an appealable order by the Administrative Law Court.Renumber sections to conform.
Amend title to conform.