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AR HB1687

Bill

Status

Passed

4/10/2013

Primary Sponsor

David Branscum

Click for details

Origin

House of Representatives

89th General Assembly (2013 Regular)

AI Summary

  • Allows parties to appeal Arkansas Pollution Control and Ecology Commission decisions directly to the Court of Appeals within 10 business days of notice, instead of requiring initial circuit court review.

  • Modifies permit appeal procedures to automatically stay permit issuance, modification, or revocation during commission appeal, unless the commission grants, modifies, or terminates a stay based on substantial prejudice to a party.

  • Requires the commission to render final decisions on stay applications within 30 days of receipt and establishes expedited procedures for temporary variances and interim authority appeals, with final decisions due within 30 days unless parties agree otherwise.

  • Reduces public notice timeframe for temporary variance and interim authority decisions from 10 days to 5 business days and clarifies that the 10-day public notice requirement does not apply to extensions of temporary variances.

  • Adds the owner or operator of the affected business as an original party to appeals and requires venue provisions to apply except when appeals are transferred to the Court of Appeals under the new direct appeal option.

Legislative Description

To Streamline The Process For Review Of Certain Determinations Of The Arkansas Department Of Environmental Quality And The Arkansas Pollution Control And Ecology Commission; And To Make Conforming Changes.

Last Action

Notification that HB1687 is now Act 1021

4/10/2013

Committee Referrals

Public Health, Welfare And Labor3/25/2013
Public Health, Welfare and Labor3/5/2013

Full Bill Text

No bill text available