§201N-4  Permit plan application;
coordinator; fee; pre-application conference.  (a)  The coordinator shall
establish and require the applicant to pay a fee for the coordinator's services
in overseeing the permit plan process.  The coordinator shall set the fee at an
amount sufficient to cover the costs and expenses of the coordinator,
coordinator's staff and any contractor contracted by the coordinator to assist
the applicant, and relevant state and county agencies, if necessary, to provide
input and advice on the state and county permits necessary for the facility and
in obtaining the permits.  Upon collection of the fee or periodically
thereafter, the coordinator, if necessary, shall transmit to each relevant
state or county agency the portion of the fee that reflects the cost to that
state or county agency for providing its input or advice or issuing the
required permits.



(b)  Before accepting a permit plan
application, the coordinator may hold a pre-application conference, without
regard to acceptance of the final environmental impact statement, with the
prospective applicant to discuss all the state and county permits necessary for
the facility and notify the prospective applicant of the information that must
be submitted for the necessary permits under the permit plan.  After receiving
a permit plan application, the coordinator shall accept the application after
determining that the application is complete and complies with the permit plan
format and procedure.



(c)  Within ten days of acceptance of a permit
plan application, the coordinator shall publish public notice of the acceptance
of the application in two consecutive publications of the office of
environmental quality control's environmental notice, published pursuant to
section 343-3.  The public notice shall include:



(1)  The name of the applicant;



(2)  The location of the proposed renewable energy
facility;



(3)  A summarized description of the facility;



(4)  The state and county permits required for the
facility; and



(5)  Any other information deemed necessary or
desirable by the coordinator.



(d)  In conjunction with the pre-application
conference, the initial public meeting, and any subsequent coordinating
meetings with permitting agencies, the coordinator shall compile a permit plan,
which shall include:



(1)  All state and county permits needed;



(2)  All applicant information required;



(3)  A plan for permits to be processed concurrently;



(4)  A list of required state and county technical
support and data required;



(5)  Agreement on timeline and coordination for
potential environmental impact statements and permit concurrence, review, and
issuance;



(6)  Agreement on conditions by which any timelines
may be extended; and



(7)  Agreement on cost reimbursement agreement.



(e)  The permit plan shall be a working
document, available to the public and posted on the department of business,
economic development, and tourism's website, and shall be regularly updated
with current information.  The permit plan shall be used to promote efficiency
and transparency in the permitting process and to achieve the purposes of this
chapter through efficiencies in processes and procedures, including the
coordinated and concurrent processing of permits where possible, while ensuring
opportunities for appropriate public comment and participation, including
hearings normally required for permits and mitigation of potential
environmental impacts.



(f)  The permit plan shall be designed to
ensure that all permits identified in the permit plan shall be processed and
either denied or approved no later than twelve months after the date that the
project permit plan application is accepted by the coordinator, subject to any
extensions that may be requested by the applicant.



(g)  Each appropriate state and county agency
shall diligently endeavor to process and approve or deny any permit in the
permit plan no later than twelve months after a completed permit plan
application is approved by the coordinator.  If the coordinator has given at
least thirty days written notice stating that the permit plan application is
subject to this section and a permit is not approved or denied within twelve
months after approval of a completed permit plan application, the permitting
agency, within thirty days following the end of the twelve-month period, shall
provide the coordinator with a report identifying diligent measures that are
being taken by the agency to complete processing and take action as soon as
practicable.  If no further processing and action are reported by the
permitting agency within five months following the end of the thirty-day agency
report period, the coordinator may deem the permit approved.  If a permitting
agency fails to provide this report identifying diligent measures and if the
permit has not been approved or denied within eighteen months following the
approval of a completed permit plan application by the coordinator, the permit
shall be deemed approved. [L 2008, c 207, pt of §2; am L 2009, c 155, §8]