Section 13-20-10.5-3.5 - Period for determining prior approval(a) The department shall make a determination under section 1 of this chapter concerning prior approval for the construction or expansion of a biomass anaerobic digestion facility or biomass gasification facility for which the only input is biomass not later than ninety (90) days after the date on which the department receives the completed application for prior approval, including all required supplemental information, unless the department and the applicant agree to a longer time.(b) Subject to subsection (a), the department may conduct any inquiry or investigation that:(1) is consistent with the department's duties under this chapter; and(2) the department considers necessary; before making a determination under section 1 of this chapter.
(c) If the department fails to make a determination within the time frame provided in subsection (a), the applicant may request and receive a refund of the fee paid by the applicant when the application for prior approval was submitted. The department shall continue to review the application and approve or deny the application as soon as practicable.Added by P.L. 27-2024,SEC. 7, eff. 7/1/2024.