Require DEQ refund fees for subdivision review extensions
Impact
The enactment of SB225 will influence state laws governing subdivision development, particularly in the realm of fee structures administered by the DEQ. By ensuring refunds for extended deadlines, the bill intends to enhance accountability within the DEQ and promote fairer practices for applicants dealing with environmental regulatory processes. It aligns state law with the principles of financial fairness, where developers should not shoulder additional costs due to bureaucratic delays not caused by their actions.
Summary
Senate Bill 225, introduced by C. Glimm, mandates the Department of Environmental Quality (DEQ) to refund a portion of subdivision review fees when deadline extensions are requested. It alters Section 76-4-105 of the Montana Code Annotated, stipulating specific refund amounts based on the number of extensions requested by the DEQ. For the first extension, a 25% refund is provided; for the second, 50%; and any subsequent extensions would warrant a full refund of fees paid. This change aims to alleviate financial burdens on applicants whose subdivision timelines are impacted by administrative delays.
Contention
While there may not have been explicit opposition recorded during the legislative process, potential points of contention could arise from the implementation of the refund structure. Stakeholders might debate the efficacy and practicality of the refund percentage scales, especially in relation to administrative overhead for the DEQ while processing these refunds. Moreover, developers may have varying opinions on whether the level of refunds is adequate to address the disruptions they experience due to DEQ extensions.