Senator Davis proposes the following amendment (SJ-3309.MB0009S):

Amend the bill, as and if amended, SECTION 12.A., by striking Section 58-37-120(A) and inserting:

 (A)(1) Any agency presented with an application for a permit for an energy infrastructure project shall promptly provide a public comment period and shall review and issue a decision on the application no later than six months after the date the application is received by the agency. If the agency fails to take undertake review of and take final action upon the application within the six month review period, months as defined in subsection (A)(3), of receipt of the application, the application shall be deemed approved, and the agency shall promptly issue documentation of such approvalthat the applicant may reasonably request establishing that the agency has granted the relief requested..
  (2) Within thirty days of receipt of an application, the agency shall determine if the application is complete. If the agency determines the application is incomplete, the agency will notify the applicant, and the applicant will have fifteen days to complete the application. The applicant and the agency may mutually agree in writing to extend the time period for completion of the application. After the fifteen days, or the mutually agreed upon date for completion, if the agency determines the application is incomplete, then the agency mayshall deny the application.
  (3) The six month review period shall commence upon the date of filing unless the application is deemed incomplete pursuant to subsection (A)(2). In the event the application as submitted is determined by the agency to be incomplete, the six month review period shall commence upon the date such application is determined by the agency to be complete, provided that such completion occurs within the period provided for in subsection (A)(2).

Amend the bill further, SECTION 12.A., by striking Section 58-37-130 and inserting:

 Section 58-37-130. (A) 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 South Carolina Appellate Court 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.
 (B) 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. Only after issuance of a final order by the Administrative Law Court regarding a contested case review pursuant to this Subsection may the decision by the Administrative Law Court be appealed to the South Carolina Supreme Court.

Renumber sections to conform.

Amend title to conform.