KRS 224.10-225: Facilitation of permits for coal -fired electric generation plants,

industrial energy facilities, and surface coal mining and reclamation

operations.

(1) The secretary of the Energy and Environment Cabinet shall facilitate the permitting

of:

(a) Coal-fired electric generation plants or industrial energy facilities in the

Commonwealth; and

(b) Upon request of the applicant, surface coal mining and reclamation operations

in the Commonwealth;

by developing procedures for one (1) stop shopping for environmental permits.

(2) Upon request by an applicant for environmental permits for an industrial energy

facility or a surface coal mining and reclamation operation, the secretary, in

consultation with the applicant, shall establish specific time per iods for actions to

be taken in the consideration of its permit applications. The time periods established

shall not exceed those adopted by administrative regulations promulgated pursuant

to KRS 224.10-220. Notwithstanding KRS 224.10 -420(2), failure by th e cabinet to

adhere to the time periods established pursuant to this section or established by

administrative regulations promulgated pursuant to KRS 224.10 -220 shall

constitute the making of a final determination of the cabinet, and the applicant, at its

election, may:

(a) Initiate an action for mandamus, declaratory judgment, or other specific relief

in the Circuit Court for the county in which the surface coal mining and

reclamation operation is located; or

(b) Initiate an administrative hearing under KRS 224.10-420(2).

(3) As used in this section, "surface coal mining and reclamation operations" has the

same meaning as in KRS 350.010.