Sec. 10. (a) This section applies only:

(1) in a county that does not zone under IC 36-7-4; and

(2) to a facility:

(A) that is proposed to be constructed after April 1, 2008;

(B) that is not exempt under IC 13-20-1-1 from the demonstration of needs requirements of IC 13-20-1; and

(C) for which a permit for construction or operation is required under this article.

(b) If:

(1) a person submitted to the department before April 1, 2008:

(A) an application under this chapter for an original construction permit for a facility;

(B) a modification of an application under this chapter previously submitted to the department for an original construction permit for a facility; or

(C) an application under this chapter for modification of an original construction permit issued by the department under this chapter; and

(2) the department did not issue the permit or modified permit applied for as described in subdivision (1) before April 1, 2008;

the person must submit a new application for an original construction permit for the facility and meet the requirements of all applicable environmental laws existing at the time the new permit is sought.

(c) The fee under IC 13-20-21-3 does not apply to the new application for an original construction permit under subsection (b).

(d) The county executive of a county in which a facility is proposed to be located must adopt an ordinance approving the proposed facility location before the department may issue an original construction permit in response to:

(1) a new application for an original construction permit for the facility under subsection (b); or

(2) an application for an original construction permit for the facility submitted to the department after March 31, 2008.

As added by P.L.114-2008, SEC.17.