1. (a) A person that:

   1. (1) holds a valid construction permit that is issued under this chapter and authorizes construction for a facility that has not been substantially developed; and

   2. (2) has not commenced construction within:

      1. (A) five (5) years after the date of the permit; or

      2. (B) another period established by rule or statute;

         must apply for a new construction permit and meet the requirements of all applicable environmental laws existing at the time the new permit is sought.

2. (b) A person that:

   1. (1) holds a valid construction permit that is issued under this chapter and authorizes construction at an operating facility; and

   2. (2) has not commenced construction within:

      1. (A) five (5) years after the date of the permit; or

      2. (B) another period established by rule or statute;

         must meet the requirements of all applicable environmental laws existing at the time construction is substantially commenced.

3. (c) The periods described in subsections (a) and (b) for a person to commence construction are tolled pending either of the following concerning the construction permit:

   1. (1) An administrative appeal.
   2. (2) A judicial review.

As added by P.L.205-2007, SEC.1.