Section 75-20-219 - Amendments to certificate(1)(a) Except as provided in 75-20-228, within 30 days after notice of an amendment to a certificate is given as set forth in 75-20-213(1), including notice to all active parties to the original proceeding, the department shall determine whether the proposed change in the facility would result in a material increase in any environmental impact of the facility or a substantial change in the location of all or a portion of the facility as set forth in the certificate.(b) Except as provided in 75-20-228, if the department determines that the proposed change would result in a material increase in any environmental impact of the facility or a substantial change in the location of all or a portion of the facility, the department shall grant, deny, or modify the amendment with conditions as it considers appropriate.(c) Except as provided in 75-20-228, if the department determines that a modification of the proposed amendment to the certificate is needed, it shall consult with the applicant.(2) Except as provided in 75-20-228, if those cases in which the department determines that the proposed change in the facility would not result in a material increase in any environmental impact or would not be a substantial change in the location of all or a portion of the facility, the department shall automatically grant the amendment either as applied for or upon terms or conditions that the department considers appropriate.(3) Except as provided in 75-20-228, if a hearing is requested under 75-20-223(2), the party requesting the hearing has the burden of showing by clear and convincing evidence that the department's determination is not reasonable.(4) Except as provided in 75-20-228, if an amendment is required to a certificate that would affect, amend, alter, or modify a decision, opinion, order, certification, or air or water quality permit issued by the department, the amendment must be processed under the applicable statutes administered by the department.Amended by Laws 2021, Ch. 553,Sec. 7, eff. 7/1/2021, and applicable retroactively, within the meaning of 1-2-109, to certificates issued on or after January 1, 1976.Amended by Laws 2017, Ch. 280,Sec. 2, eff. 10/1/2017.En. Sec. 7, Ch. 327, L. 1973; amd. Sec. 3, Ch. 268, L. 1974; amd. Sec. 39, Ch. 213, L. 1975; amd. Sec. 7, Ch. 494, L. 1975; R.C.M. 1947, 70-807(3); amd. Sec. 11, Ch. 676, L. 1979; amd. Sec. 1, Ch. 372, L. 1981; amd. Sec. 4, Ch. 312, L. 1987; amd. Sec. 222, Ch. 418, L. 1995; amd. Sec. 7, Ch. 293, L. 2001.