Signed by Governor Rick Snyder

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that establishes new state environmental rules committees.

Highlights:

• Establishes the Environmental Permit Review Commision in the Department of Environmental Quality (Sec. 1313).

• Requires the Commision to consist of 15 individuals appointed by the governor within 60 days after the passage of this act (Sec. 1313).

• Requires each member of the commission to have 1 or more of the following:

• 6 years of full-time relevant experience as a practicing engineer, geologist, hydrologist, or hydrogeologist and is licensed or registered to practice by the state, tribe, or US Territory or the Commonwealth of Puerto Rico; or

• A master’s degree from an accredited institution of higher education in a discipline of engineering or science related to air or water and the equivalent of 8 years of full-time relevant experience.

• Prohibits an individual from being a member of the commision if any of the following apply (Sec. 1313):

• The individual is currently employed in any office, department, or agency of the state;

• The individual is a party to 1 or more contacts with the Department of Environmental Quality and the compensation paid under those contracts in any of the preceding 3 years represented more than 5 percent of the individual’s annual gross income in the preceding year

• The individual is employed by an entity that is a party to 1 or more contracts with the department and the individual’s employer under those contracts in any of the preceding three years 3 years represented more than 5 percent of the employer’s annual gross revenue in that preceding year.

• The individual was employed by the department within the preceding 3 years.

• Requires an individual appointed to the commission to serve a 4 year term and may be reappointed (Sec. 1313)

• Specifies that after an individual serves on the commission for  2 consecutive terms the individual is not eligible to serve on the commission for 2 years (Sec. 1313).

• Requires the terms to be staggered for individuals appointed to the commission so that (Sec. 1313):

• 5 terms expire in 2 years;

• 5 expire in 3 years; and

• 5 terms expire in 4 years.

• Authorizes the governor to remove a member of the commission for either of the following (Sec. 1313):

• Incompetence;

• Dereliction of duty;

• Wrongdoing;

• Transgression;

• Failing to perform an act that is required by law while in office; or

• Any other good cause.

• Requires individuals appointed to the commission to serve without compensation (Sec. 1313)

• Authorizes members of the commission to receive reimbursement for their actual and necessary expenses incurred in the performance of their official duties as members of the commision (Sec. 1313).

• Requires the commission to conduct public meeting (Sec. 1313).

• Authorizes a permit applicant to seek a review by a panel by submitting a petition to the Director of the Department of Environmental Quality before the permit has been approved or denied, with the petition including (Sec. 1315):

• Relevant Facts;

• Any Data;

• Any Analysis;

• Any Opinion; and

• Supporting documentation.

• Authorizes the director to contact the petitioner regarding the issuing in dispute and negotiate for a period not exceeding 45 days, a resolution to the dispute, if the director believes the dispute can be solved without the panel (Sec. 1315).

• Requires the panel to be held within 45 days after the director received the petition, with 3 members of the commission being selected by the director to serve on the panel based on their relative experience (Sec. 1315).

• Requires that to serve on the panel, the commision member must submit a form not to accept employment from the petitioner before 1 year after a decision is rendered on the matter (Sec. 1315).

• Requires the members of the panel to select a chairperson (Sec. 1315).

• Requires a majority of the votes on the panel to conduct official action (Sec. 1315).

• Requires the panel to provide a written notice of recommendations to the director and the petitioner within 45 days after the hearing on the petition (Sec. 1315).

• Requires the director to come to a decision within 60 days after receiving the written notice from the panel (Sec. 1315).

• Requires the department to incorporate the recommendation into the terms of the permit if the direct agrees with the recommendations (Sec. 1315).

• Requires that if the direct disagrees with the recommendation, the direct will include specific rationale for rejecting the recommendation in the written decision (Sec. 1315).

• Prohibits a member of the commision from participating in the panel if there is a conflict of interest, which include (Sec. 1315):

• The applicant has hired that member or the member’s employer on any environmental matter within the previous 3 years;

• The member has been an employee of the applicant within the previous 3 years;

• The member has more than 1% ownership interest in the applicant.

• Requires an administrative law judge to preside, and make and issue the final decision in the case of a contested permit (Sec. 1317).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass with amendment a bill that establishes new state environmental rules committees.

Highlights:

• Establishes the Environmental Permit Review Commision in the Department of Environmental Quality (Sec. 1313).

• Requires the Commision to consist of 15 individuals appointed by the governor within 60 days after the passage of this act (Sec. 1313).

• Requires each member of the commission to have 1 or more of the following:

• 6 years of full-time relevant experience as a practicing engineer, geologist, hydrologist, or hydrogeologist and is licensed or registered to practice by the state, tribe, or US Territory or the Commonwealth of Puerto Rico; or

• A master’s degree from an accredited institution of higher education in a discipline of engineering or science related to air or water and the equivalent of 8 years of full-time relevant experience.

• Prohibits an individual from being a member of the commision if any of the following apply (Sec. 1313):

• The individual is currently employed in any office, department, or agency of the state;

• The individual is a party to 1 or more contacts with the Department of Environmental Quality and the compensation paid under those contracts in any of the preceding 3 years represented more than 5 percent of the individual’s annual gross income in the preceding year

• The individual is employed by an entity that is a party to 1 or more contracts with the department and the individual’s employer under those contracts in any of the preceding three years 3 years represented more than 5 percent of the employer’s annual gross revenue in that preceding year.

• The individual was employed by the department within the preceding 3 years.

• Requires an individual appointed to the commission to serve a 4 year term and may be reappointed (Sec. 1313)

• Specifies that after an individual serves on the commission for  2 consecutive terms the individual is not eligible to serve on the commission for 2 years (Sec. 1313).

• Requires the terms to be staggered for individuals appointed to the commission so that (Sec. 1313):

• 5 terms expire in 2 years;

• 5 expire in 3 years; and

• 5 terms expire in 4 years.

• Authorizes the governor to remove a member of the commission for either of the following (Sec. 1313):

• Incompetence;

• Dereliction of duty;

• Wrongdoing;

• Transgression;

• Failing to perform an act that is required by law while in office; or

• Any other good cause.

• Requires individuals appointed to the commission to serve without compensation (Sec. 1313)

• Authorizes members of the commission to receive reimbursement for their actual and necessary expenses incurred in the performance of their official duties as members of the commision (Sec. 1313).

• Requires the commission to conduct public meeting (Sec. 1313).

• Authorizes a permit applicant to seek a review by a panel by submitting a petition to the Director of the Department of Environmental Quality before the permit has been approved or denied, with the petition including (Sec. 1315):

• Relevant Facts;

• Any Data;

• Any Analysis;

• Any Opinion; and

• Supporting documentation.

• Authorizes the director to contact the petitioner regarding the issuing in dispute and negotiate for a period not exceeding 45 days, a resolution to the dispute, if the director believes the dispute can be solved without the panel (Sec. 1315).

• Requires the panel to be held within 45 days after the director received the petition, with 3 members of the commission being selected by the director to serve on the panel based on their relative experience (Sec. 1315).

• Requires that to serve on the panel, the commision member must submit a form not to accept employment from the petitioner before 1 year after a decision is rendered on the matter (Sec. 1315).

• Requires the members of the panel to select a chairperson (Sec. 1315).

• Requires a majority of the votes on the panel to conduct official action (Sec. 1315).

• Requires the panel to provide a written notice of recommendations to the director and the petitioner within 45 days after the hearing on the petition (Sec. 1315).

• Requires the director to come to a decision within 60 days after receiving the written notice from the panel (Sec. 1315).

• Requires the department to incorporate the recommendation into the terms of the permit if the direct agrees with the recommendations (Sec. 1315).

• Requires that if the direct disagrees with the recommendation, the direct will include specific rationale for rejecting the recommendation in the written decision (Sec. 1315).

• Prohibits a member of the commision from participating in the panel if there is a conflict of interest, which include (Sec. 1315):

• The applicant has hired that member or the member’s employer on any environmental matter within the previous 3 years;

• The member has been an employee of the applicant within the previous 3 years;

• The member has more than 1% ownership interest in the applicant.

• Requires an administrative law judge to preside, and make and issue the final decision in the case of a contested permit (Sec. 1317).

Full Bill Text