Sec. 65.
(1) The environmental rules review committee is created as an independent body in the office.
(2) The environmental rules review committee consists of the director of the department of environmental quality, or his or her designee, the director of the department of health and human services, or his or her designee, the director of the department of agriculture and rural development, or his or her designee, and the director of the department of natural resources, or his or her designee, all of whom serve as nonvoting members, and the following voting members appointed by the governor by and with the advice and consent of the senate:
(a) One individual who represents the solid waste management industry.
(b) One individual who represents a statewide manufacturing organization.
(c) One individual who represents a statewide organization that represents small businesses.
(d) One individual who represents public utilities that engage in the generation, transmission, or distribution of electricity.
(e) One individual who represents a statewide environmental organization.
(f) One individual who represents the oil and gas industry.
(g) One individual who represents a statewide agricultural organization.
(h) One individual who represents local governments.
(i) One individual who represents a statewide land conservancy organization.
(j) Two individuals who represent the general public.
(k) One individual who is a public health professional.
(3) A voting member of the environmental rules review committee must possess knowledge, experience, or education that qualifies him or her to represent the represented constituency.
(4) An individual may not serve as a voting member of the environmental rules review committee if any of the following apply:
(a) The individual is an employee of any office, department, or agency of this state.
(b) The individual is a party to 1 or more contracts with the department of environmental quality and the compensation paid under those contracts in any of the preceding 3 years represented more than 5% of the individual's annual gross income in that preceding year.
(c) The individual is employed by a person that is a party to 1 or more contracts with the department of environmental quality and the compensation paid to the individual's employer under those contracts in any of the preceding 3 years represented more than 5% of the employer's annual gross revenue in that preceding year.
(d) The individual was employed by the department of environmental quality within the preceding 3 years.
(5) An individual who is a lobbyist agent under 1978 PA 472, MCL 4.411 to 4.431, may serve as a member of the environmental rules review committee only if the individual does not simultaneously receive compensation or reimbursement of actual expenses for lobbying from more than 1 person while serving as a member of the environmental rules review committee.
(6) Not more than 6 of the voting members of the environmental rules review committee may be members of the same political party.
(7) Subject to subsection (8), a voting member of the environmental rules review committee shall serve a term of 4 years, except that of the members first appointed, 4 shall each serve a term of 4 years, 4 shall each serve a term of 3 years, and 4 shall each serve a term of 2 years. A voting member of the environmental rules review committee must not be appointed to serve more than 3 consecutive 4-year terms but may be appointed again after not serving on the environmental rules review committee for 1 full term.
(8) The term of a voting member of the environmental rules review committee continues until a successor is appointed.
(9) The governor may remove a voting member of the environmental rules review committee for cause. Cause includes, but is not limited to, repeated failure to attend meetings.
(10) The governor shall appoint, by and with the advice and consent of the senate, a member to fill a vacancy in the voting membership of the environmental rules review committee created by either of the following:
(a) The death, resignation, or removal of a member before the member's term has expired. A member appointed under this subdivision shall serve for the remainder of the unexpired term.
(b) The expiration of a member's term.
(11) The environmental rules review committee shall not conduct any business or perform any duties while there is a vacancy in the voting membership of the environmental rules review committee, except as follows:
(a) If the vacancy is created by death, resignation, or removal, the environmental rules review committee may continue to conduct business and perform duties unless the governor does not appoint an individual to fill the vacancy within 90 days. If the governor does not appoint an individual to fill the vacancy within 90 days, the environmental rules review committee shall not conduct any business or perform any duties until the governor appoints an individual to fill the vacancy.
(b) If the vacancy is created by the senate's disapproval of an appointment under section 6 of article V of the state constitution of 1963, the environmental rules review committee may continue to conduct business and perform duties unless the governor does not appoint an individual to fill the vacancy within 90 days. If the governor does not appoint an individual to fill the vacancy within 90 days, the environmental rules review committee shall not conduct any business or perform any duties until the governor appoints an individual to fill the vacancy.
(12) The voting members of the environmental rules review committee shall serve without compensation but may be reimbursed by the department of environmental quality for actual and necessary expenses incurred in the performance of their official duties as members.
(13) The director of the department of environmental quality and the director of the department of health and human services shall each select a science advisor to participate in meetings of the environmental rules review committee and provide expert advice to environmental rules review committee members on relevant science-based issues that come before the environmental rules review committee. To serve as an environmental rules review committee science advisor, an individual must possess the proper educational credentials and background to provide science-based expert advice. An individual may not serve as a science advisor if he or she is a state employee or contract employee of this state.
(14) The business that the environmental rules review committee may perform must be conducted at a public meeting of the environmental rules review committee held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(15) Nine voting members of the environmental rules review committee constitute a quorum. A quorum must be present to transact any business at a meeting of the environmental rules review committee. Decisions by the environmental rules review committee at a meeting must be made by a majority vote of the members present at the meeting.
(16) The environmental rules review committee shall select a chairperson and vice-chairperson from its voting members. The chairperson shall preside over all meetings of the environmental rules review committee and ensure that the decisions of the environmental rules review committee are implemented. The vice-chairperson shall perform the duties of the chairperson in the chairperson's absence. The chairperson and vice-chairperson shall serve for a term of 2 years and may be selected to serve for additional terms.
(17) The chairperson or a majority of the members of the environmental rules review committee may call a meeting of the environmental rules review committee. However, a meeting may not be called on less than 10 days' notice unless all the voting members of the environmental rules review committee agree in writing or by electronic means to a shorter notice period.
(18) The environmental rules review committee may engage administrative, technical, or legal consultants, in addition to advisors selected under subsection (13), to assist the environmental rules review committee in the performance of its duties. If requested by the environmental rules review committee, a department, agency, or office of this state may provide administrative, technical, or legal staff, in addition to advisors selected under subsection (13), to assist the environmental rules review committee in the performance of its duties.
(19) The purpose of the environmental rules review committee is to oversee all rule-making of the department of environmental quality as provided in this act. For purposes of this act, the department of environmental quality includes any department, agency, commission, or other person to whom the rule-making authority of the department of environmental quality on the effective date of the amendatory act that added this section is transferred after the effective date of the amendatory act that added this section.
History: Add. 2018, Act 267, Imd. Eff. June 29, 2018 Compiler's Notes: For the transfer of powers and duties of the environmental rules review committee within the office of performance and transformation to the department of environment, Great Lakes, and energy, and abolishment of the office of performance and transformation, see E.R.O. 2019-1, compiled at MCL 324.99923.Popular Name: Act 306Popular Name: APA
Structure Michigan Compiled Laws
Chapter 24 - Printing and State Documents
Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)
306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266)
Section 24.231 - Rules; Continuation; Amendment; Rescission.
Section 24.233 - Rules; Organization; Operations; Procedures.
Section 24.234 - Office of Regulatory Reform; Agency; Powers and Duties.
Section 24.235a - Repealed. 1993, Act 7, Eff. Dec. 8, 1994.
Section 24.236 - Office of Regulatory Reform Procedures and Standards for Rules.
Section 24.238 - Filing of Requests by Individuals for Promulgation of Certain Rules.
Section 24.239 - Request for Rule-Making.
Section 24.239a - Notice of Public Hearing; Approval by Office; Copies.
Section 24.241a - Request by Legislator for Copies of Proposed Rules or Changes in Rules.
Section 24.243 - Compliance Required; Contesting Rule on Ground of Noncompliance.
Section 24.245b - Information to Be Posted on Office of Regulatory Reinvention Website.
Section 24.249 - Filed Rules; Transmission.
Section 24.250 - Legislative Standing Committees; Functions.
Section 24.251 - Amendment and Rescission of Rules by Legislature; Introduction of Bill.
Section 24.252 - Suspension of Rules.
Section 24.253 - Annual Regulatory Plan; Link to Website of Office of Regulatory Reinvention.
Section 24.254 - Failure of Committee to Provide Notice.
Section 24.261 - Filing and Publication of Rules; Presumptions Arising Therefrom; Judicial Notice.
Section 24.263 - Declaratory Ruling by Agency as to Applicability of Rule.
Section 24.264 - Declaratory Judgment as to Validity or Applicability of Rule.