LANSING – The Flint water crisis galvanized Democrats in the Michigan House and Senate joined on Wednesday to discuss legislation they plan to introduce that would restore Department of Environmental Quality citizen oversight commissions, which were eliminated in 1991 by executive order by then-Republican Governor John Engler.

The Democrats said at a press conference that had the commissions been in place still, it is reasonable to think that such a major disaster as the Flint water crisis may not have happened or at the very least people could have been spared because of citizen involvement and activism where the DEQ failed.

Engler abolished the commissions to create a clearer line of authority. There was some sense they had made it difficult for a governor’s administration to run what was then the Department of Natural Resources at a time when the DNR handled the functions now within the DEQ.

Three pieces of identical legislation would be introduced in the House and the Senate. Rep. Stephanie Chang (D-Detroit) and Sen. Hoon-Yung Hopgood (D-Taylor) would be primary sponsors of legislation restoring an Air Pollution Control Commission to oversee various functions of the DEQ, including issuance or modification of existing permits and acting upon complaints from residents.

“Especially on air pollution … I think (the committees) would help to restore a little bit of faith in our state government,” Ms. Chang said. “Showing residents that their voice counts would go a long way to helping restore that trust.”

Also included in the package would be bills led by Rep. Phil Phelps (D-Flushing) and Senate Minority Leader Jim Ananich (D-Flint) to create a similar body to oversee the DEQ’s water pollution functions.

Finally, Sen. Coleman Young II (D-Detroit) and Rep. Sheldon Neeley (D-Flint) will be lead sponsors of legislation that would apply the same powers the Water Resources Commission has over pollution and environmental concerns to the Michigan Safe Drinking Water Act, and the Water Resource Commission would be empowered to hold public hearings and receive complaints.

Upon receipt of complaints from the public, the commissions could either require the department to investigate or take enforcement action, or request the attorney general commence an action.

Both proposed commissions would have 11 members appointed by the governor with advice and consent of the Senate. Specifically, the make-up of the body would be: two individuals from local governments, two from commerce/industry, two with medical backgrounds in air or water illnesses, two from private environmental protection organizations and three from the general public. The directors of the DEQ and the Department of Natural Resources would sit on the Water Resource Commission, while only the DEQ director would sit on the Air Pollution Control Commission.

“These two commissions … prevented situations like what happened in Flint and made residents feel an extra layer of protection and advocacy,” Ms. Chang said.

The boards would have supervisory authority over the issuance, denial, revocation, suspension or modification of permits, promulgation of rules, and the development of department policies, the legislators said.

“This package is the people’s package. These bills will strengthen Michigan forevermore,” Neeley said. “We need another set of eyes, another watchdog.”

Young added: “This is about transparency. I think one of the reasons (the DEQ) didn’t act when they should have … is because people weren’t aware of what was going on. This allows for people to be heard quicker.”

Chang said she has had preliminary conversations with Rep. Ed McBroom (R-Vulcan) about the legislation and that he seemed interested in the bills. She said the issue is very personal for her because of how important air pollution is in her district – the heavily industrialized southwest portion of Detroit – and that she knew the issue would be one of her biggest agenda items to tackle when she was first elected.

“I really believed that our state DEQ, the function it’s supposed to be providing, it’s just so important. Over the past year and 14 months, it’s been really disheartening to see residents coming to hearing after hearing to share their stories … and really feeling like MDEQ is not listening to them,” she said, becoming visibly emotional. “We’re reviewing all these permits and the same result comes every time. I think residents, when they see that, it’s hard for them to think DEQ is working on behalf of them.

“Because this body doesn’t exist, it really affects the culture within the department where they’re not as responsive to the people as they should be,” Chang said.

Dave Murray, Governor Rick Snyder‘s press secretary, asked whether the governor might consider the bills or even issuing an executive order restoring the commissions said like any bill, the governor would watch closely until something comes to his desk for review.

“Governor Snyder has placed a major priority on improving the culture of state government and ensuring a drinking water crisis of this nature does not occur again, which is why he created the Flint Water After Action Task Force, the Flint Water Interagency Coordinating Committee, and is working to create a 21st Century Infrastructure Commission,” he said.

This story was published by Gongwer News Service. To subscribe, click on www.gongwer.com