LANSING – Business groups favored, and conservationists opposed, legislation that would create boards to oversee the rulemaking and permit appeals processes of the Department of Environmental Quality as well as create an advisory committee for the governor in testimony heard Wednesday.

SB 652, SB 653 and SB 654 would create a series of oversight boards that would review and decide appeals of permitting decisions made by DEQ.

Supporters of the bills said more transparency and collaboration would be brought into the process to ensure more fairness in what rules are promulgated. They said what was being proposed is similar to the process in Indiana.

Opponents countered that the boards would be stacked with members of industries with a direct financial interest in the resulting rules or permit applications, and that the boards would remove power from the hands of the DEQ director.

SB 652 would amend the Administrative Procedures Act to create an Environmental Rules Review Committee to oversee all DEQ rulemaking.

SB 653 would add a section to the Natural Resources and Environmental Protection Act to create a Permit Appeal Panel, tasked with rendering decisions on permit application appeals and content decisions made by DEQ. SB 654 would create an Environmental Science Advisory Board, advising the governor on matters affecting environmental protection and natural resource management.

“Michigan’s current environmental rulemaking process is not working,” Michigan Chamber of Commerce Director of Energy and Environmental Policy Jason Geer said. “It’s never been a really collaborative process.”

Michigan Environmental Council Policy Director James Clift said the bills would undermine the DEQ director’s authority. It would put stakeholders with potential direct financial ties to permitting decisions in charge, allowing them control over the level of regulations that govern their industries.

“This is a classic case of putting the fox in charge of the henhouse,” Clift said.

Clift said changing the processes could result in increased litigation as well. He questioned using a policy similar to Indiana, with industry sitting on boards.

“As it is in Indiana, they get what they want,” Clift said of regulations.

Under SB 652 the committee would be encouraged to craft a stakeholder review process before beginning the rule promulgation process. The DEQ would be required to provide copies of draft proposed rules to the committee, with the committee to meet at least once to determine whether proposed rules meet certain criteria.

If the draft rule met the specified criteria the rulemaking process could move forward.

Under SB 653 the appeals board would meet and render a decision if a dispute over a permit was not able to be resolved through negotiation. The board would have to include technical and scientific reasoning for its decision.

Advice provided to the governor under SB 654 would not be legally binding. The advisory board would review matters requested by the governor, weighing sound science, economic reasonableness and what is being done by the federal government or other states.

“We’re not really reinventing the wheel here,” Michigan Farm Bureau Government Relations Department Director Matt Smego said.

Smego said the proposed changes would also improve transparency.

This story was published by Gongwer News Service.