SB-0439, As Passed Senate, June 17, 2009
April 2, 2009, Introduced by Senators KAHN, PAPPAGEORGE, KUIPERS, GILBERT, RICHARDVILLE, CROPSEY, PATTERSON, JELINEK, BROWN, JANSEN and ALLEN and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 27.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 27 PROGRAM REVIEW
Sec. 2701. As used in this part, "panel" means the NREPA
program review panel created in section 2705(1).
Sec. 2703. (1) The department, the department of environmental
quality, and any other state department that administers a program
under this act shall do 1 of the following for each such program:
(a) Hire through a request for proposals process a qualified,
independent person to perform a benchmark analysis of the program.
(b) Arrange for an independent and external peer review of the
program.
(2) A person shall not be selected to perform a benchmark
analysis or peer review under subsection (1) unless the person has
a proven ability to evaluate regulatory activities and make
recommendations for improvement.
(3) The department, the department of environmental quality,
and any other state department that administers a program under
this act shall each complete 2 benchmark analyses or peer reviews
in any combination by February 1, 2010 and each year thereafter
until all programs under this act administered by that entity have
been analyzed or reviewed.
(4) By February 1, 2010, the department of environmental
quality shall complete a benchmark analysis or peer review of the
part 201 remediation program and of the part 31 NPDES program
pursuant to subsection (3). The department of environmental quality
shall select a person or persons to perform the benchmark analyses
or shall arrange for the independent, external peer reviews for
these programs by June 1, 2009. An analysis or peer review for the
department of environmental quality under this section shall
include all of the following:
(a) A calculation of the department of environmental quality's
per-permit cost to process the permits and administer the program.
(b) A review of the timeliness of the process from receipt of
a permit application to approval or denial of a permit application.
(c) A review of customer service practices.
(d) A review of measurable environmental impacts.
(e) For the part 31 and part 201 programs, a comparison of the
department of environmental quality's performance to that of other
Great Lakes states.
Sec. 2705. (1) The NREPA program review panel is created
within the department of environmental quality.
(2) The panel shall consist of the following members:
(a) Two individuals appointed by the speaker of the house, 1
representing permit holders and 1 representing business.
(b) Two individuals appointed by the senate majority leader, 1
representing permit holders and 1 representing business.
(c) Three individuals appointed by the governor, consisting of
1 employee of the department, 1 employee of the department of
natural resources, and 1 person representing the general public.
(3) The members first appointed to the panel shall be
appointed by July 1, 2009.
(4) Members of the panel shall serve for terms of 4 years or
until a successor is appointed.
(5) If a vacancy occurs on the panel, the vacancy shall be
filled for the unexpired term in the same manner as the original
appointment was made.
(6) The appointing officer may remove a member of the panel
for incompetency, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(7) The first meeting of the panel shall be called by the
member of the panel who is an employee of the department. At the
first meeting, the panel shall elect from among its members a
chairperson and other officers as it considers necessary or
appropriate. After the first meeting, the panel shall meet at least
quarterly, or more frequently at the call of the chairperson or if
requested by 2 or more members.
(8) A majority of the members of the panel constitute a quorum
for the transaction of business at a meeting of the panel. A
majority of the members present and serving are required for
official action of the panel.
(9) The business that the panel may perform shall be conducted
at a public meeting of the panel held in compliance with the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the panel in the performance of an official function is
subject to the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(11) Members of the panel shall serve without compensation.
However, members of the panel may be reimbursed for their actual
and necessary expenses incurred in the performance of their
official duties as members of the panel.
(12) The panel shall assist a person performing a benchmark
analysis or peer review under section 2703 in developing a
framework for the work.
(13) The panel is dissolved effective July 1, 2014.