Bill Text: MI HB5331 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Administrative procedure; rules; environmental rules; establish a special review committee. Amends secs. 33, 39a, 40, 41, 42, 43, 44, 45 & 47 of 1969 PA 306 (MCL 24.233 et seq.) & adds secs. 65 & 66.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-12-12 - Bill Electronically Reproduced 12/06/2017 [HB5331 Detail]

Download: Michigan-2017-HB5331-Introduced.html

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HOUSE BILL No. 5331

 

 

December 6, 2017, Introduced by Reps. VanderWall, Howell, Glenn and Bellino and referred to the Committee on Natural Resources.

 

     A bill to amend 1969 PA 306, entitled

 

"Administrative procedures act of 1969,"

 

by amending sections 33, 39a, 40, 41, 42, 43, 44, 45, and 47 (MCL

 

24.233, 24.239a, 24.240, 24.241, 24.242, 24.243, 24.244, 24.245,

 

and 24.247), sections 33 and 47 as amended and section 39a as added

 

by 1999 PA 262, section 40 as amended by 2011 PA 243, sections 41

 

and 42 as amended by 2004 PA 491, section 43 as amended by 1989 PA

 

288, and sections 44 and 45 as amended by 2016 PA 513, and by

 

adding sections 65 and 66.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 33. (1) An agency shall promulgate rules describing its

 

organization and stating the general course and method of its

 

operations. and The agency may include therein in the rules forms

 

with instructions. Sections 41, 42, 45, and 45a, and 66 do not

 

apply to such promulgation of the rules.

     (2) An agency shall promulgate rules prescribing its

 

procedures available to the public and the methods by which the

 

public may obtain information and submit requests.

 

     (3) An agency may promulgate rules not inconsistent

 

prescribing procedures for contested cases. The rules must be

 

consistent with this act or and other applicable statutes.

 

prescribing procedures for contested cases.

 

     Sec. 39a. (1) An Subject to section 66, an agency may publish

 

the notice of hearing under section 42 only if the office of

 

regulatory reform has received draft proposed rules and has given

 

the agency approval to proceed with a public hearing.

 

     (2) After a grant of approval to hold a public hearing by the

 

office of regulatory reform under subsection (1), the office of

 

regulatory reform shall immediately provide a copy of the proposed

 

rules to the committee. The committee shall provide a copy of the

 

proposed rules, not later than the next business day after receipt

 

of the notice from the office, of regulatory reform, to members of

 

the committee and to members of the standing committees of the

 

senate and house of representatives that deal with the subject

 

matter of the proposed rule.

 

     Sec. 40. (1) When If an agency proposes to adopt a rule that

 

will apply to a small business and the rule will have a

 

disproportionate impact on small businesses because of the size of

 

those businesses, the agency shall consider exempting small

 

businesses and, if not exempted, the agency proposing to adopt the

 

rule shall reduce the economic impact of the rule on small

 

businesses by doing all of the following when if it is lawful and

feasible in meeting the objectives of the act authorizing the

 

promulgation of the rule:

 

     (a) Identify and estimate the number of small businesses

 

affected by the proposed rule and its probable effect on small

 

businesses.

 

     (b) Establish differing compliance or reporting requirements

 

or timetables for small businesses under the rule after projecting

 

the required reporting, record-keeping, and other administrative

 

costs.

 

     (c) Consolidate, simplify, or eliminate the compliance and

 

reporting requirements for small businesses under the rule and

 

identify the skills necessary to comply with the reporting

 

requirements.

 

     (d) Establish performance standards to replace design or

 

operational standards required in the proposed rule.

 

     (2) The agency proposing the rule shall specifically address

 

the factors described in subsection (1)(a) to (d) shall be

 

specifically addressed in the a small business impact statement.

 

     (3) In reducing the disproportionate economic impact on small

 

business of a rule as provided in subsection (1), an agency shall

 

use the following classifications of small business:

 

     (a) 0-9 full-time employees.

 

     (b) 10-49 full-time employees.

 

     (c) 50-249 full-time employees.

 

     (4) For purposes of subsection (3), an agency may include a

 

small business with a greater number of full-time employees in a

 

classification that applies to a business with fewer full-time

employees.

 

     (5) This section and section 45(3) do not apply to a either of

 

the following:

 

     (a) A rule that is required by federal law and that an agency

 

promulgates without imposing standards more stringent than those

 

required by the federal law.

 

     (b) A rule promulgated by the department of environmental

 

quality.

 

     Sec. 41. (1) Except as provided in section sections 44 and 66,

 

before the adoption of a rule, an agency, or the office, of

 

regulatory reform, shall give notice of a public hearing and offer

 

a person an opportunity to present data, views, questions, and

 

arguments. The notice shall must be given within the time

 

prescribed by any applicable statute, or if none, in the manner

 

prescribed in section 42(1).

 

     (2) The notice described in subsection (1) shall must include

 

all of the following:

 

     (a) A reference to the statutory authority under which the

 

action is proposed.

 

     (b) The time and place of the public hearing and a statement

 

of the manner in which data, views, questions, and arguments may be

 

submitted by a person to the agency at other times.

 

     (c) A statement of the terms or substance of the proposed

 

rule, a description of the subjects and issues involved, and the

 

proposed effective date of the rule.

 

     (3) The agency, or the office of regulatory reform acting on

 

behalf of an agency, shall transmit copies of the notice described

in subsection (1) to each person who requested the agency in

 

writing or electronically for advance notice of proposed action

 

that may affect the person. If requested, the notice shall must be

 

by mail, in writing, or electronically to the last address

 

specified by the person.

 

     (4) The public hearing shall must comply with any applicable

 

statute, but is not subject to the provisions governing a contested

 

case.

 

     (5) The head of the promulgating agency or 1 or more persons

 

designated by the head of the agency who have knowledge of the

 

subject matter of the proposed rule shall be present at the public

 

hearing and shall participate in the discussion of the proposed

 

rule.

 

     Sec. 42. (1) Except as provided in section sections 44 and 66,

 

at a minimum, an agency, or the office of regulatory reform acting

 

on behalf of the agency, shall publish the notice of public hearing

 

as prescribed in any applicable statute or, if none, the agency, or

 

the office of regulatory reform acting on behalf of the agency,

 

shall publish the notice not less than 10 days and not more than 60

 

days before the date of the public hearing in at least 3 newspapers

 

of general circulation in different parts of the this state, 1 of

 

which shall must be in the Upper Peninsula.

 

     (2) Additional methods that may be employed by the agency, or

 

the office of regulatory reform acting on behalf of the agency,

 

depending upon the circumstances, to provide notice of the public

 

hearing include publication in trade, industry, governmental, or

 

professional publications or posting on the website of the agency

or the office. of regulatory reform.

 

     (3) In addition to the requirements of subsection (1) and

 

except as provided in section 66, the agency shall electronically

 

submit a copy of the notice of public hearing to the office of

 

regulatory reform for publication in the Michigan register. If the

 

office of regulatory reform submitted the notice of public hearing

 

on behalf of the agency, the office of regulatory reform shall

 

publish the notice of public hearing in the Michigan register. An

 

agency's notice shall must be published in the Michigan register

 

before the public hearing and the agency shall electronically file

 

a copy of the notice of public hearing with the office. of

 

regulatory reform. Within 7 days after receipt of the notice of

 

public hearing and before the public hearing, the office of

 

regulatory reform shall do all of the following: before the public

 

hearing:

 

     (a) Electronically transmit a copy of the notice of public

 

hearing to the committee.

 

     (b) Provide notice electronically through publicly accessible

 

internet media.

 

     (4) After the office of regulatory reform electronically

 

transmits a copy of the notice of public hearing to the committee,

 

the committee shall electronically transmit copies of the notice of

 

public hearing, not later than the next business day after receipt

 

of the notice from the office, of regulatory reform, to each member

 

of the committee and to the members of the standing committees of

 

the senate and house of representatives that deal with the subject

 

matter of the proposed rule.

     (5) After receipt of the notice of public hearing filed under

 

subsection (3), the committee may meet to consider the proposed

 

rule, take testimony, and provide the agency with the committee's

 

informal response to the rule.

 

     Sec. 43. (1) Except in the case of for an emergency rule

 

promulgated in the manner described in section 48, a rule is not

 

valid unless it is processed in compliance with section 66, if

 

applicable, section 42, and unless in substantial compliance with

 

section 41(2), (3), (4), and (5).

 

     (2) A proceeding to contest a rule on the ground of

 

noncompliance with the requirements of sections 41 and 42 shall or

 

section 66 must be commenced within 2 years after the effective

 

date of the rule.

 

     Sec. 44. (1) Sections 41, and 42, and 66 do not apply to an

 

amendment or rescission of a rule that is obsolete or superseded,

 

or that is required to make obviously needed corrections to make

 

the rule conform to an amended or new statute or to accomplish any

 

other solely formal purpose, if a statement to that effect is

 

included in the legislative service bureau certificate of approval

 

of the rule.

 

     (2) Sections 41 and 42 do not apply to a rule that is

 

promulgated under the Michigan occupational safety and health act,

 

1974 PA 154, MCL 408.1001 to 408.1094, that is substantially

 

similar to an existing federal standard that has been adopted or

 

promulgated under the occupational safety and health act of 1970,

 

Public Law 91-596. However, notice of the proposed rule must be

 

published in the Michigan register at least 35 days before the

submission of the rule to is filed with the secretary of state

 

under section 46(1). A reasonable period, not to exceed 21 days,

 

must be provided for the submission of written or electronic

 

comments and views following publication in the Michigan register.

 

     (3) Sections 41 and 42 do not apply to a change to a proposed

 

rule by an agency during processing of the rule if the office

 

determines under section 45c(3) that the regulatory impact and

 

impact on small businesses of the changed proposed rule are not

 

more burdensome than the regulatory impact and impact on small

 

businesses of the original proposed rule.

 

     (4) For purposes of subsection (2), "substantially similar"

 

means identical, with the exception of style or format differences

 

needed to conform to this or other state laws, as determined by the

 

office.

 

     Sec. 45. (1) Except as otherwise provided in this subsection,

 

an agency shall electronically submit a proposed rule to the

 

legislative service bureau for its formal certification. If

 

requested by the legislative service bureau, the office shall also

 

transmit up to 4 paper copies of the proposed rule. The legislative

 

service bureau shall promptly issue a certificate of approval

 

indicating whether the proposed rule is proper as to all matters of

 

form, classification, and arrangement. If the legislative service

 

bureau fails to issue a certificate of approval within 21 calendar

 

days after receipt of the submission for formal certification, the

 

office may issue a certificate of approval. If the legislative

 

service bureau returns the submission to the agency before the

 

expiration of the 21-calendar-day time period, the 21-calendar-day

time period is tolled until the rule is resubmitted by the agency.

 

After resubmission, the legislative service bureau has the

 

remainder of the 21-calendar-day time period or 6 calendar days,

 

whichever is longer, to consider the formal certification of the

 

rule. The office may approve a proposed rule if it considers the

 

proposed rule to be legal and appropriate.

 

     (2) Except as provided in subsection (6), after notice is

 

given as provided in this act and before the agency proposing the

 

rule has formally adopted the rule, the agency shall prepare an

 

agency report containing a synopsis of the comments contained in

 

the public hearing record, a copy of the request for rule-making,

 

and the regulatory impact statement required under subsection (3).

 

In the report, the agency shall describe any changes in the

 

proposed rules that were made by the agency after the public

 

hearing. The office shall transmit by notice of transmittal to the

 

committee copies of the rule, the agency reports containing the

 

request for rule-making, a copy of the regulatory impact statement,

 

and certificates of approval from the legislative service bureau

 

and the office. The office shall also electronically submit to the

 

committee a copy of the rule, any agency reports required under

 

this subsection, any regulatory impact statements required under

 

subsection (3), and any certificates of approval required under

 

subsection (1). The agency shall electronically transmit to the

 

committee the records described in this subsection within 1 year

 

after the date of the last public hearing on the proposed rule.

 

     (3) Except as provided in subsection (6), an agency shall

 

prepare and include with a notice of transmittal under subsection

(2) the request for rule-making and the response from the office, a

 

small business impact statement prepared under section 40, and a

 

regulatory impact statement. The regulatory impact statement must

 

contain all of the following information:

 

     (a) A comparison of the proposed rule to parallel federal

 

rules or standards set by a state or national licensing agency or

 

accreditation association, if any exist.

 

     (b) If requested by the office or the committee, a comparison

 

of the proposed rule to standards in similarly situated states,

 

based on geographic location, topography, natural resources,

 

commonalities, or economic similarities.

 

     (c) An identification of the behavior and frequency of

 

behavior that the rule is designed to alter.

 

     (d) An identification of the harm resulting from the behavior

 

that the rule is designed to alter and the likelihood that the harm

 

will occur in the absence of the rule.

 

     (e) An estimate of the change in the frequency of the targeted

 

behavior expected from the rule.

 

     (f) An identification of the businesses, groups, or

 

individuals who will be directly affected by, bear the cost of, or

 

directly benefit from the rule.

 

     (g) An identification of any reasonable alternatives to

 

regulation pursuant to the proposed rule that would achieve the

 

same or similar goals.

 

     (h) A discussion of the feasibility of establishing a

 

regulatory program similar to that proposed in the rule that would

 

operate through market-based mechanisms.

     (i) An estimate of the cost of rule imposition on the agency

 

promulgating the rule.

 

     (j) An estimate of the actual statewide compliance costs of

 

the proposed rule on individuals.

 

     (k) A demonstration that the proposed rule is necessary and

 

suitable to achieve its purpose in proportion to the burdens it

 

places on individuals.

 

     (l) An estimate of the actual statewide compliance costs of

 

the proposed rule on businesses and other groups.

 

     (m) An identification of any disproportionate impact the

 

proposed rule may have on small businesses because of their size.

 

     (n) An identification of the nature of any report required and

 

the estimated cost of its preparation by small businesses required

 

to comply with the proposed rule.

 

     (o) An analysis of the costs of compliance for all small

 

businesses affected by the proposed rule, including costs of

 

equipment, supplies, labor, and increased administrative costs.

 

     (p) An identification of the nature and estimated cost of any

 

legal consulting and accounting services that small businesses

 

would incur in complying with the proposed rule.

 

     (q) An estimate of the ability of small businesses to absorb

 

the costs estimated under subdivisions (n) to (p) without suffering

 

economic harm and without adversely affecting competition in the

 

marketplace.

 

     (r) An estimate of the cost, if any, to the agency of

 

administering or enforcing a rule that exempts or sets lesser

 

standards for compliance by small businesses.

     (s) An identification of the impact on the public interest of

 

exempting or setting lesser standards of compliance for small

 

businesses.

 

     (t) A statement describing the manner in which the agency

 

reduced the economic impact of the rule on small businesses or a

 

statement describing the reasons such a reduction was not feasible.

 

     (u) A statement describing how the agency has involved small

 

businesses in the development of the rule.

 

     (v) An estimate of the primary and direct benefits of the

 

rule.

 

     (w) An estimate of any cost reductions to businesses,

 

individuals, groups of individuals, or governmental units as a

 

result of the rule.

 

     (x) An estimate of any increase in revenues to state or local

 

governmental units as a result of the rule.

 

     (y) An estimate of any secondary or indirect benefits of the

 

rule.

 

     (z) An identification of the sources the agency relied on in

 

compiling the regulatory impact statement, including the

 

methodology utilized in determining the existence and extent of the

 

impact of a proposed rule and a cost-benefit analysis of the

 

proposed rule.

 

     (aa) A detailed recitation of the efforts of the agency to

 

comply with the mandate to reduce the disproportionate impact of

 

the rule upon on small businesses as described in section 40(1)(a)

 

to (d).

 

     (bb) Any other information required by the office.

     (4) The agency shall electronically transmit the regulatory

 

impact statement required under subsection (3) to the office at

 

least 28 days before the public hearing required under section 41.

 

The agency shall not hold the public hearing until the regulatory

 

impact statement has been reviewed and approved by the office. The

 

agency shall also electronically transmit a copy of the regulatory

 

impact statement to the committee before the public hearing and the

 

agency shall make copies available to the public at the public

 

hearing. The agency shall publish the regulatory impact statement

 

on its website at least 10 days before the date of the public

 

hearing.

 

     (5) The committee shall electronically transmit to the senate

 

fiscal agency and the house fiscal agency a copy of each rule and

 

regulatory impact statement filed with the committee and a copy of

 

the agenda identifying the proposed rules to be considered by the

 

committee. The senate fiscal agency and the house fiscal agency

 

shall analyze each proposed rule for possible fiscal implications

 

that, if the rule were adopted, would result in additional

 

appropriations in the current fiscal year or commit the legislature

 

to an appropriation in a future fiscal year. The senate fiscal

 

agency and the house fiscal agency shall electronically report

 

their findings to the senate and house appropriations committees

 

and to the committee before the date of consideration of the

 

proposed rule by the committee.

 

     (6) Subsections (2), (3), and (4) do not apply to a rule that

 

is promulgated under section 33, or 48, or 66 or a rule to which

 

sections 41 and 42 do not apply as provided in section 44.

     Sec. 47. (1) Except in case of for a rule processed under

 

section 48, a rule becomes effective on the date fixed in the rule,

 

which shall must not be earlier than 7 days after the date of its

 

promulgation, or, if a date is not so fixed then in the rule, 7

 

days after the date of promulgation.

 

     (2) Except in case of for a rule processed under section 48 or

 

66, an agency may withdraw a promulgated rule which that has not

 

become effective by filing a written request stating reasons for

 

withdrawal to the secretary of state on or before the last day for

 

filing rules for the interim period in which the rules were first

 

filed, or by filing a written request for withdrawal to the

 

secretary of state and the office, of regulatory reform, within a

 

reasonable time, as determined by the office, of regulatory reform,

 

after the last day for filing and before publication of the rule in

 

the next supplement to the code. In any other case circumstances,

 

an agency may abrogate its rule only by rescission. When If an

 

agency has withdrawn a promulgated rule, it shall give notice,

 

stating reasons, to the committee that the rule has been withdrawn.

 

     (3) Sections 45 and 45a apply to rules for which a public

 

hearing has not been held by April 1, 2000.

 

     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, and the chief executive officer

 

of the Michigan economic development corporation, 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, and 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) One individual who represents the general public.

 

     (k) One individual who is a medical 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 a current employee of any office,

department, or agency of this state.

 

     (b) 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 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 3 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 committee.

 

     (12) The voting members of the environmental rules review

 

committee shall serve without compensation but may be reimbursed by

 

the office 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 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 committee and

 

ensure that the decisions of the 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

 

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 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.

 

     Sec. 66. (1) The office shall promptly transmit to the

 

environmental rules review committee electronic copies of a request

 

for rule-making submitted to the office by the department of

 

environmental quality. The department of environmental quality is

 

strongly encouraged to create a stakeholder review process before

 

beginning the rule promulgation process to ensure that all

 

viewpoints are adequately represented in the proposed rule.

 

     (2) If 6 voting members of the environmental rules review

 

committee vote that a request for rule-making should not be

 

required to proceed under subsections (3) to (11), subsections (3)

 

to (11) do not apply to the request for rule-making.

 

     (3) The department of environmental quality shall provide

 

copies of draft proposed rules to the office and the environmental

 

rules review committee.

 

     (4) After receiving draft proposed rules under subsection (3),

 

the environmental rules review committee shall meet 1 or more times

to determine whether the draft proposed rules meet all of the

 

following criteria:

 

     (a) The draft proposed rules do not exceed the rule-making

 

delegation contained in the statute authorizing the rule-making.

 

     (b) The draft proposed rules reasonably implement and apply

 

the statute authorizing the rule-making and are consistent with all

 

other applicable law.

 

     (c) The draft proposed rules are necessary and suitable to

 

achieve their purposes in proportion to the burdens they place on

 

individuals and businesses.

 

     (d) The draft proposed rules are as clear and unambiguous as

 

reasonably appropriate considering the subject matter of the

 

proposed rules and the individuals and businesses that will be

 

required to comply with the proposed rules.

 

     (e) The draft proposed rules are based on sound and objective

 

scientific reasoning.

 

     (5) The department of environmental quality may submit revised

 

draft proposed rules to the office and the environmental rules

 

review committee.

 

     (6) If the environmental rules review committee determines

 

that draft proposed rules do not meet the criteria in subsection

 

(4), the department of environmental quality shall not proceed with

 

the request for rule-making.

 

     (7) If the environmental rules review committee determines

 

that draft proposed rules meet the criteria in subsection (4), the

 

public hearing under sections 41 and 42 must be held, except that

 

the environmental rules review committee shall give notice of and

conduct the public hearing, and the department of environmental

 

quality is not required to prepare a small business impact

 

statement under section 40(2) or a regulatory impact statement

 

under section 45(3).

 

     (8) After a public hearing conducted by the environmental

 

rules review committee under subsection (7), the environmental

 

rules review committee shall meet 1 or more times to discuss

 

comments made and testimony given at the public hearing and

 

determine if any revisions to the draft proposed rules are

 

appropriate. At that meeting, the director of the department of

 

environmental quality or his or her designee shall provide a

 

synopsis of the comments contained in the public hearing record. If

 

the environmental rules review committee determines that revisions

 

are not appropriate, the draft proposed rules must be processed as

 

provided in subsection (10). If the environmental rules review

 

committee determines that 1 or more revisions are appropriate, the

 

environmental rules review committee may approve the draft proposed

 

rules subject to the revisions being made. The legislative service

 

bureau shall draft the revisions to the draft proposed rules.

 

     (9) If fewer than 6 voting members of the environmental rules

 

review committee object to the proposed revisions drafted by the

 

legislative service bureau, the rules must be processed as provided

 

in subsection (10). If 6 or more voting members of the

 

environmental rules review committee object to the proposed

 

revisions, the environmental rules review committee shall meet 1 or

 

more times to approve revisions to the draft proposed rules.

 

     (10) If the environmental rules review committee approves

draft proposed rules, the office shall transmit by notice of

 

transmittal to the committee copies of the rules, the request for

 

rule-making, the synopsis of the comments contained in the public

 

hearing record, a description of any revisions to the proposed

 

rules that were made by the environmental rules review committee

 

after the public hearing, and certificates of approval from the

 

legislative service bureau and the office. The office shall also

 

electronically submit to the environmental rules review committee a

 

copy of the rule and any certificates of approval from the

 

legislative service bureau and the office. The office shall

 

electronically transmit to the environmental rules review committee

 

the information described in this subsection within 1 year after

 

the date of the last public hearing.

 

     (11) The environmental rules review committee shall make a

 

final decision regarding draft proposed rules and any revisions to

 

draft proposed rules within 12 calendar months after receiving

 

electronic copies of the request for rule-making submitted by the

 

department of environmental quality to the office under subsection

 

(1).

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2018.