Bill Text: MI SB0439 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Environmental protection; other; NREPA programs; require peer review or benchmark analysis. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 27.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Engrossed - Dead) 2009-06-17 - Referred To Committee On Great Lakes And Environment [SB0439 Detail]

Download: Michigan-2009-SB0439-Engrossed.html

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SB-0439, As Passed Senate, June 17, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 439

 

 

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.