(Source: MIRS.news, Published 07/11/23) A bicameral bill package spearheaded by Rep. Sharon MacDonell (D-Troy) and Sen. Rosemary Bayer (D-Keego Harbor) would remove several Department of Environment, Great Lakes and Energy (EGLE) advisory boards, which MacDonell said industry appointees have turned into “polluter panels.”
The package, starting with MacDonell’s HB 4826 and Bayer’s SB 393 and SB 394, removes EGLE’s Environmental Rules Review Committee (ERRC) from the statute along with the department’s Environmental Permit Review Commission and environmental science advisory board.
The boards and committees, which were created during former Gov. Rick Snyder’s administration, were intended to oversee rulemaking within EGLE.
But MacDonell said they were “statutorily stacked” with appointees from polluting industries, which she said now affects EGLE’s ability to successfully implement environmental regulations.
As mandated by law, the ERCC is comprised of ex-officio department heads from EGLE, formerly the Department of Environmental Quality (DEQ), the Department of Health and Human Services (DHHS), the Department of Agriculture and Rural Development (MDARD) and the Department of Natural Resources (DNR).
Of the 12 other members, who serve four-year terms, two each represent the general public, and land conservancy and environmental organizations and one each represents local governments and public health professionals, while six represent industries across the state, including oil and gas, public utilities, small business, manufacturing, agriculture and solid waste management.
The Permit Review Commission has a total of 15 members appointed by the Governor and is intended to advise EGLE on permit disputes and applications.
Whitmer attempted to remove the boards via executive order when the DEQ transitioned to EGLE, but a second iteration included the boards after the first order was canned by the GOP-led legislature.
MacDonell said the large number of industry appointees unfairly tilt the scales against environmental protection, with approximately half of voting members coming from industries regulated by EGLE.
When EGLE staff propose a new rule or regulation, the ERCC has the authority to initiate a review process, she said, which can indefinitely delay the implementation of new environmental rules.
“The ERRC, which is mostly made up of corporate polluters, has stood in the way of EGLE fulfilling its mission to protect our air, water, land and people,” MacDonell said. “This is why we must get rid of the board. They tend to put their own profits over the health and lives of Michiganders every day, and that cannot continue.”
She said voting to delay the implementation of environmental regulations included attempts to create stricter rules for PFAS levels in drinking water.
Removing the boards from statute would strengthen EGLE’s oversight, she said.
Caroline Liethen, director of environmental and regulatory policy within the Michigan Manufacturers Association (MMA), conceded that the rulemaking process within EGLE is typically a longer one.
However, she said that is for good reason, as there should be plenty of opportunities for stakeholders to have conversations and keep the process as transparent as possible.
It’s very technical in nature, and not something that should be rushed, she said, similar to the process undertaken by the Legislature when changing policy.
Liethen added that there are different processes for the promulgation of emergency rules in Michigan in cases where immediate action is needed.
The MMA did not take an official position on the legislation before consulting members, and Liethen said her experience is limited to the ERRC.
But Liethen said when creating new rules and regulations, the work with EGLE typically starts much earlier, when the rules are being drafted, rather than waiting for changes to reach the advisory boards.
She added that the individuals appointed to the board are professional and knowledgeable in their field, and the conversations are highly technical in nature.
Rep. Jenn Hill (D-Marquette), another sponsor of the package, said that “when corporate polluters are allowed to regulate themselves, they usually favor industry interests over the interests of the people.
“This legislation will remove that bureaucratic burden, streamline the regulatory process and help us preserve the fresh air, clean water and beautiful landscapes of our state,” she said.
Her HB 4825, along with Rep. Donavan McKinney (D-Detroit)’s HB 4824, remove references to the ERCC from the Natural Resources and Environmental Protection Act and the State Police Retirement Act of 1986.
Bayer’s bills remove the Environmental Permit Review Commission and environmental science advisory board from statute.
Bayer said the removal will allow the state to respond faster to protect citizens and the environment from harmful factors, including PFAS.
The House bills were introduced on June 15, and referred to the House Natural Resources, Tourism and the Environment Committee. Bayer’s bills were introduced the same day and referred to the Senate Regulatory Affairs Committee.
