2017 Senate Bill 653 / 2018 Public Act 268

Create environmental permit appeal panel

Introduced in the Senate

Nov. 8, 2017

Introduced

To create a state environmental permit appeal panel comprised of certain officials and representatives of specified interests including business, local governments and environmentalist groups. The bill would establish a process by which a permit applicant who is aggrieved by a decision of the Department of Environmental Quality could appeal to the panel, which would have the authority to revise or reject the DEQ's decision or conditions on a permit.

Referred to the Committee on Natural Resources

Dec. 7, 2017

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Jan. 24, 2018

Amendment offered

To define as a disqualifying conflict of interest an appeals panel member having an ownership interest in a firm with an appeal, or having worked for the firm within the previous three years.

The amendment passed by voice vote

Jan. 25, 2018

Amendment offered by Sen. Rebekah Warren (D-18)

To remove the proposed panel's power to reverse or modify DEQ permit decisions and conditions.

The amendment failed 11 to 26 (details)

Amendment offered by Sen. Rebekah Warren (D-18)

To also allow local governments to make appeals to the proposed panel.

The amendment failed 13 to 24 (details)

Amendment offered by Sen. Rebekah Warren (D-18)

To prohibit participation in an appeal by a member of the proposed panel who is in the same industry as the party making the appeal.

The amendment failed 12 to 25 (details)

Amendment offered by Sen. Rebekah Warren (D-18)

To prohibit a member of the proposed panel from taking a job with the party making the appeal for three years, with violations subject to 90 days in jail.

The amendment failed 16 to 21 (details)

Amendment offered by Sen. Rebekah Warren (D-18)

To require members of the proposed appeals panel to be a resident of the state.

The amendment failed 17 to 20 (details)

Amendment offered by Sen. Rebekah Warren (D-18)

To make individual members of the proposed appeals panel personally liable for any injuries or environmental damage, including clean up costs, that result from a decision to modify permit "in a manner that is less protective of the environment or public health".

The amendment failed 12 to 25 (details)

Passed in the Senate 26 to 11 (details)

To create a state environmental permit appeal panel comprised of certain officials and representatives of specified interests. The bill would establish a process by which a permit applicant who is aggrieved by a decision of the Department of Environmental Quality could appeal to the panel, which would have the authority to revise or reject the DEQ's decision or conditions on a permit.

Received in the House

Jan. 25, 2018

Referred to the Committee on Natural Resources

April 11, 2018

Reported without amendment

With the recommendation that the bill be referred to the Committee on Michigan Competitiveness.

Referred to the Committee on Michigan Competitiveness

April 25, 2018

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

May 22, 2018

Substitute offered by Rep. Lee Chatfield (R-107)

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Tenisha Yancey (D-1)

To require members of the proposed appeals panel to be a resident of the state.

The amendment failed by voice vote

Amendment offered by Rep. Abdullah Hammoud (D-15)

To prohibit membership on the proposed panel by an individual who has been a lobbyist at any time during the past five years.

The amendment failed by voice vote

Amendment offered by Rep. Abdullah Hammoud (D-15)

To prohibit a member of the proposed panel from taking a job with the party making the appeal for three years, with violations subject to 90 days in jail.

The amendment failed by voice vote

Amendment offered by Rep. Stephanie Chang (D-6)

To tie-bar the bill to House Bills 4255, 4256 and 5116, meaning this bill cannot become law unless those ones do also. Those bills expand the powers of state environmental regulators.

The amendment failed by voice vote

Passed in the House 58 to 50 (details)

To create a state environmental permit appeal panel comprised of certain officials and representatives of specified interests. The bill would establish a process by which a permit applicant who is aggrieved by a decision of the Department of Environmental Quality could appeal to the panel, which would have the authority to revise or reject the DEQ's decision or conditions on a permit.

Received in the Senate

May 29, 2018

June 12, 2018

Passed in the Senate 25 to 11 (details)

To concur with the House-passed version of the bill.

Signed by Gov. Rick Snyder

June 28, 2018