HOUSE BILL No. 5685


     February 20, 2002, Introduced by Reps. Lipsey, Gieleghem, Woodward, Spade, Basham, Murphy, Hale, Dennis, McConico,
Schauer, Rich Brown, Bernero, Bogardus, Whitmer, Mans, Plakas, Phillips, Bovin and Kolb and referred to the Committee on Land Use
and Environment.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 1101 (MCL 324.1101) and by adding part 6.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                    PART 6 DEPARTMENT OF ENVIRONMENTAL QUALITY

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             SEC. 601.  AS USED IN THIS PART:

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             (A) "COMMISSION" MEANS THE ENVIRONMENTAL QUALITY

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        COMMISSION.

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             (B) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL

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        QUALITY.

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             (C) "DIRECTOR" MEANS THE DIRECTOR OF THE DEPARTMENT.

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             SEC. 602.  THE DEPARTMENT OF ENVIRONMENTAL QUALITY CREATED

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        UNDER EXECUTIVE REORGANIZATION ORDER NO. 1995-18 SHALL POSSESS

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        THE POWERS AND PERFORM THE DUTIES GRANTED AND IMPOSED BY THIS ACT

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        AND AS OTHERWISE PROVIDED BY LAW.


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             SEC. 603.  (1) THE ENVIRONMENTAL QUALITY COMMISSION IS

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        CREATED AS THE HEAD OF THE DEPARTMENT.  THE COMMISSION SHALL BE

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        COMPOSED OF 7 MEMBERS, NOT MORE THAN 4 OF WHOM SHALL BE MEMBERS

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        OF THE SAME POLITICAL PARTY, APPOINTED BY THE GOVERNOR BY AND

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        WITH THE ADVICE AND CONSENT OF THE SENATE.  A MEMBER OF THE COM-

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        MISSION SHALL BE SELECTED WITH SPECIAL REFERENCE TO THAT PERSON'S

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        ABILITY AND FITNESS TO DEAL WITH AT LEAST 1 OF THE PRINCIPAL

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        LINES OF ACTIVITY VESTED IN THE DEPARTMENT.  THE TERM OF OFFICE

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        OF EACH MEMBER OF THE COMMISSION SHALL BE 4 YEARS.  HOWEVER, OF

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        THE MEMBERS FIRST APPOINTED, 2 SHALL SERVE FOR 2 YEARS, 3 SHALL

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        SERVE FOR 3 YEARS, AND 2 SHALL SERVE FOR 4 YEARS.  THE GOVERNOR

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        SHALL FILL A VACANCY OCCURRING IN THE MEMBERSHIP OF THE COMMIS-

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        SION AND MAY REMOVE A MEMBER OF THE COMMISSION FOR CAUSE AFTER A

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        HEARING.  EACH MEMBER OF THE COMMISSION SHALL HOLD OFFICE UNTIL

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        THE APPOINTMENT AND QUALIFICATION OF THAT MEMBER'S SUCCESSOR.

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             (2) THE COMMISSION, WITHIN 30 DAYS AFTER HAVING QUALIFIED

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        AND ANNUALLY AFTER THAT TIME, SHALL MEET AT ITS OFFICE IN LANSING

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        AND ORGANIZE BY APPOINTING A SECRETARY, WHO NEED NOT BE A MEMBER

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        OF THE COMMISSION.  THE GOVERNOR SHALL APPOINT A CHAIRPERSON OF

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        THE COMMISSION FROM AMONG ITS MEMBERS, WHO SHALL SERVE AS CHAIR-

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        PERSON AT THE PLEASURE OF THE GOVERNOR.  FOUR MEMBERS OF THE COM-

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        MISSION CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS.  THE

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        BUSINESS WHICH THE COMMISSION MAY PERFORM SHALL BE CONDUCTED AT A

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        PUBLIC MEETING OF THE COMMISSION HELD IN COMPLIANCE WITH THE OPEN

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        MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275.  PUBLIC NOTICE

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        OF THE TIME, DATE, AND PLACE OF THE MEETING SHALL BE GIVEN IN THE

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        MANNER REQUIRED BY THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261



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        TO 15.275.  A MEETING MAY BE CALLED BY THE CHAIRPERSON AND SHALL

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        BE CALLED ON REQUEST OF A MAJORITY OF THE MEMBERS OF THE

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        COMMISSION.  MEETINGS MAY BE HELD AS OFTEN AS NECESSARY AND AT

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        OTHER PLACES THAN THE COMMISSIONERS' OFFICES AT LANSING.  THE

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        COMMISSION SHALL MEET AT LEAST ONCE EACH MONTH.

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             (3) THE MEMBERS OF THE COMMISSION SHALL NOT RECEIVE COMPEN-

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        SATION UNDER THIS PART, BUT ARE ENTITLED TO REASONABLE EXPENSES

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        WHILE TRAVELING IN PERFORMANCE OF THEIR DUTIES AS PRESCRIBED BY

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        THIS ACT AND AS OTHERWISE PROVIDED BY LAW.

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             (4) THE COMMISSION SHALL APPOINT AND EMPLOY A DIRECTOR TO

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        ADMINISTER THE DEPARTMENT.  THE DIRECTOR SHALL CONTINUE IN OFFICE

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        AT THE PLEASURE OF THE COMMISSION.  THE COMMISSION SHALL ESTAB-

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        LISH GENERAL POLICIES RELATED TO NATURAL RESOURCES MANAGEMENT AND

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        ENVIRONMENTAL PROTECTION FOR THE GUIDANCE OF THE DIRECTOR IN

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        ADMINISTERING HIS OR HER RESPONSIBILITIES AS PROVIDED IN THIS ACT

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        AND AS OTHERWISE PROVIDED BY LAW.

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             (5) EACH MEMBER OF THE COMMISSION AND THE DIRECTOR SHALL

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        QUALIFY BY TAKING AND SUBSCRIBING TO THE CONSTITUTIONAL OATH OF

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        OFFICE AND BY FILING IT IN THE OFFICE OF THE SECRETARY OF STATE.

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             (6) THE COMMISSION SHALL HAVE APPELLATE POWERS AS ESTAB-

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        LISHED IN SECTION 1101.

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             SEC. 604.  (1) THE DIRECTOR SHALL APPOINT 1 OR MORE DEPUTY

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        DIRECTORS AND OTHER ASSISTANTS AND EMPLOYEES AS ARE NECESSARY TO

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        ADMINISTER THE POWERS AND DUTIES OF THE DEPARTMENT AS PROVIDED IN

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        THIS ACT AND AS OTHERWISE PROVIDED BY LAW.  A PERSON TO WHOM THE

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        DIRECTOR HAS LAWFULLY DELEGATED DECISION MAKING AUTHORITY IN

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        WRITING MAY PERFORM A DUTY OR EXERCISE A POWER CONFERRED BY LAW



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        UPON THE DEPARTMENT AT THE TIME AND TO THE EXTENT THE DUTY AND

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        POWER ARE DELEGATED TO THAT PERSON BY THE DIRECTOR.  IF A VACANCY

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        IN THE OFFICE OF DIRECTOR OCCURS, OR THE DIRECTOR IS UNABLE TO

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        PERFORM THE DUTIES OF THAT OFFICE OR IS ABSENT FROM THE STATE,

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        THE POWERS AND DUTIES OF THE DIRECTOR AS PRESCRIBED BY LAW SHALL

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        BE TRANSFERRED TO AND EXERCISED BY A DEPUTY DIRECTOR UNTIL THE

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        VACANCY IS FILLED OR THE INABILITY OR ABSENCE FROM THE STATE OF

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        THE DIRECTOR CEASES.

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             (2) THE COMPENSATION OF THE DEPUTY DIRECTORS, THE ASSIST-

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        ANTS, AND THE EMPLOYEES AND THE NUMBER OF ASSISTANTS AND EMPLOY-

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        EES OF THE DEPARTMENT SHALL BE SUBJECT TO THE APPROVAL OF THE

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        STATE ADMINISTRATIVE BOARD.  THE OFFICERS AND EMPLOYEES OF THE

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        DEPARTMENT ARE ENTITLED TO REASONABLE EXPENSES WHILE TRAVELING IN

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        THE PERFORMANCE OF THEIR DUTIES AS PRESCRIBED BY THIS ACT AND AS

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        OTHERWISE PROVIDED BY LAW.  THE SALARIES AND EXPENSES AUTHORIZED

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        UNDER THIS PART SHALL BE PAID OUT OF THE STATE TREASURY IN THE

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        SAME MANNER AS THE SALARIES OF OTHER STATE OFFICERS AND EMPLOYEES

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        ARE PAID.  THE DEPARTMENT OF MANAGEMENT AND BUDGET SHALL FURNISH

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        SUITABLE OFFICES AND OFFICE EQUIPMENT, AT LANSING, FOR THE USE OF

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        THE DEPARTMENT.

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             Sec. 1101.  (1) If a person has legal standing to challenge

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        a final decision of the department under this act regarding the

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        issuance, denial, suspension, revocation, annulment, withdrawal,

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        recall, cancellation, or amendment of a permit or operating

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        license, the commission, upon request of that person, shall

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        review the decision and make the final agency decision.  A

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        preliminary, procedural, or intermediate decision of the



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        department is reviewable by the commission only if the commission

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        elects to grant a review.  If a person is granted review by the

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        commission under this section, the person is considered to have

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        exhausted his or her administrative remedies with regard to that

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        matter.  The commission may utilize administrative law judges or

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        hearing officers to conduct the review of decisions as contested

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        case hearings and to issue proposals for decisions as provided by

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        law or rule.

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             (2) In all instances, except those described in

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        subsection (1), if a person has legal standing to challenge a

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        final decision of the department under this act, that person may

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        seek direct review by the courts as provided by law.  Direct

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        review by the courts is available to that person as an alterna-

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        tive to any administrative remedy that is provided in this act.

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        A preliminary, procedural, or intermediate action or ruling of

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        the department is not immediately reviewable, except that the

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        court may grant leave for review of a preliminary, procedural, or

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        intermediate action or ruling if the court determines that review

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        of the final decision would not provide an adequate remedy.  If a

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        person is granted direct review by the courts under this section,

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        the person is considered to have exhausted his or her administra-

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        tive remedies with regard to that matter.

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             (3) If the court does not review a decision of the depart-

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        ment brought before the court as provided in this section, the

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        person with legal standing retains any administrative appeal

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        rights that are otherwise provided by law.





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             (4) If the court reviews a preliminary, procedural, or

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        intermediate decision of the department brought before the court

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        as provided in this section, the person with legal standing

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        retains the right to judicial review of the final decision of the

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        department as provided by law.

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             (5) AS USED IN THIS SECTION:

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             (A) "COMMISSION" MEANS THE COMMISSION OF NATURAL RESOURCES

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        CREATED IN SECTION 501 OR THE ENVIRONMENTAL QUALITY COMMISSION

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        CREATED IN SECTION 603, AS APPLICABLE.

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             (B) "DEPARTMENT" MEANS THE DEPARTMENT OF NATURAL RESOURCES

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        OR THE DEPARTMENT OF ENVIRONMENTAL QUALITY, AS APPLICABLE.


































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