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2017 Senate Bill 653: Create environmental permit appeal panel

Public Act 268 of 2018

Introduced in the Senate on November 8, 2017
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.   Official Text and Analysis.
Referred to the Senate Natural Resources Committee on November 8, 2017
Reported in the Senate on December 7, 2017
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Amendment offered in the Senate on January 24, 2018
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 in the Senate on January 24, 2018
Amendment offered by Sen. Rebekah Warren D-Ann Arbor on January 25, 2018
To remove the proposed panel's power to reverse or modify DEQ permit decisions and conditions.
The amendment failed 11 to 26 in the Senate on January 25, 2018.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Rebekah Warren D-Ann Arbor on January 25, 2018
To also allow local governments to make appeals to the proposed panel.
The amendment failed 13 to 24 in the Senate on January 25, 2018.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Rebekah Warren D-Ann Arbor on January 25, 2018
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 in the Senate on January 25, 2018.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Rebekah Warren D-Ann Arbor on January 25, 2018
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 in the Senate on January 25, 2018.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Rebekah Warren D-Ann Arbor on January 25, 2018
To require members of the proposed appeals panel to be a resident of the state.
The amendment failed 17 to 20 in the Senate on January 25, 2018.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Rebekah Warren D-Ann Arbor on January 25, 2018
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 in the Senate on January 25, 2018.
    See Who Voted "Yes" and Who Voted "No".
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 on January 25, 2018
Referred to the House Natural Resources Committee on January 25, 2018
Reported in the House on April 11, 2018
With the recommendation that the bill be referred to the Committee on Michigan Competitiveness.
Referred to the House Michigan Competitiveness on April 11, 2018
Reported in the House on April 25, 2018
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
Substitute offered by Rep. Lee Chatfield R-Levering on May 22, 2018
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 in the House on May 22, 2018
Amendment offered by Rep. Tenisha Yancey D-Harper Woods on May 22, 2018
To require members of the proposed appeals panel to be a resident of the state.
The amendment failed by voice vote in the House on May 22, 2018
Amendment offered by Rep. Abdullah Hammoud D-Dearborn on May 22, 2018
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 in the House on May 22, 2018
Amendment offered by Rep. Abdullah Hammoud D-Dearborn on May 22, 2018
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 in the House on May 22, 2018
Amendment offered by Rep. Stephanie Chang D-Detroit on May 22, 2018
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 in the House on May 22, 2018
Received in the Senate on May 29, 2018
To concur with the House-passed version of the bill.
Signed by Gov. Rick Snyder on June 28, 2018