SB-0654, As Passed Senate, June 12, 2018

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 654

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding part 26.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 26. ENVIRONMENTAL SCIENCE ADVISORY BOARD

Sec. 2601. As used in this part, "board" means the

environmental science board created in section 2603.

Sec. 2603. (1) The environmental science advisory board is

created in the department of technology, management, and budget.

(2) The board shall consist of 9 individuals appointed by the

governor who have expertise in 1 or more of the following areas:

(a) Engineering.

(b) Environmental science.

(d) Chemistry.

(e) Geology.

(f) Physics.

(g) Biology.

(h) Human medicine.

(i) Statistics.

(j) Risk assessment.

(k) Other disciplines that the governor considers appropriate.

(3) A current legislator or a current employee of any office,

department, or agency of this state or of the federal government is

not eligible to serve as a member of the board.

Sec. 2605. (1) A member of the board shall serve for a term of

3 years, except that of the members first appointed, 3 shall serve

for a term of 2 years and 3 shall serve for a term of 1 year.

(2) A member of the board serves at the pleasure of the

governor. The governor may remove a member at any time, with or

without cause, and with or without prior notice. The governor shall

fill any vacancies on the board.

(3) If a vacancy occurs on the board, the governor shall make

an appointment for the unexpired term.

(4) The governor shall appoint a member of the board as

chairperson. The governor may appoint other members of the board to

other board offices. Officers of the board serve at the pleasure of

the governor.

(5) Members of the board shall serve without compensation but

may be reimbursed by this state for actual and necessary expenses

incurred in the performance of their official duties as members.

(6) A majority of the members of the board constitute a quorum

for the transaction of business at a meeting of the board. A

majority of the members of the board present and serving are

required for official action of the board.

(7) The business that the board may perform shall be conducted

at a public meeting of the board, respectively, held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(8) A writing prepared, owned, used, in the possession of, or

retained by the board in the performance of an official function is

subject to the freedom of information act, 1976 PA 442, MCL 15.231

to 15.246.

(9) The board may adopt operating procedures that are

consistent with this part.

(10) The board may incur expenses necessary to carry out its

duties under this part.

Sec. 2607. If requested by the board, a department, agency, or

office of state government may provide administrative, technical,

or legal staff to assist the board in the performance of its

duties.

Sec. 2609. (1) The board shall advise the governor and any

state office, agency, or department specified by the governor on

issues affecting the protection of the environment or the

management of natural resources of this state. The board's duty to

provide advice is limited to the specific advice requested from

time to time by the governor. Any advice provided by the board is

not legally binding on or enforceable against any individual,

governmental entity, private entity, or other person.

(2) The board shall not review or advise on any application,

recommendation, or decision regarding a permit, license, or

environmental impact statement.

(3) Advice provided by the board shall be based on the

following factors:

(a) Objective reasoning.

(b) Sound science.

specifies in the request under section 2611 that these factors are

relevant to the decision for which the board's advice is sought:

(i) Relative and realistic risk to human health and the

environment.

(ii) Analogous practices used or positions taken by the

federal government and regulatory bodies in other states.

(iii) Economic reasonableness.

(d) Other relevant factors as specified by the governor in the

request.

Sec. 2611. (1) Upon receipt of a request from the governor to

provide advice on a particular issue, the chairperson of the board

shall convene a committee of the board consisting of members with

relevant expertise. The committee shall develop a plan for

formulating recommendations and make recommendations on the issue

to the board.

(2) The board shall deliberate on the recommendations made

under subsection (1) and provide written advice to the governor

regarding the governor's request.

(3) The board or any committee of the board may make

Senate Bill No. 654 as amended May 22, 2018

inquiries, develop studies, hold hearings, receive comments from

the public, and call upon experts who are not members of the board

to assist the board in its deliberations under this part.

(4) All departments, agencies, offices, officers, employees,

or contractors of this state, or any political subdivision of this

state, may cooperate with the board or any committee of the board,

including, but not limited to, the following as requested by the

board or a committee of the board:

(a) Participating in meetings.

(b) Participating in inquiries or hearings.

(d) Providing access to documents, books, records, databases,

or other information.

(e) Any other assistance reasonably necessary and related to

the board's deliberations and duties under this part.

[

Enacting section 1.] This amendatory act does not take effect

unless all of the following bills of the 99th Legislature are

enacted into law:

(a) Senate Bill No. 652.

(b) Senate Bill No. 653.