SB-0652, As Passed House, May 22, 2018

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 652

     A bill to amend 1969 PA 306, entitled

"Administrative procedures act of 1969,"

by amending sections 33, 39a, 41, 42, 43, 44, 47, and 48 (MCL

24.233, 24.239a, 24.241, 24.242, 24.243, 24.244, 24.247, and

24.248), sections 33 and 47 as amended and section 39a as added by

1999 PA 262, sections 41 and 42 as amended by 2004 PA 491, section

43 as amended by 1989 PA 288, section 44 as amended by 2016 PA 513,

and section 48 as amended by 2012 PA 181, and by adding sections

65, 66, and 88.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 33. (1) An agency shall promulgate rules describing its

organization and stating the general course and method of its

operations. and The agency may include therein in the rules forms

with instructions. Sections 41, 42, 45, and 45a, and 66 do not

apply to such promulgation of the rules.

     (2) An agency shall promulgate rules prescribing its

procedures available to the public and the methods by which the

public may obtain information and submit requests.

     (3) An agency may promulgate rules not inconsistent

prescribing procedures for contested cases. The rules must be

consistent with this act or and other applicable statutes.

prescribing procedures for contested cases.

     Sec. 39a. (1) An Subject to section 66, an agency may publish

the notice of hearing under section 42 only if the office of

regulatory reform has received draft proposed rules and has given

the agency approval to proceed with a public hearing.

     (2) After a grant of approval to hold a public hearing by the

office of regulatory reform under subsection (1), the office of

regulatory reform shall immediately provide a copy of the proposed

rules to the committee. The committee shall provide a copy of the

proposed rules, not later than the next business day after receipt

of the notice from the office, of regulatory reform, to members of

the committee and to members of the standing committees of the

senate and house of representatives that deal with the subject

matter of the proposed rule.

     Sec. 41. (1) Except as provided in section sections 44 and 66,

before the adoption of a rule, an agency, or the office, of

regulatory reform, shall give notice of a public hearing and offer

a person an opportunity to present data, views, questions, and

arguments. The notice shall must be given within the time

prescribed by any applicable statute, or if none, in the manner

prescribed in section 42(1).

     (2) The notice described in subsection (1) shall must include

all of the following:

     (a) A reference to the statutory authority under which the

action is proposed.

     (b) The time and place of the public hearing and a statement

of the manner in which data, views, questions, and arguments may be

submitted by a person to the agency at other times.

     (c) A statement of the terms or substance of the proposed

rule, a description of the subjects and issues involved, and the

proposed effective date of the rule.

     (3) The agency, or the office of regulatory reform acting on

behalf of an agency, shall transmit copies of the notice described

in subsection (1) to each person who requested the agency in

writing or electronically for advance notice of proposed action

that may affect the person. If requested, the notice shall must be

by mail, in writing, or electronically to the last address

specified by the person.

     (4) The public hearing shall must comply with any applicable

statute, but is not subject to the provisions governing a contested

case.

     (5) The head of the promulgating agency or 1 or more persons

designated by the head of the agency who have knowledge of the

subject matter of the proposed rule shall be present at the public

hearing and shall participate in the discussion of the proposed

rule.

     Sec. 42. (1) Except as provided in section sections 44 and 66,

at a minimum, an agency, or the office of regulatory reform acting

on behalf of the agency, shall publish the notice of public hearing

as prescribed in any applicable statute or, if none, the agency, or

the office of regulatory reform acting on behalf of the agency,

shall publish the notice not less than 10 days and not more than 60

days before the date of the public hearing in at least 3 newspapers

of general circulation in different parts of the this state, 1 of

which shall must be in the Upper Peninsula.

     (2) Additional methods that may be employed by the agency, or

the office of regulatory reform acting on behalf of the agency,

depending upon the circumstances, to provide notice of the public

hearing include publication in trade, industry, governmental, or

professional publications or posting on the website of the agency

or the office. of regulatory reform.

     (3) In addition to the requirements of subsection (1) and

except as provided in section 66, the agency shall electronically

submit a copy of the notice of public hearing to the office of

regulatory reform for publication in the Michigan register.

Register. If the office of regulatory reform submitted the notice

of public hearing on behalf of the agency, the office of regulatory

reform shall publish the notice of public hearing in the Michigan

register. Register. An agency's notice shall must be published in

the Michigan register Register before the public hearing and the

agency shall electronically file a copy of the notice of public

hearing with the office. of regulatory reform. Within 7 days after

receipt of the notice of public hearing and before the public

hearing, the office of regulatory reform shall do all of the

following: before the public hearing:

     (a) Electronically transmit a copy of the notice of public

hearing to the committee.

     (b) Provide notice electronically through publicly accessible

internet media.

     (4) After the office of regulatory reform electronically

transmits a copy of the notice of public hearing to the committee,

the committee shall electronically transmit copies of the notice of

public hearing, not later than the next business day after receipt

of the notice from the office, of regulatory reform, to each member

of the committee and to the members of the standing committees of

the senate and house of representatives that deal with the subject

matter of the proposed rule.

     (5) After receipt of the notice of public hearing filed under

subsection (3), the committee may meet to consider the proposed

rule, take testimony, and provide the agency with the committee's

informal response to the rule.

     Sec. 43. (1) Except in the case of for an emergency rule

promulgated in the manner described in section 48, a rule is not

valid unless it is processed in compliance with section 66, if

applicable, section 42, and unless in substantial compliance with

section 41(2), (3), (4), and (5).

     (2) A proceeding to contest a rule on the ground of

noncompliance with the requirements of sections 41 and 42 shall or

section 66 must be commenced within 2 years after the effective

date of the rule.

     Sec. 44. (1) Sections 41, and 42, and 66 do not apply to an

amendment or rescission of a rule that is obsolete or superseded,

or that is required to make obviously needed corrections to make

the rule conform to an amended or new statute or to accomplish any

other solely formal purpose, if a statement to that effect is

included in the legislative service bureau certificate of approval

of the rule.

     (2) Sections 41 and 42 do not apply to a rule that is

promulgated under the Michigan occupational safety and health act,

1974 PA 154, MCL 408.1001 to 408.1094, that is substantially

similar to an existing federal standard that has been adopted or

promulgated under the occupational safety and health act of 1970,

Public Law 91-596. However, notice of the proposed rule must be

published in the Michigan register Register at least 35 days before

the submission of the rule to is filed with the secretary of state

under section 46(1). A reasonable period, not to exceed 21 days,

must be provided for the submission of written or electronic

comments and views following publication in the Michigan

register.Register.

     (3) Sections 41 and 42 do not apply to a change to a proposed

rule by an agency during processing of the rule if the office

determines under section 45c(3) that the regulatory impact and

impact on small businesses of the changed proposed rule are not

more burdensome than the regulatory impact and impact on small

businesses of the original proposed rule.

     (4) For purposes of subsection (2), "substantially similar"

means identical, with the exception of style or format differences

needed to conform to this or other state laws, as determined by the

office.

     Sec. 47. (1) Except in case of for a rule processed under

section 48, a rule becomes effective on the date fixed in the rule,

which shall must not be earlier than 7 days after the date of its

promulgation, or, if a date is not so fixed then in the rule, 7

days after the date of promulgation.

     (2) Except in case of for a rule processed under section 48 or

66, an agency may withdraw a promulgated rule which that has not

become effective by filing a written request stating reasons for

withdrawal to the secretary of state on or before the last day for

filing rules for the interim period in which the rules were first

filed, or by filing a written request for withdrawal to the

secretary of state and the office, of regulatory reform, within a

reasonable time, as determined by the office, of regulatory reform,

after the last day for filing and before publication of the rule in

the next supplement to the code. In any other case circumstances,

an agency may abrogate its rule only by rescission. When If an

agency has withdrawn a promulgated rule, it shall give notice,

stating reasons, to the committee that the rule has been withdrawn.

     (3) Sections 45 and 45a apply to rules for which a public

hearing has not been held by April 1, 2000.

     Sec. 48. (1) If an agency finds that preservation of the

public health, safety, or welfare requires promulgation of an

emergency rule without following the notice and participation

procedures required by sections 41 and 42 and states in the rule

the agency's reasons for that finding, and the governor concurs in

the finding of emergency, the agency may dispense with all or part

of the procedures and file in the office of the secretary of state

the copies prescribed by section 46 endorsed as an emergency rule,

to 3 of which copies shall must be attached the certificates

prescribed by section 45 and the governor's certificate concurring

in the finding of emergency. The emergency rule is effective on

filing and remains in effect until a date fixed in the rule or 6

months after the date of its filing, whichever is earlier. The rule

may be extended once for not more than 6 months by the filing of a

governor's certificate of the need for the extension with the

office of the secretary of state before expiration of the emergency

rule. Any period or extension during which an emergency rule is

effective under this subsection is tolled from the date that the

environmental rules review committee makes a determination as to a

similar rule under section 66(5)(c) until the date a public hearing

is held on the rule under section 66(7).

     (2) If the director of the department of community health and

human services determines that an imminent danger to the health or

lives of individuals in this state can be prevented or controlled

by scheduling a substance as a controlled substance under section

2251(4) of the public health code, 1978 PA 368, MCL 333.2251, and

the administrator determines that the substance should be scheduled

or rescheduled as a controlled substance, the department of

licensing and regulatory affairs may dispense with all or part of

the procedures required by sections 41 and 42 and file in the

office of the secretary of state the copies prescribed by section

46 endorsed as an emergency rule, to 3 of which copies shall must

be attached the certificate of approval and the director of the

department of community health's health and human services's

notification under section 2251(4) of the public health code, 1978

PA 368, MCL 333.2251. The office of regulatory reinvention shall

submit the emergency rule draft language to the legislative service

bureau for its formal certification within 7 business days of after

receipt from the department of licensing and regulatory affairs.

The legislative service bureau shall issue a certificate of

approval indicating whether the proposed rule is proper as to all

matters of form, classification, and arrangement within 7 business

days after receiving the submission and return the rule to the

office. of regulatory reinvention. If the legislative service

bureau fails to issue a certificate of approval within 7 business

days after receipt of the submission for formal certification, the

office of regulatory reinvention may issue a certificate of

approval. If the legislative service bureau returns the submission

to the office of regulatory reinvention before the expiration of

the 7-business-day time period, the 7-business-day time period is

tolled until the rule is returned by the office. of regulatory

reinvention. The legislative service bureau shall have has the

remainder of the 7-business-day time period to consider the formal

certification of the rule. Upon On receipt from the legislative

service bureau, the office of regulatory reinvention shall, within

7 business days, approve the proposed rule if it considers the

proposed rule to be legal and appropriate. An emergency rule

adopted under this subsection remains in effect until the earlier

date of the following:

     (a) An identical or similar rule is promulgated.

     (b) An identical or similar bill is enacted into law.

     (c) The administrator determines that the emergency rule is no

longer necessary.

     (d) Six months after the date of its filing, which may be

extended for not more than 6 months by the administrator upon on

filing a certificate of extension with the office of the secretary

of state before the expiration of 6 months after the date of its

filing.

     (3) An emergency rule shall must not be numbered and shall

must not be compiled in the Michigan administrative code,

Administrative Code, but shall must be noted in the annual

supplement to the code. The emergency rule shall must be published

in the Michigan register pursuant to under section 8.

     (4) If the agency desires to promulgate an identical or

similar rule with an effectiveness beyond the final effective date

of an emergency rule, the agency shall comply with the procedures

prescribed by this act for the processing of a rule which that is

not an emergency rule. The rule shall must be published in the

Michigan register and in the code.

     (5) As used in this section, "administrator" means that term

as defined in section 7103 of the public health code, 1978 PA 368,

MCL 333.7103.

     Sec. 65. (1) The environmental rules review committee is

created as an independent body in the office.

     (2) The environmental rules review committee consists of the

director of the department of environmental quality, or his or her

designee, the director of the department of health and human

services, or his or her designee, the director of the department of

agriculture and rural development, or his or her designee, and the

director of the department of natural resources, or his or her

designee, all of whom serve as nonvoting members, and the following

voting members appointed by the governor by and with the advice and

consent of the senate:

     (a) One individual who represents the solid waste management

industry.

     (b) One individual who represents a statewide manufacturing

organization.

     (c) One individual who represents a statewide organization

that represents small businesses.

     (d) One individual who represents public utilities that engage

in the generation, transmission, or distribution of electricity.

     (e) One individual who represents a statewide environmental

organization.

     (f) One individual who represents the oil and gas industry.

     (g) One individual who represents a statewide agricultural

organization.

     (h) One individual who represents local governments.

     (i) One individual who represents a statewide land conservancy

organization.

     (j) Two individuals who represent the general public.

     (k) One individual who is a public health professional.

     (3) A voting member of the environmental rules review

committee must possess knowledge, experience, or education that

qualifies him or her to represent the represented constituency.

     (4) An individual may not serve as a voting member of the

environmental rules review committee if any of the following apply:

     (a) The individual is an employee of any office, department,

or agency of this state.

     (b) The individual is a party to 1 or more contracts with the

department of environmental quality and the compensation paid under

those contracts in any of the preceding 3 years represented more

than 5% of the individual's annual gross income in that preceding

year.

     (c) The individual is employed by a person that is a party to

1 or more contracts with the department of environmental quality

and the compensation paid to the individual's employer under those

contracts in any of the preceding 3 years represented more than 5%

of the employer's annual gross revenue in that preceding year.

     (d) The individual was employed by the department of

environmental quality within the preceding 3 years.

     (5) An individual who is a lobbyist agent under 1978 PA 472,

MCL 4.411 to 4.431, may serve as a member of the environmental

rules review committee only if the individual does not

simultaneously receive compensation or reimbursement of actual

expenses for lobbying from more than 1 person while serving as a

member of the environmental rules review committee.

     (6) Not more than 6 of the voting members of the environmental

rules review committee may be members of the same political party.

     (7) Subject to subsection (8), a voting member of the

environmental rules review committee shall serve a term of 4 years,

except that of the members first appointed, 4 shall each serve a

term of 4 years, 4 shall each serve a term of 3 years, and 4 shall

each serve a term of 2 years. A voting member of the environmental

rules review committee must not be appointed to serve more than 3

consecutive 4-year terms but may be appointed again after not

serving on the environmental rules review committee for 1 full

term.

     (8) The term of a voting member of the environmental rules

review committee continues until a successor is appointed.

     (9) The governor may remove a voting member of the

environmental rules review committee for cause. Cause includes, but

is not limited to, repeated failure to attend meetings.

     (10) The governor shall appoint, by and with the advice and

consent of the senate, a member to fill a vacancy in the voting

membership of the environmental rules review committee created by

either of the following:

     (a) The death, resignation, or removal of a member before the

member's term has expired. A member appointed under this

subdivision shall serve for the remainder of the unexpired term.

     (b) The expiration of a member's term.

     (11) The environmental rules review committee shall not

conduct any business or perform any duties while there is a vacancy

in the voting membership of the environmental rules review

committee, except as follows:

     (a) If the vacancy is created by death, resignation, or

removal, the environmental rules review committee may continue to

conduct business and perform duties unless the governor does not

appoint an individual to fill the vacancy within 90 days. If the

governor does not appoint an individual to fill the vacancy within

90 days, the environmental rules review committee shall not conduct

any business or perform any duties until the governor appoints an

individual to fill the vacancy.

     (b) If the vacancy is created by the senate's disapproval of

an appointment under section 6 of article V of the state

constitution of 1963, the environmental rules review committee may

continue to conduct business and perform duties unless the governor

does not appoint an individual to fill the vacancy within 90 days.

If the governor does not appoint an individual to fill the vacancy

within 90 days, the environmental rules review committee shall not

conduct any business or perform any duties until the governor

appoints an individual to fill the vacancy.

     (12) The voting members of the environmental rules review

committee shall serve without compensation but may be reimbursed by

the department of environmental quality for actual and necessary

expenses incurred in the performance of their official duties as

members.

     (13) The director of the department of environmental quality

and the director of the department of health and human services

shall each select a science advisor to participate in meetings of

the environmental rules review committee and provide expert advice

to environmental rules review committee members on relevant

science-based issues that come before the environmental rules

review committee. To serve as an environmental rules review

committee science advisor, an individual must possess the proper

educational credentials and background to provide science-based

expert advice. An individual may not serve as a science advisor if

he or she is a state employee or contract employee of this state.

     (14) The business that the environmental rules review

committee may perform must be conducted at a public meeting of the

environmental rules review committee held in compliance with the

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

     (15) Nine voting members of the environmental rules review

committee constitute a quorum. A quorum must be present to transact

any business at a meeting of the environmental rules review

committee. Decisions by the environmental rules review committee at

a meeting must be made by a majority vote of the members present at

the meeting.

     (16) The environmental rules review committee shall select a

chairperson and vice-chairperson from its voting members. The

chairperson shall preside over all meetings of the environmental

rules review committee and ensure that the decisions of the

environmental rules review committee are implemented. The vice-

chairperson shall perform the duties of the chairperson in the

chairperson's absence. The chairperson and vice-chairperson shall

serve for a term of 2 years and may be selected to serve for

additional terms.

     (17) The chairperson or a majority of the members of the

environmental rules review committee may call a meeting of the

environmental rules review committee. However, a meeting may not be

called on less than 10 days' notice unless all the voting members

of the environmental rules review committee agree in writing or by

electronic means to a shorter notice period.

     (18) The environmental rules review committee may engage

administrative, technical, or legal consultants, in addition to

advisors selected under subsection (13), to assist the

environmental rules review committee in the performance of its

duties. If requested by the environmental rules review committee, a

department, agency, or office of this state may provide

administrative, technical, or legal staff, in addition to advisors

selected under subsection (13), to assist the environmental rules

review committee in the performance of its duties.

     (19) The purpose of the environmental rules review committee

is to oversee all rule-making of the department of environmental

quality as provided in this act. For purposes of this act, the

department of environmental quality includes any department,

agency, commission, or other person to whom the rule-making

authority of the department of environmental quality on the

effective date of the amendatory act that added this section is

transferred after the effective date of the amendatory act that

added this section.

     Sec. 66. (1) The office shall promptly transmit to the

environmental rules review committee electronic copies of a request

for rule-making submitted to the office by the department of

environmental quality under section 39. The department of

environmental quality is strongly encouraged to create a

stakeholder review process before beginning the rule promulgation

process to ensure that all viewpoints are adequately represented in

the proposed rule.

     (2) Within 14 days after the environmental rules review

committee receives a request for rule-making, the chairperson and

vice-chairperson may determine and notify the other members of the

environmental rules review committee that no further review of the

rule-making should be required under this section. Within 14 days

after receiving this notice, 3 members of the environmental rules

review committee may request a vote on the determination. If 7 or

more members vote to override the determination of the chairperson

and vice-chairperson, the rule-making must proceed under

subsections (3) to (12). If fewer than 7 members vote to override

the determination of the chairperson and vice-chairperson, the

request for rule-making must not proceed under subsections (3) to

(12), but must proceed under the otherwise applicable sections of

this act.

     (3) The department of environmental quality shall provide

copies of draft proposed rules and a draft regulatory impact

statement to the office and the environmental rules review

committee.

     (4) After receiving draft proposed rules under subsection (3),

the environmental rules review committee shall meet 1 or more times

to consider whether the draft proposed rules meet all of the

following criteria:

     (a) The office has certified that the draft proposed rules do

not exceed the rule-making delegation contained in the statute

authorizing the rule-making.

     (b) The draft proposed rules reasonably implement and apply

the statute authorizing the rule-making and are consistent with all

other applicable law.

     (c) The draft proposed rules are necessary and suitable to

achieve their purposes in proportion to the burdens they place on

individuals and businesses.

     (d) The draft proposed rules are as clear and unambiguous as

reasonably appropriate considering the subject matter of the

proposed rules and the individuals and businesses that will be

required to comply with the proposed rules.

     (e) The draft proposed rules are based on sound and objective

scientific reasoning.

     (5) Within 35 days after receiving draft proposed rules under

subsection (3), the environmental rules review committee shall make

1 of the following determinations:

     (a) By a vote of 9 voting members of the environmental rules

review committee, a determination that the request for rule-making

must not proceed any further under this section, but must proceed

under the otherwise applicable sections of this act.

     (b) By a majority vote of the voting members of the

environmental rules review committee, a determination that the

draft proposed rules meet the criteria in subsection (4) and may

proceed to a public hearing under subsection (7)(a).

     (c) By a majority vote of the voting members of the

environmental rules review committee, either a determination that

the draft proposed rules do not meet the criteria in subsection (4)

or that additional review is needed to determine whether the draft

proposed rules meet the criteria in subsection (4). If the

environmental rules review committee makes a determination under

this subdivision, the draft proposed rules must not proceed to a

public hearing under sections 41 and 42 but rather must follow the

process in subsection (6).

     (6) If the environmental rules review committee makes a

determination under subsection (5)(c), the environmental rules

review committee shall notify the department of environmental

quality in writing of the determination, including an explanation

as to either why the draft proposed rules do not meet the criteria

in subsection (4) or why additional review is needed. The

department of environmental quality shall then attempt to address

the environmental rules review committee's determination by taking

actions that may include, but are not limited to, convening

meetings with stakeholders or groups of stakeholders, providing

further information to the environmental rules review committee, or

revising the draft proposed rules.

     (7) The department of environmental quality shall hold a

public hearing under sections 41 and 42 only if 1 of the following

occurs:

     (a) The environmental rules review committee makes the

determination under subsection (5)(b).

     (b) The environmental rules review committee determines that

the draft proposed rules or any revised draft proposed rules

submitted by the department of environmental quality meet the

criteria in subsection (4).

     (c) Within 90 days after the department of environmental

quality receives a notice under subsection (6), which deadline may

be extended by up to 2 additional 90-day periods by a majority of

the voting members of the environmental rules review committee, the

environmental rules review committee has not determined that the

draft proposed rules or any revised draft proposed rules submitted

by the department of environmental quality meet the criteria in

subsection (4).

     (d) The environmental rules review committee fails to make a

determination under subsection (5) within 35 days after receiving

the draft proposed rules under subsection (3).

     (8) Within 120 days after a public hearing conducted by the

department of environmental quality under subsection (7), the

department of environmental quality shall prepare and submit to the

environmental rules review committee an agency report containing a

synopsis of the comments made at and received in connection with

the public hearing and a description of any changes that are

suggested by the department of environmental quality to the draft

proposed rules. If the department of environmental quality fails to

submit an agency report to the environmental rules review committee

within 120 days after the public hearing, the department of

environmental quality shall withdraw the rule request.

     (9) After the receipt of an agency report under subsection

(8), the environmental rules review committee shall meet 1 or more

times to discuss the report and comments made and testimony given

at the public hearing and approve the draft proposed rules with

modifications, approve the draft proposed rules, or reject the

draft proposed rules. If the environmental rules review committee

fails to make a determination within 120 days after receiving an

agency report under subsection (8), the draft proposed rules must

proceed under subsection (12).

     (10) If the environmental rules review committee approves the

draft proposed rules under subsection (9), the draft proposed rules

must proceed under subsection (12). If the environmental rules

review committee either approves the draft proposed rules with

modifications or rejects the draft proposed rules, the draft

proposed rules must proceed under subsection (11).

     (11) If within the time period set forth in subsection (9),

the environmental rules review committee approves the draft

proposed rules with modifications or rejects the draft proposed

rules, the environmental rules review committee shall submit a

notice of objection to the director of the department of

environmental quality and the governor that includes an explanation

of its decision. The department of environmental quality shall then

attempt to resolve any issues with the environmental rules review

committee, which resolution may include submitting revised draft

proposed rules. If the environmental rules review committee and the

department of environmental quality resolve all issues, the draft

proposed rules must proceed under subsection (12). If all issues

are not resolved before 11 months after the date of the last public

hearing on the draft proposed rules, the department of

environmental quality shall submit a written finding to the

governor on its final position on the draft proposed rules or

revised draft proposed rules. If the governor concurs with the

department of environmental quality's finding, the governor shall

direct the director of the department of environmental quality to

proceed with the draft proposed rules under subsection (12). If the

governor does not concur with the department of environmental

quality's finding, the governor shall direct the department of

environmental quality to withdraw the draft rules.

     (12) If draft proposed rules proceed under this subsection as

provided in this section, the office shall transmit by notice of

transmittal to the committee copies of the rules, the request for

rule-making, the synopsis of the comments contained in the public

hearing record, a description of any revisions to the proposed

rules that were made after the public hearing, and certificates of

approval from the legislative service bureau and the office. The

office shall also electronically submit to the environmental rules

review committee a copy of the rule and any certificates of

approval from the legislative service bureau and the office. The

office shall electronically transmit to the environmental rules

review committee the information described in this subsection

within 1 year after the date of the last public hearing.

     Sec. 88. In a contested case regarding a permit, as that term

is defined in section 1301(g) of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.1301, the

designation of a presiding officer, the effect of a decision by a

presiding officer, the availability of other administrative

remedies, and judicial review are controlled by sections 1315 and

1317 of the natural resources and environmental protection act,

1994 PA 451, MCL 324.1315 and 324.1317.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 653 of the 99th Legislature is enacted into

law.