Loss of environmental oversight boards looming

The state House and Senate are moving closer to eliminating three environmental oversight boards within the Department of Environment, Great Lakes, and Energy. Michigan Farm Bureau remains opposed to the effort after advocating for their establishment in 2018.

House Bills 4824-4826 will eliminate the Environmental Rules Review Committee. The trio of bills were ordered enrolled on Feb. 20 and awaits Gov. Whitmer’s final approval. 

Senate Bill 393-394 will eliminate the Environmental Science Advisory Board and the Environmental Permit Review Commission. These bills passed the House Natural Resources, Environment, Tourism and Outdoor Recreation on Feb. 22 and await a vote on the House floor.

Throughout the legislative process, the bills have been passed on party-line votes with only House and Senate Democrats supporting the measure.

MFB has been a strong voice of opposition as the bills were considered by the Senate Regulatory Affairs Committee and House Natural Resources, Environment, Tourism and Outdoor Recreation Committee. 

Ben Tirrell, MFB legislative counsel, told both committees in his written testimony that the organization wants to see the state reinvest in the boards instead of disbanding them. 

“We believe regulatory agencies should be subject to a review process for rulemaking decisions, based on the highly scientific and technical nature of many of these determinations,” Tirrell said. 

“These are valuable tools in reaching our economic development and population growth goals. These entities provide an important level of scientific review and transparency that encourages businesses to invest in our state, providing the jobs Michigan needs to retain talent.”

Under current law, the boards have the following responsibilities:

• The governor-appointed Environmental Permit Review Commission was created to advise the Department of Environment, Great Lakes, and Energy’s (EGLE) Director on disputes related to permits and permit applications.

• The Environmental Rules Review Committee was created to oversee EGLE’s rulemaking.

• The Environmental Science Advisory Board was created to advise the governor and any state office, agency, or department on issues affecting the protection of the environment or management of natural resources in the State, upon request of the governor.

Less oversight and more authority?

MFB is also actively opposing House Bill 5205 and Senate Bill 663 that would transfer water quality rulemaking authority from the state legislature to MDEGLE. 

Tirrell testified before the House Natural Resources, Environment, Tourism and Outdoor Recreation Committee on Jan. 19 and the Senate Energy and Environment Committee on Feb. 22. The committees have yet to vote on the proposal. 

Read Tirrell’s s full remarks on behalf of MFB.

If approved, the bills would cause a dramatic shift in governance. The Legislature rescinded the department’s water quality rulemaking authority under Part 31 of the Natural Resources and Environmental Protection Act nearly two decades ago; the law was enacted in 2004 by then Gov. Jennifer Granholm, who supported and approved the bipartisan agreement.