December 6, 2017, Introduced by Reps. Bellino, Glenn, Howell and VanderWall and referred to the Committee on Natural Resources.


     A bill to amend 1994 PA 451, entitled


"Natural resources and environmental protection act,"


(MCL 324.101 to 324.90106) by adding part 26.






     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.


     (c) Economics.


     (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




     Sec. 2609. (1) The board shall advise 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.


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




     (d) Analogous practices used or positions taken by the federal


government and regulatory bodies in other states.


     (e) Economic reasonableness.


     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


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, shall 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.


     (c) Providing any information.


     (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 takes effect 90 days


after the date it is enacted into law.


     Enacting section 2. 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.____ or House Bill No. 5331 (request no.




     (b) Senate Bill No.____ or House Bill No. 5332 (request no.