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Legislative Priorities-Environmental Quality
ISSUE: Stop Regulatory
Overreach by the Department of Environmental Quality
CHAMBER MEMBERS ADVOCATE:
Supporting legislation that prohibits state agencies from promulgating rules more stringent than the federal
standard unless specifically authorized by statute.
Supporting legislation to ensure timely action by state government on permits.
-- Failure to meet statutory deadlines by regulatory agencies should result in
automatic issuance of permits and full refunds of permit fees.
-- Authorize the use of private sector contractors to help complete work in a timely and professional manner.
-- Support legislation to authorize permit applicants to seek expedited legal review of permit denials, including damages and attorney fees for failure
by state agencies to meet regulatory deadlines or for improper denials.
-- Support the establishment of metrics and online report cards to track the performance of state agencies in meeting statutory time frames.
Supporting exploring efforts to return back to the federal government of
under-performing, federally-authorized regulatory programs currently being
administered by state government, with termination of parallel state programs,
legislation and rules. The state should seek to eliminate duplicative efforts of
review with the federal government. Programs should be evaluated through a
series of metrics that include overall customer service, length of time to
process permits, cost to the state of Michigan, and measurable environmental
benefits.
Ensuring that any fee increases include reforms that reduce regulatory burdens.
Fees should only be used to pay for the processing of permit applications.
General Fund dollars should be used to support compliance assistance,
enforcement, rent, computers, and central office support. All fee proposals must
include sunsets and defensible workload analysis justifying the need for the fee
and budgetary documentation showing proper use of fee funds.
Supporting the elimination of duplicative regulation between state agencies and
even between divisions within one state agency. Businesses should not have to
seek multiple approvals on the same issue.
Supporting legislation to strengthen the rulemaking process.
-- Create a standardized process for when MDEQ or any agency issue rules.
This would include the development of an administrative record, preamble, and
responses by the agency to comments and publication of these as well as of the
draft rules (including on the State website).
-- Require a periodic review of all existing rules to determine their
effect on Michigan’s overall competitiveness.
-- Support legislation to authorize affected individuals that successfully
challenge rules as improper to receive statutory damages and attorney fees.
-- An independent Environmental Science Board should be created by the
Legislature to review science and findings and conclusions from the MDEQ.
Supporting efforts to revise the guidance document and operational memoranda
process.
-- Ensure that guidance documents are defined to include operational (op)
memoranda and similar documents so that it is clear that these op memos (and
other similar documents) cannot bind entities other than the agency issuing
them.
-- All new guidance documents including op memos (and similar documents)
and changes to existing documents must go through a specified stakeholder
process including notice and the opportunity to comment prior to adoption.
-- Draft op memos cannot be relied upon or utilized by any agency until
they have been finalized
-- Notice of op memos and copies of the op memos must be made clearer
through the DEQ website and other avenues
-- The APA should include remedies for agency violations of the APA beyond
those already included to provide a disincentive to the adoption and application
of the APA beyond those already included.
WHY?
Michigan’s regulatory burden is negatively affecting economic growth. Delay of
permit processing imposes serious economic constraints on the ability of
businesses to plan for their operations. MDEQ has been unilaterally imposing
standards beyond federal rules, beyond state legislation and in some cases even
beyond state rules, making Michigan less competitive with other states. The
Legislature must take aggressive action to help reduce the overall regulatory
burden which will help to encourage job growth and investment in Michigan.
Issue: Protect the Great Lakes and Allow Reasonable Use of Water Resources
CHAMBER MEMBERS ADVOCATE:
Supporting the implementation of the scientifically-based groundwater model
established under Public Acts 179-190 of 2008. Implementation of the model must
protect existing water users through full recognition of registered capacity
levels.
Supporting continuation of sector-driven voluntary water conservation efforts created by statewide trade
associations consistent with Public Acts 179-190 of 2008.
Opposing efforts to expand the public trust doctrine or further restrict Compact- recognized consumptive uses.
Supporting implementation of the Great Lakes Compact as ratified by the states and Congress. Oppose efforts
to expand the scope of the Compact through regional governance measures and
procedures without legislative approval. The newly- created Regional Body must
establish an open and transparent process in its decision-making process.
Supporting federal funding for those portions of the Great Lakes Regional
Collaboration’s Restoration Strategy that provide economic benefits for the
region and have measurable results and a demonstrated cost benefit analysis.
Funding for the Great Lakes must have a targeted and prioritized spending plan.
Supporting reforms to the state’s wetlands program. Fee increases being sought
by the department must include reforms to the program. Reforms should include
ensuring definitions and permits are consistent with federal standards, creating
exemptions for wet areas created by human activity, and a creation of a
comprehensive statewide wetland inventory. If reforms are not achieved,
the state should explore returning the wetlands program back to the federal
government.
Supporting careful deliberation in the ongoing review of Michigan's wetlands
program by the U.S. Environmental Protection Agency. The review should be
closely monitored and the interests of Michigan's residents and businesses
should be taken fully into account before proposing or adopting any material
changes in the program and before eliminating any permitting exemptions.
WHY?
Michigan’s economy is heavily dependent on the availability and access to water
resources. A recent Brookings Institution analysis showed the Great Lakes and coastal
systems can be a major catalyst for economic growth. It is critical that the
Great Lakes are protected from harmful diversions to help ensure that water and
jobs remain in Michigan. At the same time, any further regulation of water
resources or significant limitations on access to water must balance the need
for resource protection with the need to grow our jobs and the economy.
Issue: Enact Balanced Solid Waste and Recycling Laws
CHAMBER MEMBERS ADVOCATE:
Supporting efforts to streamline rules and regulations related to waste
management and recycling. The state should adopt as written the EPA's
Final Rule revising the Definition of Solid Waste, encourage the beneficial
reuse of waste, and minimize reporting requirements such as those in the current
manifest system.
Supporting implementation of a cost-effective, market-based statewide plan to
encourage waste reduction and waste utilization. Funding of such a plan may
include a recycling fee of not more than one-cent per sales transaction on
tangible goods sold at retail. For any new funding source, measures must be
taken to ensure that there is accountability in the process and clear measurable
goals and outcomes to the purpose and that any new tax generates more revenue
than its total cost to administer.
Opposing new solid waste taxes.
Opposing expansion of the bottle deposit law.
Opposing new landfill bans not supported by scientific and proven environmental
evidence.
WHY?
Solid and industrial waste policies need to achieve a balance that benefits job
providers, the environment, and all of society. To achieve this balance, the
state needs to develop and implement a comprehensive cost-effective program to
minimize waste generation and maximize waste utilization and recycling. This
should be done by focusing on market-based approaches rather than top-down
mandates. Prescriptive regulatory options, such as expanded container deposit
laws or unnecessary garbage taxes, will increase costs for Michigan
manufacturers and retailers and make Michigan less competitive in a global
marketplace. Outdated rules related to disposal of industrial waste are causing
job providers to needlessly spend resources with no corresponding environmental
benefits.
Issue: Develop Reasonable Air Quality Standards
CHAMBER MEMBERS ADVOCATE:
Supporting efforts to promote the advancement and deployment of greenhouse gas
reduction technology. Michigan offers a lot of opportunities for the development
of clean energy, including renewable and carbon capture and storage
technologies. Efforts should be undertaken to ensure that there are no conflicts
with the state constitution, to establish a clear set of property rights, and to
address future liability issues associated with stored carbon.
Opposing the adoption of mandatory state-only or regional greenhouse gas
regulations. A state-only or regional approach would make Michigan uncompetitive
and do little or nothing to affect the climate.
Supporting efforts to extend the current air quality Title V fee. The air fee
must not exceed the federal presumptive minimum. Cost-saving reform measures
should be implemented, including value stream mapping throughout the entire air
program.
Supporting streamlining
Michigan’s Air Toxic Review Program. Air toxic reviews can add significant
delays and costs for job providers often without measurable benefit to the
environment.
WHY?
Many factors influence business location decisions. One key factor is the
overall regulatory structure. Michigan should work to ensure that our
regulations are competitive with the rest of the country. Any solution on
climate change must preserve Michigan jobs and help keep Michigan competitive in
the global economy.
ISSUE: Reinvigorate Cleanup of Contaminated Sites
CHAMBER MEMBERS ADVOCATE:
Opposing efforts to provide
state government with more funding for cleanups unless dramatic reforms are made
to the cleanup program. The current program is impeding development in our state
and chasing away investment dollars from the private sector. Reforms are
necessary to improve process certainties, enhance agency cooperation and ensure
closures are occurring.
Supporting reprioritizing the
efforts of the agency to focus on achieving closure of sites. Metrics should be
established that record annual closures being achieved. Failure to achieve
cleanup goals should result in a decrease in agency funding.
Supporting the creation of an
administrative review board made up of qualified technical experts that would
act as an appeals board on decisions being made by the state agency.
Supporting efforts to
establish an open and transparent decision-making process by the Department of
Environmental Quality. Currently, much of the Department’s decision-making on
remedial action plans is conducted in secrecy and the responsible party is
afforded no opportunity to participate or respond to issues before being handed
what is effectively a final decision. This is particularly true of the
Department’s RAT team (Remediation Advisory Team). Applicants should be given
the ability to defend their applications and have an understanding of why
applications are denied.
Supporting efforts to
streamline the decision-making process. There should be hard deadlines on all
reviews and consequences if the agency does not hit the deadlines. Shorter time
frames (30 days) should be established for reviews of low-risk sites. Automatic
approvals should be established if the agency fails to meet the time lines.
Continuing support of the
current causation-based liability scheme and risk-based cleanup standards
contained in Part 201. These standards are essential components for a successful
Brownfield Redevelopment cleanup program.
WHY?
In the mid 1990’s, policymakers in Michigan recognized the need to develop a
comprehensive strategy to clean up and put into productive use contaminated
properties. This strategy made Michigan a leader in the brownfield redevelopment
movement. Unfortunately, the success of Michigan’s cleanup program is now
waning. The program has become over-burdensome and few closures of sites are now
occurring. To return as a leader in the cleanup and redevelopment field and
entice business investment in our communities, Michigan must enact reforms to
improve the performance of our cleanup program.
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