324.5708 Small business clean air compliance advisory panel.

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Sec. 5708.

(1)The small business clean air compliance advisory panel is created within the program.

(2)The advisory panel shall be broadly representative of the regulated small business community and shall include women members and members who are minorities. The advisory panel shall consist of the following members:

(a)Two members appointed by the governor to represent the general public and who are not owners or representatives of owners of small business stationary sources.

(b)One member appointed by the republican leader of the senate who is an owner or a representative of owners of small business stationary sources.

(c)One member appointed by the democratic leader of the senate who is an owner or a representative of owners of small business stationary sources.

(d)One member appointed by the republican leader of the house of representatives who is an owner or a representative of owners of small business stationary sources.

(e)One member appointed by the democratic leader of the house of representatives who is an owner or a representative of owners of small business stationary sources.

(f)One member appointed by the department.

(3)Members of the advisory panel shall serve for terms of 4 years, or until a successor is appointed, whichever is later. However, of the members first appointed, the members appointed by the governor shall serve for 3 years, the members appointed by the senate shall serve for 1 year, and the members appointed by the house of representatives and the member appointed by the department shall serve for 2 years.

(4)If a vacancy occurs on the advisory panel, the governor, the department, or the appropriate legislative leader who made the appointment shall make an appointment for the unexpired term in the same manner as the original appointment.

(5)The first meeting of the advisory panel shall be called within 90 days of the appointment of all advisory panel members. At the first meeting the advisory panel shall elect from among its members a chairperson and other officers as it considers necessary or appropriate.

(6)A majority of the members of the advisory panel constitutes a quorum for the transaction of business at a meeting of the advisory panel. A majority of the members present and serving are required for official action of the advisory panel.

(7)Members of the advisory panel shall serve without compensation. However, members of the advisory panel may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the advisory panel.

(8)The advisory panel shall do all of the following:

(a)Consult with the ombudsman and the head of the program to plan the work of the panel, including the frequency of meetings, agenda items, and reports to be issued by the panel.

(b)Determine whether the program should utilize private contractors hired by the program or utilize expertise within the program, or both, to meet the requirements of this part that pertain to providing technical assistance to small businesses.

(c)Prepare advisory reports concerning all of the following:

(i)The effectiveness of the office and program.

(ii)The difficulties encountered and degree and severity of enforcement of part 55.

(iii)The costs of operating the office and the program.

(iv)The average costs of different categories of small businesses in complying with the air quality enforcement program of this state.

(d)Periodically report to the administrator of the United States environmental protection agency regarding compliance by the program with the broad intent of all of the following acts as may be applicable:

(i)Chapter 35 of title 44 of the United States Code, 44 U.S.C. 3501 to 3520, relating to paperwork reduction.

(ii)Sections 601 to 612 of title 5 of the United States Code, 5 U.S.C. 601 to 612, relating to regulatory flexibility.

(iii)Section 504 of title 5 of the United States Code, 5 U.S.C. 504, and section 2412 of title 28 of the United States Code, 28 U.S.C. 2412, relating to equal access to justice.

(e)Review information prepared by the program for small businesses to assure that the information is understandable to laypersons.

(f)Utilize the program to act as staff to develop and disseminate the work product of the advisory panel.

(9)The advisory panel shall provide copies of advisory reports prepared by the advisory panel to the United States environmental protection agency, the department, the legislature, and the department of commerce. In addition, the reports shall be made available to any person upon request.

History: 1994, Act 451, Eff. Mar. 30, 1995

Compiler's Notes: For transfer of authority, powers, duties, functions, and responsibilities, including budgeting procurement and management-related functions, of the office of the small business clean air ombudsman to the Michigan jobs commission, see E.R.O. No. 1995-1, compiled at MCL 408.49 of the Michigan Compiled Laws.

Popular Name: Act 451

Popular Name: NREPA