HOUSE BILL NO. 5452
February 04, 2020, Introduced by Reps. Kuppa,
Hammoud, Ellison, Greig, Pohutsky, Cynthia Johnson, Koleszar, Anthony,
Tyrone Carter, Garza, Coleman, Brenda Carter, Shannon, Robinson, Byrd,
Chirkun, Hertel, Manoogian, Hood, Sowerby, Lasinski, Guerra, Clemente,
Hope, Kennedy, Witwer, Tate, Sabo, Wittenberg, Brixie, Haadsma, Love,
Camilleri, Cherry, Hoadley, Stone, Yancey, Garrett, Gay-Dagnogo, Jones and Rabhi
and referred to the Committee on Natural Resources and Outdoor Recreation.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending sections 33, 39a, 41, 42, 43, 44, 47, 48, 65, and 66 (MCL 24.233, 24.239a, 24.241, 24.242, 24.243, 24.244, 24.247, 24.248, 24.265, and 24.266), sections 33, 39a, 41, 42, 43, 44, 47, and 48 as amended and sections 65 and 66 as added by 2018 PA 267.
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. The agency may include in the rules forms with instructions.
Sections 41, 42, 45, and 45a , and 66 do not apply to 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 prescribing procedures for contested cases. The rules must be consistent
with this act and other applicable statutes.
Sec. 39a. (1) Subject to section 66, an An agency may publish the notice of hearing under
section 42 only if the office 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 under subsection (1), the
office 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, 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 sections section 44, and 66, before
the adoption of a rule, an agency, or the office, shall give notice of a public
hearing and offer a person an opportunity to present data, views, questions,
and arguments. The notice 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) 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 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 must be by mail, in writing, or electronically
to the last address specified by the person.
(4) The public hearing
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 sections section 44, and 66, at
a minimum, an agency, or the office 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 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 not less than 3 newspapers of general
circulation in different parts of this state, 1 of which must be in the Upper
Peninsula.
(2) Additional methods
that may be employed 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.
(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 for publication in the Michigan Register. If
the office submitted the notice of public hearing on behalf of the agency, the
office shall publish the notice of public hearing in the Michigan Register. An
agency's notice must be published in the Michigan Register before the public
hearing and the agency shall electronically file a copy of the notice of public
hearing with the office. Within 7 days after receipt of the notice of public
hearing and before the public hearing, the office shall do all of the
following:
(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
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, 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 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 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 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
at least not less than 35 days before the rule 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.
(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 for a rule processed under section
48, a rule becomes effective on the date fixed in the rule, which must not be
earlier than 7 days after the date of promulgation, or, if a date is not fixed
in the rule, 7 days after the date of promulgation.
(2) Except for a rule
processed under section 48, or 66, an agency may
withdraw a promulgated rule 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, within a reasonable time, as determined by the office,
after the last day for filing and before publication of the rule in the next
supplement to the code. In any other circumstances, an agency may abrogate its
rule only by rescission. 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 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) or until the date the environmental rules review committee
is abolished under section 65(20), whichever is earlier.
(2) If the director of
the department of 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 must be attached
the certificate of approval and the director of the department of health and
human services's notification under section 2251(4) of the public health code,
1978 PA 368, MCL 333.2251. The office shall submit the emergency rule draft
language to the legislative service bureau for its formal certification within
7 business days 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. 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 may issue a certificate
of approval. If the legislative service bureau returns the submission to the
office 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.
The legislative service bureau has the remainder of the 7-business-day time
period to consider the formal certification of the rule. On receipt from the
legislative service bureau, the office 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 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
must not be numbered and must not be compiled in the Michigan Administrative
Code, but must be noted in the annual supplement to the code. The emergency
rule must be published in the Michigan register Register 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 that is not an
emergency rule. The rule 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 Subject to
subsection (20), 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, environment, Great Lakes, and energy, 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 environment, Great Lakes, and energy 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 environment, Great Lakes, and energy 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 environment,
Great Lakes, and energy 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 environment, Great Lakes, and energy for actual and
necessary expenses incurred in the performance of their official duties as
members.
(13) The director of the
department of environmental quality environment, Great Lakes, and energy 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 environment, Great Lakes, and energy as
provided in this act. For purposes of this act, the department of environmental quality environment, Great Lakes, and energy includes
any department, agency, commission, or other person to whom the rule-making
authority of the department of environmental
quality environment,
Great Lakes, and energy on the effective date of the amendatory act that added this section June 29, 2018 is transferred after the effective date of the
amendatory act that added this section.June 29, 2018.
(20)
On the effective date of the amendatory act that added this subsection, the
environmental rules review committee is abolished.
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 environment, Great Lakes, and energy under
section 39. The department of environmental
quality environment,
Great Lakes, and energy 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 environment, Great Lakes, and energy 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 environment, Great Lakes, and energy 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 environment, Great Lakes, and energy 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 environment, Great Lakes, and energy 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 environment, Great Lakes, and energy meet the
criteria in subsection (4).
(c) Within 90 days after
the department of environmental
quality environment,
Great Lakes, and energy 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 environment, Great Lakes, and energy 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 environment, Great Lakes, and energy under
subsection (7), the department of environmental quality environment, Great Lakes, and energy 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 environment, Great Lakes, and energy to
the draft proposed rules. If the department of environmental quality environment, Great Lakes, and energy fails to submit
an agency report to the environmental rules review committee within 120 days
after the public hearing, the department of environmental quality environment, Great Lakes, and energy 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 environment, Great Lakes, and energy and the
governor that includes an explanation of its decision. The department of environmental quality environment, Great Lakes, and energy 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 environment, Great Lakes, and energy 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 environment, Great Lakes, and energy 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 environment,
Great Lakes, and energy's finding, the governor shall direct the
director of the department of environmental
quality environment,
Great Lakes, and energy to proceed with the draft proposed rules
under subsection (12). If the governor does not concur with the department of environmental quality's environment, Great Lakes, and energy's finding,
the governor shall direct the department of environmental quality environment, Great Lakes, and energy 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.
(13) This section does not apply after the effective date of the amendatory act that added this subsection. A request for rule-making that is pending before the environmental rules review committee on the effective date of the amendatory act that added this subsection must proceed under the otherwise applicable sections of this act. A rule is not invalid for a failure to comply with this section.