The Legislature last week rejected Governor Whitmer’s Executive Order 2019-2 to reorganize state government and eliminate three regulatory advisory panels created in statute in 2018 and supported by MMA.
Last week, by a party line vote, the Michigan Senate rejected Governor Whitmer’s Executive Order 2019-2. One week earlier, the House also rejected the Executive Order; and with both houses now having supported House Concurrent Resolution 1, it is officially eliminated.
“Executive Order 2019-2 contained many provisions reorganizing state government and consolidating several functions to create the Department of Environment, Great Lakes, and Energy,” explained Mike Johnston, MMA vice president of government affairs. “However, the Legislature rejected the Executive Order, principally because it also eliminated three advisory panels statutorily created by the Legislature last year, and supported by MMA, to oversee the permit process, the rules process and a science review board.”
House Concurrent Resolution 0001 (legislative site)
MMA supports the Legislature’s action to reject the Executive Order for two fundamental reasons
- We believe the Governor’s action to eliminate these panels created by statute exceeds her constitutional authority to reorganize government. Eliminating those statutorily created panels effectively is a retroactive veto of laws, a power she does not possess.
- We support the intent of the panels that provide more transparency and accountability in the permit and rule process. In the permit process, allowing applicants to voice disagreement about a permit during the review process will help expedite decision making for the regulated community and speed up the bureaucratic process to meet the speed of the economy. We also strongly supported the panel to oversee the rules development process as a critical check and balance on the substantial power of the agencies to create rules and regulations that define and impact Michigan’s business climate.
“We anticipate this fight is not over and Governor Whitmer may look to issue a new executive order that removes the permit, rules and science panels,” said Johnston.
Contact MMA’s Mike Johnston, at 517-487-8554 or firstname.lastname@example.org, with any questions and to learn more about this issue.