Saturday, January 23, 2010

Alternative Approach to Chapter 341 - Expand the Role of OEQC

The Study considered a range of alternatives that were ultimately not preferred. This background document presents one alternative approach to governance.

The purpose of providing this alternative approach as part of the study’s background documents on the study website is to facilitate transparency about the study’s deliberative process and to facilitate further discussion of these important issues.

Instead of elevating the role of the Environmental Council, as proposed in the study’s omnibus bill (attached as Appendix 3 to the Jan. 1, 2010 Report), this alternative approach would amend Chapter 341 to significantly expand the role and authority of OEQC, transform the Environmental Council into a smaller advisory body to advise to OEQC and retain only their “liaison to the public” function, and shift to OEQC the Council’s current duties of rulemaking, exemption lists, and the annual report.

Some of the study team’s recommendations are common to both the omnibus bill and to this alternative approach. In this “full text” version of Chapter 341, the common recommendations are noted in italics. Amendments are underlined; deletions are in strikethrough and brackets. The footnotes provide brief explanations as well as links to the (common) numbered recommendations in the report.

To avoid confusion with the proposed omnibus bill, a bill format is not provided for this alternative approach to governance although the Legislative Reference Bureau did generously assist the study team with preliminary drafting of this alternative in bill format. Furthermore, this document is current with the report submitted to the legislature and will not be updated to reflect any changes to the proposed omnibus bill as it moves through the legislative process.

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