MI HB6359

Establishes a 15-member Response Activity Review Panel to advise the director on technical and scientific disputes concerning response activity plans and no further action reports, with members requiring professional engineering/geology licenses or relevant advanced degrees plus 6-10 years of experience.

Panel members must remain independent from state employment and cannot have received more than 5% of annual gross revenue from department contracts in the preceding 3 years; serve 3-year terms with possibility of one reappointment, with 2-year waiting period after two consecutive terms.

Creates appeal process for persons submitting response activity plans or no further action reports, requiring $3,500 petition fee, with director attempting 45-day negotiation before convening 5-panel members selected by expertise to hear dispute.

Panel must issue recommendation within 45 days with written scientific/technical rationale; director has 60 days to issue final decision and must incorporate panel recommendation or provide written rationale for rejection; panel recommendation becomes final if director fails to decide within timeframe.

Modifies liability provisions to clarify owner/operator liability requires baseline environmental assessment and documentation; exempts certain lenders, government entities acquiring property involuntarily, lessees of retail/office/commercial properties, and persons operating wind energy conversion systems.