Administrative procedure: rules; adoption of rules by state agencies more stringent than federal regulations; prohibit. Amends secs. 32 & 45 of 1969 PA 306 (MCL 24.232 & 24.245).
Impact
The impact of SB 0123 extends to the operational procedures of state agencies, particularly in how they draft, approve, and implement regulations. By limiting the ability of agencies to impose stricter standards, the bill is intended to minimize the regulatory burden on businesses, especially small enterprises, which may struggle with compliance costs. The regulatory impact statement that agencies must prepare alongside new rules is designed to evaluate the economic implications and benefits of proposed regulations, ensuring that the interests of small businesses are considered.
Summary
Senate Bill 0123 seeks to amend the 1969 Administrative Procedures Act by modifying sections pertaining to how rules are adopted by state agencies. The key amendment prohibits state agencies from adopting rules that are more stringent than existing federal regulations unless there is a clear and convincing need to do so. This provision aims to ensure that state rules align closely with federal standards, thereby promoting consistency across different levels of regulation and facilitating compliance for businesses operating in multiple jurisdictions.
Contention
Notably, the bill has sparked discussions regarding the balance between necessary state regulations and federal standards. Advocates argue that maintaining consistency with federal regulations reduces confusion and promotes easier compliance for businesses. However, critics may contend that this restriction could hinder the state's ability to respond to unique local needs and implement regulations that serve the public interest effectively. The debate centers around whether restricting state-level rule-making is a prudent measure or an overreach that limits state agency capabilities.
Administrative procedure: rules; adoption of rules by state agencies more stringent than federal regulations; prohibit. Amends secs. 32 & 45 of 1969 PA 306 (MCL 24.232 & 24.245).
Administrative procedure: guidelines; de novo review during administrative law hearings; allow. Amends secs. 79 & 106 of 1969 PA 306 (MCL 24.279 & 24.306).
Administrative procedure: rules; definition of a rule; exclude cleanup criteria and target detection limits. Amends sec. 7 of 1969 PA 306 (MCL 24.207). TIE BAR WITH: HB 4640'25, HB 4636'25
Administrative procedure: rules; definition of a rule; exclude cleanup criteria and target detection limits. Amends sec. 7 of 1969 PA 306 (MCL 24.207). TIE BAR WITH: SB 391'25, SB 392'25
Cost-benefit analysis required for proposed administrative rules, adoption of certain rules prohibited, and notice to legislature upon adoption of exempt rules required.