SE Grand Rapids News

State Representative Gina Johnsen has introduced House Bill 4160, aiming to bring back Michigan's "no stricter than federal" rulemaking standard. This policy requires additional legislative scrutiny when state departments propose rules that go beyond federal regulations.

Johnsen explained the reasoning behind the bill: “While most department officials mean well, when they’re operating in their own echo chambers it’s sometimes hard to see the real-world consequences of new rules,” said Johnsen, R-Portland. She emphasized the potential negative impact on small businesses due to excessive regulations, adding that while protecting the environment and communities is crucial, it should not hinder living or doing business in Michigan. “Reinstating this common-sense framework will ensure state employees fully vet their regulations and all potential consequences before forcing them onto the public.”

The "no stricter than federal" standard was repealed by Governor Gretchen Whitmer in 2023. Nearly three years later, Johnsen seeks to restore it, requiring state agencies to provide a compelling rationale for any administrative rules more stringent than federal ones.

The proposed framework aims to prevent Michigan's requirements from exceeding federal guidelines unless absolutely necessary. It seeks to create a stable and business-friendly environment that promotes economic growth and investment.

“Reinstating this standard would require administrative rules that exceed federal benchmarks to undergo a rigorous justification process," Johnsen stated. She highlighted that this approach balances economic vitality with protecting natural resources and community well-being while keeping Michigan’s regulatory framework aligned with federal standards.

House Bill 4160 has been sent to the House Rules Committee for further review.