Bill > HB4160

This bill amends the Administrative Procedures Act of 1969 to place new restrictions on state agencies when creating rules that are more stringent than federal regulations. Specifically, the bill adds two new provisions to the existing law: First, if the federal government has mandated that a state agency create rules, the agency cannot adopt rules more stringent than the federal standard unless the agency director determines there is a "clear and convincing need" to exceed the federal standard. Second, if the federal government has not mandated rules, an agency cannot create rules more stringent than federal standards unless specifically authorized by state statute or the agency director determines there is a "clear and convincing need" to do so. The bill also requires that when an agency proposes a more stringent rule, its regulatory impact statement must include specific details explaining the exceptional circumstances and facts that justify the more stringent standard. There is a specific exemption for special education rules, which are not subject to these new restrictions when amending existing rules. The overall aim of the bill appears to be limiting state agencies' ability to create regulations that go beyond federal requirements, potentially reducing regulatory burden on businesses and individuals.

Government Affairs

https://legislature.mi.gov/Bills/Bill?ObjectName=2025-HB-4160