2009 House Bill 4909

Limit state regulation promulgation authority

Introduced in the House

May 12, 2009

Introduced by Rep. Gail Haines (R-43)

To prohibit a state department delegated to implement a federal regulation from promulgating rules more stringent than required by federal standards, unless specifically required to by state statute. This primarily applies to the Department of Environmental Quality and federal wetlands regulation, but could also apply others including the Michigan Occupational Safety and Health Administration (MIOSHA) and federal workplace safety regulations, including ergonomics regulations. The bill would prohibit enforcement of an agency “guideline,” “bulletin,” or “interpretive statement” that has not been promulgated as an official state regulation under procedures specified in statute. It would also establish specific procedures for an agency proceeding to the rule promulgation process following a recommendation by an advisory committee, among other things requiring a formal “decision record” from the committee.

Referred to the Committee on Regulatory Reform