RULE PROMULGATION; MODIFY S.B. 14:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 14 (as introduced 1-17-23) (Senate-passed version)
Committee: Energy and Environment
CONTENT
The bill would amend the Administrative Procedures Act to delete provisions that prohibits an agency from adopting or promulgating a rule more stringent than the applicable Federally mandated standards except for in specified circumstances.
Generally, the Act governs the publication of administrative rules. It prescribes procedures for their implementation, requirements that they must meet, and restrictions to their scope.
The bill would delete the following provisions of the Act.
Under the Act, except for an emergency rule, and subject to a provision exempting the amendment of special education programs and services rules, an agency may not adopt or promulgate a rule more stringent than the applicable Federally mandated standard except under one of the following circumstances:
-- The director of the agency determines that there is a clear and convincing need to exceed the applicable Federal standard.
-- A statute of the State specifically authorizes exceeding the applicable Federal standard.
In addition, the Act specifies that the restrictions above do not apply to the amendment of the special education programs and services rules; however, they do apply to the promulgation of new rules relating to special education with the rescission of current rules.
MCL 24.232 Legislative Analyst: Tyler P. VanHuyse
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Fiscal Analyst: Cory Savino, PhD
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.