Michigan House Bill HB5245

Michigan 2023-2024 Regular Session

• Introduced: 10/25/23
• Refer: 10/25/23

Caption

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 5242'23, HB 5247'23

Impact

The proposed amendments to HB 5245 potentially reshape the landscape of public agency rule-making in Michigan by narrowing the scope of what can be considered a rule. By excluding certain provisions and clarifying definitions, the bill seeks to prevent confusion in administrative processes. This move is largely seen as a response to increasing complexities in public policymaking and aims to foster more efficient governance by delineating clear guidelines for agency regulations. The implications of such changes could resonate across various sectors, including healthcare and environmental management.

Summary

House Bill 5245 is an amendment to the Administrative Procedures Act of 1969, specifically concerning the definitions and exclusions of what constitutes a 'rule' in the context of agency regulations. The bill modifies Section 7 of the original act and aims to provide clarity on the types of agency regulations that are applicable. This includes the establishment of certain exclusions from the definition of a rule, such as cleanup criteria and regulations pertaining to game and fish management. The intent behind these changes is to streamline agency operations and clarify which provisions fall under the rule-making authority of state agencies.

Contention

However, the bill has sparked some debate among stakeholders. Critics of HB 5245 may argue that the exclusions and clarifications weaken oversight of certain regulations that protect public interests, particularly in environmental and health-related fields. There are concerns that narrowing the definition of a rule could limit public accountability and hinder efforts to implement necessary standards. As the legislative process continues, it will be important to assess the balance between efficient governance and the need for robust safeguards in regulatory practices.