State Rep. Gina Johnsen on Monday announced her plan, House Bill 4160, to reinstate Michigan’s “no stricter than federal” rulemaking standard. The policy requires extra legislative oversight when state departments want to exceed federal rules.

“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. “Bureaucrats don’t always realize that their ideas could spell death by a thousand fines for small businesses. Protecting our environment and communities is important, but it means little if excessive regulations make it impossible for people to live, work, or do 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” repeal was signed into law by Gov. Gretchen Whitmer in 2023. Now, nearly three years later, Johnsen is seeking to reinstate the standard that requires state agencies to provide a clear and compelling rationale before implementing administrative rules that are more stringent than federal regulations.

The framework would ensure that Michigan’s requirements do not surpass federal guidelines unless deemed absolutely necessary, creating a predictable, business-friendly environment conducive to economic growth and investment.

“Reinstating this standard would require administrative rules that exceed federal benchmarks to undergo a rigorous justification process, ensuring a balance between fostering economic vitality and protecting our natural resources and community well-being,” Johnsen said. “This approach would keep Michigan’s regulatory framework in line with federal standards while still empowering our state to address its unique challenges without compromising on regulatory quality or competitiveness.”

HB 4160 was referred to the House Rules Committee for further consideration.

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