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"No stricter than federal" bill to limit state regulation passes in Michigan House

Michigan House of Representatives
Lester Graham
/
Michigan Public
Michigan House of Representatives

A Michigan bill to -- with some exceptions -- stop the state from adopting policies that are stricter than federal regulations passed in the Michigan House of Representatives Wednesday.

The business community supports the policy, arguing it would create more uniformity in regulations, and hold agencies more accountable when creating new rules.

Bill sponsor state Rep. Gina Johnsen (R-Portland) said it would prevent government overreach.

“Every layer of unnecessary red tape costs families, farmers, and small businesses. It drives up prices. It makes Michigan less competitive. We need a government that works for the people, not against them,” Johnsen said during a floor speech ahead of the House vote.

Johnsen used the agricultural sector as an example where she felt state regulations had gone too far, impeding on farmers’ ability to do their jobs.

“When the guidelines and the regulations are stricter than federal, usually they’re harmful. Usually, it impedes our freedom, to produce food, in this case,” she said in an interview.

Opponents to the legislation argue the state needs its regulatory power to address issues and concerns specific to Michigan, for example, when it comes to protecting the Great Lakes with water quality standards.

State Rep. Penelope Tsernoglou (D-East Lansing) was among the vast majority of Democrats who voted against the bill.

“I strongly believe that we need both state and federal regulations. And, if there is an issue that’s impacting Michigan specifically, that we should have a right to regulate that as we see fit,” she said.

The bill creates exceptions for special education and emergency regulations, or instances when an agency head sees the need to go further than the federal government. But they would also have to justify that decision to oversight bodies.

Tsernoglou said, in general, Michiganders could be at risk if the state loses its regulatory strength.

“Lots of environmental and health issues can be caused if we’re not able to enact our own standards,” she said.

Michigan previously had similar policies on the books, but Democrats repealed them while in control of the legislature last term.

Johnsen’s bill now goes to the state Senate, which remains under Democratic control.