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SB 123

Administrative procedure: rules; adoption of rules by state agencies more stringent than federal regulations; prohibit. Amends secs. 32 & 45 of 1969 PA 306 (MCL 24.232 & 24.245).

2025-2026 Regular Session Introduced by Michele Hoitenga

Michigan bill prohibits state agencies from adopting rules stricter than federal regulations, capping state regulatory standards at federal minimums.

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Bill Summary · SB 123

Legislative bill overview

SB 123 would prohibit Michigan state agencies from adopting rules that are more stringent than corresponding federal regulations. The bill amends Michigan's Administrative Procedures Act to add this restriction to agency rulemaking authority. This represents a significant shift in the relationship between state and federal regulatory standards.

Why is this important

States have traditionally retained the authority to set standards stricter than federal minimums, particularly in areas like environmental protection, worker safety, and consumer protection. This bill would eliminate that option for Michigan agencies, potentially lowering regulatory standards across multiple sectors and affecting businesses, workers, and consumers differently depending on their industry and circumstances.

Potential points of contention

  • Regulatory floor vs. ceiling: Federal regulations typically establish minimum standards; states often exceed them. This bill converts federal rules into a ceiling, potentially reducing protections in areas where Michigan previously went further.
  • Agency expertise and state needs: Michigan agencies may determine that state-specific conditions (geography, population, industry composition) warrant stricter rules. The bill removes this discretion.
  • Federalism concerns: The bill raises questions about state sovereignty—whether states should cede regulatory authority to the federal government and whether one-size-fits-all federal standards serve all states equally.

Compiled from official sources — confirm details with the bill’s official record.

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