MiMfg Magazine February 2020 | Page 14

14 MiMfg Magazine February 2020 regulations on manufacturing’s ability to thrive and that drove the creation of the Office of Regulatory Reinvention (ORR). Charged with ensuring Michigan’s regulatory climate was “fair, efficient and conducive to business growth and job creation,” the ORR created numerous Advisory Rules Committees tasked with locating and recommending the removal of rules and regulations that were duplicative, outdated or far exceeding federal standards. MMA represented the interests of manufacturers on several committees. MMA works diligently with our manufacturing members and regulatory agencies to impact the ultimate product of the rulemaking process. — Delaney McKinley, MMA Senior Director of Government Affairs & Membership “The ability of MMA and its members to have an advisory role in the process was critical to the success of ORR’s efforts,” said McKinley. “We were able to ensure regulations that unfairly restricted manufacturers from creating jobs and investing in local Michigan communities were removed. Michigan now has a clearer and more credible administrative code and an overall more competitive business climate.” MMA and the ORR successfully reduced the total number of rules imposed on Michigan by 2,319, before Governor Whitmer abolished the office in one of her first executive orders. The new Michigan Office of Administrative Hearings and Rules (MOAHR) was given all rulemaking functions. MMA’s No Stricter Than Federal: Keeping Michigan Competitive Recognizing the need to sharpen the tools at hand in the administrative rules process, MMA led an effort to pass legislation, sponsored by Representative Triston Cole (R-Mancelona), in December 2018 to further protect manufacturers from being forced to comply with rules more stringent than their out-of- state competition. This new law, Public Act 602 of 2018, is one of the most important laws passed in many years for blocking regulations that exceed federal standards without clear and convincing evidence. “Limiting regulations to existing federal standards helps ensure our state remains attractive to current and new business investment,” explained Johnston. “By requiring clear and convincing evidence that a proposed regulation exceeding federal standards is needed, MMA was able to achieve a more level playing field for in-state job creators.” Additional Constraints on Rules in Statute The Environmental Rules Review Committee (ERRC) was created through an MMA-supported statutory change passed during the 2018 Lame Duck session. The ERRC provides an additional step of oversight to guard against exessive rule promulgation within the Department of Environment, Great Lakes and Energy (EGLE). MMA has been actively engaged in the rule sets going before the ERRC to ensure that rules meet all the statutorily enumerated criteria and that any rules that are promulgated do not overly burden or adversely impact our member companies. “The greatest risk our members face during the administrative rules process is the risk of being ignored,” said Dave Greco, MMA director of regulatory and environmental affairs. “This extra level of protection through the ERRC, in addition to MMA always being available to participate in public hearings and to use our existing relationships with agency leadership, ensures that the potential negative impact of rules on manufacturers will be heard and considered.” Stay Connected with MMA — More Vital than Ever Because the administrative rules process allows for fewer tools at manufacturing’s disposal, it’s more important than ever to stay connected with MMA and our many policy committees. “Staying informed is a tall task because the requirements for new or amended administrative rules are obscure and public comment typically has no impact on what rules the authorized agency will adopt,” said Stephen R. Gee, a labor & employment law attorney for MMA Premium Associate member Clark Hill PLC. “Staying in touch with the MMA’s Government Affairs team and reading member communications will enable a manufacturer to stay informed. MMA is also an appropriate place to voice concerns early on in the administrative rules process when the bulk of the actual rules are essentially ironed out.” While you continue to work to innovate new products, create jobs and invest in local communities, MMA is on the front lines fighting to ensure every law, regulation and rule keeps your business competitive. “MMA has developed strong working relationships with agency and department leaders and our reputation as a thought leader and issue expert is well recognized as the best in the state for manufacturing,” said Johnston. “As the voice for Michigan’s largest and most impactful economic sector, MMA can help influence the rule development and JCAR review processes.” Again, in a world of divided government, those in power will utilize the authority they have to push forward policy priorities to the furthest extent it can. In 2020, topics like PFAS and the expansion of existing