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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regulations that were duplicative, outdated or far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