Michigan House Bill HB4638

Michigan 2025-2026 Regular Session

• Introduced: 6/10/25
• Refer: 6/10/25

Caption

Administrative procedure: rules; definition of a rule; exclude cleanup criteria and target detection limits. Amends sec. 7 of 1969 PA 306 (MCL 24.207). TIE BAR WITH: HB 4640'25, HB 4636'25

Summary

HB 4638 amends the Michigan Administrative Procedures Act definition of “rule” to add two new exclusions. First, it excludes cleanup criteria and target detection limits developed by the Department of Environment, Great Lakes, and Energy under Part 201 of the Natural Resources and Environmental Protection Act. Second, the bill is part of a broader package that also ties it to companion legislation, meaning it would not take effect unless the linked bills are also enacted. More generally, the bill updates the list of agency actions and policies that are not treated as formal rules subject to the act’s rulemaking requirements. The existing exclusions cover a wide range of agency materials and decisions, including certain correctional facility policies, certificate of need items, Department of Health and Human Services eligibility and program policies, indigent defense standards, and environmental scoring criteria. HB 4638 adds the Part 201 cleanup-related standards to that list, narrowing the scope of what must go through APA rulemaking.

Impact

The bill would amend MCL 24.207, the statutory definition of “rule” under the Administrative Procedures Act, by expressly excluding EGLE cleanup criteria and target detection limits from the APA’s rule category. As a result, those standards would not be treated as formal rules for purposes of APA procedures such as promulgation requirements, unless another law independently requires rulemaking. The bill would affect the Department of Environment, Great Lakes, and Energy and parties involved in environmental cleanup and remediation, including regulated entities, consultants, and property owners subject to Part 201 cleanup standards.

Sentiment

No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the bill text, the measure appears technical and administrative in nature, aimed at clarifying the treatment of specific environmental standards under the APA rather than changing substantive cleanup requirements. The tie-bar structure suggests it is part of a coordinated legislative package.

Contention

The main point of potential contention is whether cleanup criteria and target detection limits should be exempt from APA rulemaking and therefore from the procedural safeguards and public participation associated with formal rules. Supporters would likely favor administrative flexibility and faster implementation by EGLE, while opponents could argue that excluding these standards reduces transparency, public input, and legal accountability for environmental cleanup decisions. Because the bill is tie-barred to companion bills, its fate also depends on enactment of the related measures.