LANSING – Environmental groups applauded Governor Rick Snyder’s decision to veto a bill that would have largely barred state departments and agencies from issuing rules more restrictive than the federal government, but the Republican sponsor of the bill fumed at Snyder’s action.

Snyder’s move was not a surprise. Gongwer News Service reported November 10 that the governor was seriously considering a veto after discussions with the GOP-led Legislature failed to produce the flexibility his administration had sought.

Yet for a governor whose motto is “relentless positive action,” the decision to veto a bill, a decidedly negative action, turned some heads, especially because it meant a break with the business community, which supported the bill, and members of his party.

“Enrolled House Bill 4326 attempts to send the right message, but does so in the wrong way,” Snyder wrote in his veto message. “Its overly broad prohibition preempts necessary administrative flexibility. Regulatory reform is a priority of my administration and will continue to be through Executive Order 2011-5’s call for a systematic review and evaluation of all state regulations to yield a fair and efficient framework for the state. Enrolled House Bill 4326, on the other hand, invites greater uncertainty in our regulatory environment.”

Initially, it appeared Republicans were willing to work with Snyder and the Department of Licensing and Regulatory Affairs on the bill to ensure departments and agencies had the flexibility to issue rules where no federal regulation exists and to account for protecting the state’s unique natural resources.

But the only concession GOP lawmakers made was to allow the issuance of emergency rules stricter than federal regulations.

Snyder said in his veto message that Michigan went beyond federal standards with ballast water regulations and the Great Lakes Basin Compact, both successful initiatives that “protected our distinctive natural resources.” The governor noted several other areas where the state exceeds federal standards and said in the future, it wants to consider tougher rules than federal regulations on preventing Medicaid fraud and abuse.

The governor criticized the bill for requiring the Office of Regulatory Reinvention to identify an applicable federal standard for every proposed state rule, something Snyder said might be impossible and certainly is impractical. Snyder said the bill also appears to run afoul of the Constitution because it uses the Administrative Procedures Act to amend other statutes.

Snyder noted that he signed five bills designed to improve the environmental permitting process for business (HB 4017 , PA 235; HB 4042 , PA 236; HB 4043 , PA 237; HB 4500 , PA 238; HB 4573 , PA 239).

Rep. Jeff Farrington (R-Utica), the bill sponsor, said he takes exception to Mr. Snyder’s claim that the only way to protect the waters and environment is through his administration.

“Perhaps he should reread the bill,” Farrington said.

He said Snyder still would have had protective responsibilities under the bill.

“We can also protect the environment, and we intend to protect the environment,” he said.

He said his bill would have made sure the Legislature is the body that gets that done, rather than one of Snyder’s department heads.

Sen. Mike Kowall (R-White Lake Township), who led the issue in the Senate, said lawmakers had tried to modify the bill to address Snyder’s concerns and will restart discussion on the issue next year.

Environmental groups hailed the decision. Snyder had received the endorsement of the League of Conservation Voters in the Republican primary in 2010.

Said Cyndi Roper of Clean Water Action: “Michiganders have always been united in protecting our spectacular lakes. It’s mystifying why the majority of our legislators would voluntarily throw out a valuable tool for safeguarding Michigan’s water. We are encouraged to see that in this instance Governor Snyder does not agree with the Legislature’s interest in undercutting Great Lakes protections.”

Chris Kolb, president of the Michigan Environmental Council, said: “As stewards of the world’s greatest freshwater resource, Michiganders know better than Washington bureaucrats how to protect our lakes and streams. Governor Snyder’s veto helps preserve that authority.”

But business groups voiced disappointment.

“Michigan Chamber members know the governor wants to reinvent Michigan, but his veto of HB 4326 is a hindrance to moving Michigan forward,” said Jason Geer, small business advocate and chamber partnership manager for the Michigan Chamber of Commerce. “HB 4326 did not take away any executive authority; rather, it ensured that Michigan would remain competitive in this global economy by restricting non-elected bureaucrats from unilaterally imposing job-killing rules more stringent than federal standards.”

This story was provided by Gongwer News Service. To subscribe, click on Gongwer.Com

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