SB-0607, As Passed Senate, December 13, 2024
SENATE BILL NO. 607
October 24, 2023, Introduced by Senators CHANG, IRWIN, SHINK, MCMORROW, MOSS,
GEISS, POLEHANKI, SANTANA and BAYER and referred to the Committee on Energy and
Environment.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 7 (MCL 24.207), as amended by 2022 PA 134.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 7. "Rule" means an agency regulation, statement,
2 standard, policy, ruling, or instruction of general applicability
3 that implements or applies law enforced or administered by the
4 agency, or that prescribes the organization, procedure, or practice
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1 of the agency, including the amendment, suspension, or rescission
2 of the law enforced or administered by the agency. Rule does not
3 include any of the following:
4 (a) A resolution or order of the state administrative board.
5 (b) A formal opinion of the attorney general.
6 (c) A rule or order establishing or fixing rates or tariffs.
7 (d) A rule or order pertaining to game and fish and
8 promulgated under parts 401, 411, and 487 of the natural resources
9 and environmental protection act, 1994 PA 451, MCL 324.40101 to
10 324.40120, 324.41101 to 324.41105, and 324.48701 to 324.48740.
11 (e) A rule relating to the use of streets or highways, the
12 substance of which is indicated to the public by means of signs or
13 signals.
14 (f) A determination, decision, or order in a contested case.
15 (g) An intergovernmental, interagency, or intra-agency
16 memorandum, directive, or communication that does not affect the
17 rights of, or procedures and practices available to, the public.
18 (h) A form with instructions, an interpretive statement, a
19 guideline, an informational pamphlet, or other material that in
20 itself does not have the force and effect of law but is merely
21 explanatory.
22 (i) A declaratory ruling or other disposition of a particular
23 matter as applied to a specific set of facts involved.
24 (j) A decision by an agency to exercise or not to exercise a
25 permissive statutory power, although private rights or interests
26 are affected.
27 (k) Unless another statute requires a rule to be promulgated
28 under this act, a rule or policy that only concerns the inmates of
29 a state correctional facility and does not directly affect other
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1 members of the public, except that a rule that only concerns
2 inmates that was promulgated before December 4, 1986, is a rule and
3 remains in effect until rescinded but shall must not be amended. As
4 used in this subdivision, "state correctional facility" means a
5 facility or institution that houses an inmate population under the
6 jurisdiction of the department of corrections.
7 (l) A rule establishing special local watercraft controls
8 promulgated under former 1967 PA 303. A rule described in this
9 subdivision may be rescinded as provided in section 80113(2) of the
10 natural resources and environmental protection act, 1994 PA 451,
11 MCL 324.80113.
12 (m) All of the following, after final approval by the
13 certificate of need commission under section 22215 of the public
14 health code, 1978 PA 368, MCL 333.22215, or the statewide health
15 coordinating council under former section 22217 of the public
16 health code, 1978 PA 368:
17 (i) The designation, deletion, or revision of covered medical
18 equipment and covered clinical services.
19 (ii) Certificate of need review standards.
20 (iii) Data reporting requirements and criteria for determining
21 health facility viability.
22 (iv) Standards used by the department of health and human
23 services in designating a regional certificate of need review
24 agency.
25 (v) The modification of the 100 licensed bed limitation for
26 extended care services programs set forth in section 22210 of the
27 public health code, 1978 PA 368, MCL 333.22210.
28 (n) A policy developed by the department of health and human
29 services under section 6(3) of the social welfare act, 1939 PA 280,
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1 MCL 400.6, setting income and asset limits, types of income and
2 assets to be considered for eligibility, and payment standards for
3 administration of assistance programs under that act.
4 (o) A policy developed by the department of health and human
5 services under section 6(4) of the social welfare act, 1939 PA 280,
6 MCL 400.6, to implement requirements that are mandated by federal
7 statute or regulations as a condition of receipt of federal funds.
8 (p) The provisions of an agency's contract with a public or
9 private entity including, but not limited to, the provisions of an
10 agency's standard form contract.
11 (q) A policy developed by the department of health and human
12 services under the authority granted in section 111a of the social
13 welfare act, 1939 PA 280, MCL 400.111a, to implement policies and
14 procedures necessary to operate its health care programs in
15 accordance with an approved state plan or in compliance with state
16 statute.
17 (r) A minimum standard approved or established under authority
18 granted by the Michigan indigent defense commission act, 2013 PA
19 93, MCL 780.981 to 780.1003.
20 (s) Scoring criteria and the definitions of overburdened
21 community and significantly overburdened community developed by the
22 department of environment, Great Lakes, and energy under the
23 authority granted under parts 53 and 54 of the natural resources
24 and environmental protection act, 1994 PA 451, MCL 324.5301 to
25 324.5316 and 324.5401 to 324.5418.
26 (t) Cleanup criteria and target detection limits developed by
27 the department of environment, Great Lakes, and energy under part
28 201 of the natural resources and environmental protection act, 1994
29 PA 451, MCL 324.20101 to 324.20142.
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1 Enacting section 1. This amendatory act does not take effect
2 unless all of the following bills of the 102nd Legislature are
3 enacted into law:
4 (a) Senate Bill No. 606.
5
6 (b) Senate Bill No. 605.
RMH Final Page S03780'23
Statutes affected: Senate Introduced Bill: 24.207
As Passed by the Senate: 24.207