House Republicans Put Language Stopping Environmental Regulations In Another Bill Likely Going To Governor

On April 20, in a classic misdirection, House Republicans put the language from House Bill 2416 (Everett-R-Lycoming), that would stop any proposed or final environmental or other state agency regulation from being finalized during the COVID-19 emergency into Senate Bill 327 (Argall-R-Schuylkill).
House Bill 2416 (Everett-R-Lycoming) was just reported out of the House State Government Committee by a party line vote-- Republicans supporting-- earlier in the day.

The amendment to Senate Bill 327 happened in the House Rules Committee where the bill was being considered on a concurrence vote.  

Entirely by rote, Republicans voted in favor and Democrats against with no discussion and barely anyone in the Committee meeting room since remote voting rules were in effect. (see photo)

Republicans also took out the provisions Senate Republicans put in Senate Bill 327 giving county commissioners the authority to end the COVID-19 shutdown on businesses on a county by county basis, rather than having the governor do it.

The bill was then reported out of Committee to be considered by the full House as early as Tuesday. 

Both the House and Senate are scheduled to be in voting session Tuesday.  If passed by the House, Senate Bill 327 returns to the Senate for an up or down concurrence vote there-- unless they amend it again.  If the Senate passes it, it will go to the Governor for his action.

Background On Regulation Stop

Under the newly amended Senate Bill 327, no proposed regulation may be submitted in final form to the Independent Regulatory Review Commission or the House and Senate committees.

No final or final-omitted regulation may be promulgated as a regulation by DEP or any agency.

The bill allows state agencies to petition the appropriate standing committees of the Senate and House-- solely controlled by Republicans-- for a waiver from the prohibition against publishing regulations.

There is no requirement in the bill for the committees to take any action on the request.

This procedure raises significant constitutional issues because it requires nothing be passed by the full Senate and House and presentment to the Governor.

On April 14, Rep. Daryl Metcalfe (R-Butler), Majority Chair of the House Environmental Resources and Energy Committee, sent a letter to DEP Secretary Patrick McDonnell demanding DEP stand down on environmental regulations during the COVID-19 shutdown.

The provisions in this bill-- like House Bill 2416-- are consistent with the demand by Rep. Metcalfe.  Read more here.

Click Here for more background on the bill and learn other House and Senate Republican efforts to kill environmental regulations, take permitting authority away from DEP and starve state environmental protection programs of funding.

Affected DEP Regulations

This bill would have an immediate impact on important DEP regulations, including--

-- Final regulation increasing permit fees on unconventional oil and gas well permits that is needed to fund DEP’s Oil and Gas Well Management Program

-- Final regulation reducing the sulfur content of heating oil from 500 ppm to 15 ppm

-- Final regulation updating hazardous waste regulations to conform to federal requirements

-- Proposed regulation setting air emission standards for Oil & Gas Operations

-- Proposed regulation setting cleanup standards for PFOA/PFOS contamination

-- Proposed regulation increasing Air Quality Permit fees needed to fund the program

-- Proposed regulation increase Water Quality/NPDES Permit fees needed to fund the program

-- Proposed regulation redesignating the Water Quality protection for over 40 streams

-- Proposed regulation setting a water quality standard for manganese

For a more comprehensive list, visit DEP’s eComment webpage.  Click Here for DEP Regulatory Update report showing the status of regulations.

[Posted: April 20, 2020]  PA Environment Digest