Rep. Dan Moul (R-Adams) has again introduced legislation-- House Bill 804-- authorizing DEP to broadly regulate groundwater withdrawals for the first time, but would give either the Senate or House Environmental Committees the authority to veto any regulation adopted to implement the legislation without a full vote of the Senate or House.
This legislation is part of an effort by Rep. Moul and others to eliminate the authority of the Susquehanna River Basin Commission over groundwater withdrawals in Pennsylvania.
Background
DEP presently has no authority to broadly regulate withdrawals of water like the Susquehanna and Delaware River Basin Commissions do, contrary to the public statements by Rep. Moul saying DEP’s authority “duplicates” the authority of the commissions.
In fact, Act 220 of 2002 specifically prohibits DEP from doing just that. Section 3136 (a) of that law says--
“Limitations upon department.--Nothing contained in this chapter shall be construed to authorize, diminish or expand the existing authority of the department, including the Environmental Quality Board, to regulate, control or require permits for the withdrawal or use of water. Nothing contained in this chapter shall be construed to authorize, diminish or expand the existing authority of the department under the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law. Further, nothing set forth in this chapter, any regulations adopted under this chapter or in the State water plan shall authorize the department to take any action to:
(1) Modify or impair any permits, agreements or other approvals issued under other State statutes or vested rights related to water withdrawals or uses.
(2) Interfere with or impose additional conditions upon the use or operation of any existing reservoir or water storage facility.
(3) Regulate or impose any conditions upon any activity or use not currently authorized under applicable State statutes and regulations.”
In addition, a November 2018 audit of the river basin commissions by Auditor General DePasquale concluded the commissions and DEP do not duplicate efforts.
One Committee Regulation Veto
For the first time, this legislation would add yet another layer of bureaucracy on to the process of adopting DEP regulations by requiring a final regulation at the end of the review process required by the Regulatory Review Act to be submitted to the House and Senate Environmental Resources and Energy Committees for review.
The bill gives either the House or Senate Environmental Committee the authority to veto a regulation prohibiting it from going into effect under this bill.
No final regulation adopted under this legislation could go into effect unless it was approved by the committees.
Presently the General Assembly has the ability to block a final regulation from going into effect if both the full Senate and House pass a resolution and present that resolution to the Governor for his action, just like they were passing a law.
Or, they could simply pass another law by vote of the full Senate and House and present that legislation to the Governor for his action as required by the state constitution.
It is important to note, the veto by either committee under this bill would come--
-- After DEP works with several advisory committees to develop a regulation;
-- After the regulation is adopted as proposed for public comment by the Environmental Quality Board on which 4 legislators sit;
-- After an initial public comment period that would include no doubt include public hearings;
-- After an initial opportunity for review and comment on the proposal by the Senate and House Environmental Committees;
-- After an initial review of the proposal by the Office of Attorney General for form and legality;
-- After an initial review and comment on the proposal by the Independent Regulatory Review Commission;
-- After it returns to DEP who would work with several advisory committees to consider all the public and other comments received to revised the regulation and put it in final form;
-- After the final version of the regulation is adopted by the Environmental Quality Board on which 4 legislators sit;
-- After the review and opportunity to comment on the final regulation by the House and Senate Environmental Committees; and
-- After the review of the final regulation by the Independent Regulatory Review Commission, which has the opportunity to approve or disapprove of a regulation.
The bill is now in the House Environmental Resources and Energy Committee. Click Here for a sponsor summary of the bill.
The same bill last session-- House Bill 2222-- was referred to the House State Government Committee
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