Wednesday, January 22, 2014
Environment - More on "No more stringent" rules limitation effort back again
Updating this ILB entry from Jan. 17th, which traced the "no more stringent" effort over the years, the Hoosier Environmental Council has put out a news release reporting that HB 1143 was reported out of committee this morning. A quote from the release:
Chairman Wolkins expressed in today's hearing an openness to amend the bill to ensure that emergency rule-making for Indiana's Executive Branch is preserved...This statement, if quoted correctly, appears to involve a misunderstanding of the current environmental rulemaking statutes.
- First, under IC 4-22-2-37.1(g)(3) an emergency rule expires after 90 days. (Generally, emergency rulemaking and normal rulemaking -- as set out in IC 4-22-2-24 through 36 -- operate concurrently so that the emergency rule can be in place while the more lengthy permanent rulemaking procedures are in process.)
There is an exception allowing adoption of a second 90-day emergency period where IC 13-14-9 applies, which is the more complex and lengthy statutory rulemaking process the General Assembly has created for environmental rules.
And there is an exception in IC 13-14-8(1)(b), but is it in order to comply with a deadline set by federal law.
In short, emergency rules are temporary rules, lasting only 90 days, which may be extended for a second 90-day period in certain limited circumstances. After that, they expire.
- Second, there are already "no more stringent" requirements in the environmental rulemaking statutes. They are at IC 13-14-9-4, which deals with the second public comment period in environmental rulemaking.
Posted by Marcia Oddi on January 22, 2014 01:53 PM
Posted to Environment