PEC and Environmental Defense Fund (EDF) jointly sent the following letter to Members of the Pennsylvania House of Representatives on June 22, 2022:
On behalf of the Pennsylvania Environmental Council and Environmental Defense Fund, we urge you to oppose House Bill 2649, which may receive Third and Final consideration as soon as today. Simply put, this legislation would grant a politically appointed body the authority to block agency rulemakings.
The Independent Regulatory Review Commission (IRRC) already plays an established role in the rulemaking process – it has the opportunity, based on input from agencies, the General Assembly, and public – to vet proposed regulations. It can request additional justification from agencies, incorporate input from stakeholders, and provide its view on whether a regulation is in the public interest. IRRC has consistently served that purpose under existing law.
Further, the legislature already has the discretion, pursuant to the Regulatory Review Act, to assess and disapprove proposed rulemakings.
House Bill 2649 would expand IRRC with additional appointees and allow the Commission to stop rulemakings without opportunity for agency appeal – an unnecessary and questionable delegation of authority.
For these reasons, we respectfully ask you to oppose this legislation.
Thank you for your consideration.
SVP, Legal & Government Affairs
Pennsylvania Environmental Council
Regulatory and Legislative Manager, Appalachia
Environmental Defense Fund