Agency rulemaking attack take two!

by Trevor Russell

Another bill has come forward at the Minnesota legislature aiming to undermine environmental rulemaking by state agencies. SF 769 and HF1285, authored by Sen. Mary Kiffmeyer (R – Big Lake) and Rep. Cindy Pugh (R – Chanhassen), require all agency rules to be approved by the legislature before they go into effect.

Adding a layer of politics

Specifically, these bills would amend Minnesota Statutes 2016, section 14.18, subdivision 1, to make a state agency rule effective only after it has been approved by a law enacted after the publication of the notice of adoption. Normally, such publication is the final step of the process. It only takes place after a judge has determined that the rules are in accordance with the mandates of the original law passed by the legislature and that concerns of the public have been given due consideration.

This bill would bar any agency rules from going into effect unless or until the legislature acts to approve the final rule. Given Minnesota's part-time legislature, and its recent history of hostility toward any and all agency rulemaking authority, this bill could delay or seriously undermine any future agency rulemaking efforts.

These bills are part of a quickly growing list of attempts to rollback agency environmental rulemaking authority, and represent a serious risk to Minnesota’s environmental protections.   

Take Action: Join Minnesota’s Water Action Day

Bad environmental bills like this one are why FMR is a proud sponsor of Water Action Day.

Water Action Day (April 19th, 2017) is Minnesota’s day of public action and advocacy to let lawmakers know we care about our water. This all-day event at the Minnesota State Capitol will include a rally, issue trainings and meetings with your legislators. The event is fun and free.

Please come for all or part of the day and let your voice be heard! Register here.

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