mnaction.org Thursday, May 23, 2013  

Shifting rulemaking from executive branch to legislative branch is bad policy

You can take action on this alert by reading the information below and following the directions at the bottom.

Issue

Requiring legislative approval for agency rulemaking

Background

H.F. 203/S.F. 261

Legislators introduced a bill that requires legislative approval for all projects that cost polluters more than $10,000 to comply with the law. Laws that protect our drinking water, lakes, rivers and streams, and air quality are at risk.

Governor Pawlenty vetoed similar legislation in 2003 citing current law that gives the Governor's office final approval authority on all rulemakigs. Major rulemaking in Minnesota already takes 18 to 24 months to complete, if everything goes smoothly. Requiring legislative approval as an additional stop at the end of this process would make implementation of state laws and policies very cumbersome.


Let’s quickly review the process:
1. Legislators pass a law (For example: Law #1) to protect our water
2. State Agencies follow that law to protect our water by requiring a permit
3. Polluters either comply with the permit or forego their project
4. Minnesota’s waters are protected.

This is what legislators want to do now:
5. State Agencies must determine how much the law will cost each polluter to comply
6. If it is determined to cost more than $10,000 - then the law does not apply

For these water and air protections to be enforced, the legislature must then pass another law that says Law #1 can be enforced. These are some of the laws that will be affected:

• Drinking water protections – Industries seek permits to dump pollution (industrial chemicals, bacteria, nitrates) into the Mississippi River, Lake Superior and other rivers
• Lakes, river and stream protections – Mining companies and large farm operators may need to install enhanced pollution control equipment to protect Minnesota’s native wild rice and our lakes, rivers and streams from e. coli
• Air quality protections – Coal plants require pollution controls that cost more than $10,000

Take Action Today: Tell Legislators to Stop Attacking the Laws that Protect Our Water, Our Air, and Our Health! These protections are no joke!


Mark your calendars for a couple opportunities to take action this week and next:

Stop the Budget Constitutional Amendment Convening and Capitol
ActionThursday, April 19th from 1-3pm Minnesota AFL-CIO
175 Aurora Avenue
St. Paul, MN

Agenda: 1-2pm Partner Convening
2-3pm Capitol Action
Please RSVP to gkravitz@mnbudgetproject.org or 651-757-3093.

Also, The AIS and Game Fish Fund - Rally
You're invited: Rally at the Capitol
Monday, April 23rd, 2012 at 10:30am
Capitol Rotunda

More Info

Message To Be Sent To
Your message will be sent to each of the following targets:

Governor
Your State Representative
Your State Senator
Message
A sample message appears below, which you may edit before sending.

Vote No on HF203/SF261


Dear Governor,

Stop attacks on the laws that protect our water, our air, and our health! These protections are NO JOKE!

H.F. 203/S.F. 261 was introduced to require legislative approval for all projects that cost polluters more than $10,000 to comply with the law. Laws that protect our drinking water, lakes, rivers and streams, and air quality are at risk.

State Agencies must determine how much it will cost each polluter to comply with the law. If it is determined to cost more than $10,000 - then laws to protect our water and our health do not apply unless the legislature re-approves them.

For these water and air protections to be enforced, the legislature must then pass another law that says water, air and health protections can be enforced. These are some of the laws that will be affected:

• Drinking water protections – Industries seek permits to dump pollution (industrial chemicals, bacteria, nitrates) into the Mississippi River, Lake Superior and other rivers
• Lakes, river and stream protections – Mining companies and large farm operators may need to install enhanced pollution control equipment to protect Minnesota’s native wild rice and our lakes, rivers and streams from e. coli
• Air quality protections – Coal plants require pollution controls that cost more than $10,000

Legislators must consider the cost to Minnesotans across the state, not just polluters. How much will it cost to clean up the polluted lake so our kids can safely swim? How much will it cost the state in health expenses because more kids develop asthma from increased air pollution? How much will it cost taxpayers to clean up a river that provides drinking water to millions of Minnesotans?

I urge you to vote “No” on H.F. 203/S.F. 261 and protect our water, our air, and our health.

Your name and address here


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