GOP lawmakers release their legislative agenda for this year, focusing on continued opposition against the Advanced Clean Cars II act and regulating executive power.
House and Senate Republicans continue to push for the repeal of the recent DNREC regulation requiring 43% of new cars and trucks sent to Delaware for sale to be zero-emission vehicles, increasing to 82% in 2032.
Republican lawmakers feel it was adopted in spite of public opposition and are proceeding with bills advocating for legislative oversight of all executive regulations.
One proposal from State Rep. Jeff Spiegelman (R-Clayton) would create the Joint Committee on Oversight of Agency Regulations, which would have the ability to review proposed and existing regulations at its discretion.
“If this kind of thing is going to have such a huge effect on the everyday lives of Delawareans, then that’s the kind of thing that should absolutely positively get an ‘up’ or ‘down’ vote in the General Assembly, by the people’s elected officials in the General Assembly," he says.
The bill would require that all regulations adopted by an agency between November 1 and October 31 expire at 5 p.m. on the following June 30, unless the General Assembly acts to prevent it.
The committee would be required to draft and introduce a bill that removes the expiration of a regulation they deem appropriate to continue.
Spiegelman is also working on legislation to give House and Senate committees the ability to review state agency regulatory proposals with their scope of focus.
These bills are on top of the two bills currently awaiting a committee hearing after being filed last session.
House Bill 123 would require DNREC to obtain consent from the General Assembly before promulgating any regulations restricting the sale of fuel-powered vehicles, which passed in the House 21-20.
Senate Bill 96 would prohibit DNREC from promulgating rules and regulations restricting the sale of fuel-powered vehicles entirely.
GOP lawmakers filed litigation against DNREC in the Superior Court of Delaware last week, alleging it did not follow proper procedures in adopting the Advanced Clean Cars II regulations.
In addition to pursuing agency regulation oversight, the republican legislative agenda set a focus on regulating executive emergency powers.
State Rep. Rich Collins introduced legislation at the end of last session that would require the General Assembly to approve extensions of a governor’s state of emergency order if it lasts more than 180 days.
Collins says the measure is "an attempt to correct a structural flaw that the pandemic revealed.”
“Emergency regulations can be created that can last for six months with no input from the public or the General Assembly. After that, I believe it’s wise for a governor to ask for counsel from all the people," he says.
The bill would also require any non-weather related emergencies to specifically delineate which type of facilities are to be closed during that time.
Republican lawmakers believe there were discrepancies in limiting business operations during the COVID-19 pandemic, recently signing a brief in a case filed against Gov. Carney alleging he violated religious constitutional guarantees.
The lawsuit argues the violation occurred when the governor ordered religious gatherings to be limited to no more than ten people for in-person services, while other essential businesses were only limited to 20% of their venue’s capacity.
