House Minority Leader Blake A Filippi: EPA

Leader Filippi. Thank you, Mr. Speaker. Would the leader yield, please? I'm sure he will. Leader Blazejewski, will you yield to Leader Filippi? He will. Yes. I will take you up on your invitation, Leader. Where specifically are the APA requirements for the ECCC? So, they are already in state law. So, under the Administrative Procedures Act, section 42-35-1, there's no exception for this body, the Executive Climate Change Coordinating Council. So, it's subject to the APA. And then in the bill, I will point you to this specific section. So, if you look at page two, line 34, it specifically references the rulemaking procedures that are required by the APA in sections 42-35-2.5 and 42-35-2.7, which is a public process for input and promulgation of regulations. Thank you. Respectfully, Leader, that applies to the underlying agency, not the ECCC. The reference in the bill to the Administrative Procedures Act isn't for the ECCCC. It's for the underlying state agencies that are forced to adopt the regulations in the ECCCC plan. Leader, I don't read it that way. And additionally, even if that were true, this is an executive agency that works through the executive body, and there's no exception that applies to the EC4. Okay. So, just clear for the record, your interpretation of the existing Administrative Procedures Act encompasses the ECCCC, even though it's not subject to the ECC under my interpretation in this law. It's immaterial. That's correct. Thank you. Mr. Speaker, my opinion is let's belt and suspenders this. I think there's an error in drafting in that the ECCCC isn't subject in the bill to the Administrative Procedures Act, whereas all the underlying agencies are. I just want to be careful and make sure that any plan adopted by the ECCCC is subject to all the public notice, hearing requirements, the body of law that makes sure that any rulemaking has the proper public vetting. Thank you, Mr. Speaker.