Legislative Republicans want to have a greater say in state regulations — something legislative Democrats view as a power grab against the one branch of power not controlled by the GOP.

Earlier this week, Republicans in the state House of Representatives’ State Government Committee approved two regulatory review bills.

“As Pennsylvania’s small businesses rebuild following the Wolf administration’s business closures last year, it is imperative they aren’t hindered by unnecessary government regulations,” said Seth Grove, R-Dover and committee chairman. “During the pandemic, businesses were granted amnesty from following certain regulations to ensure the quick and safe transport and distribution of needed supplies.”

“If the governor could unilaterally not enforce these regulations and everything went well, surely we need to examination additional regulations to weed out those no longer applicable.”

The committee approved House Bill 939 by Rep. Kate Klunk, R-Hanover, to create the independent Office of the Repealer. The office would be tasked with undertaking a regular and systematic independent review of existing regulations. To prevent the office from being a long-term layer of government, the bill dictates it cease operations in 2025.

Margo Davidson, D-Delaware and the committee’s Democratic chairwoman, said the Republican majority forced votes on bills that would require state agencies to pick two random regulations to repeal for each new one proposed and establish a redundant and costly independent office to do the same (H.B. 939), as well as give legislators the power to veto state agency rulemaking at the expense of people’s health and safety while minimizing the legislature’s accountability for such vetoes (H.B. 950).

“These bills are more examples of this gerrymandered Republican majority running amok — wanting to circumvent the courts and undermine the governor’s office, wanting to be judge and jury, executive branch and the courts — over all Pennsylvanians while doing nothing to actually protect the health and prosperity of our citizens,” Davidson said.

The Independent Office of the Repealer would undertake an ongoing review and make recommendations to the General Assembly, the governor and executive agencies for repeal, modification or revision of regulations. The bill implements a one-in, two-out model for new regulations so that every new regulation added, two must be repealed. Republicans say House Bill 939 would: reduce or eliminate unreasonable, unduly burdensome, duplicative, onerous or outdated regulations; bring statutes up to date to be in harmony with modern conditions; foster a more business friendly climate; and make laws easier to read and understand.

“I think this is desperately needed, quite frankly,” Keefer said. “Over the past 100 years we’ve continued to make laws and we write them very vaguely, it’s both sides, it’s not really a partisan issue and we punt to the executive and then we ask them to interpret this. And then that’s where we get back and forth with the administration. That’s where we get the courts involved and where they start legislating from the bench. We need to be a lot more articulate when we’re writing the laws but in the interim our voters only have the opportunity to vote for us. We’re their voice, and when we continue to punt our responsibilities to the executive they lose that voice.”

Davidson said the Office of the Independent Repealer as proposed in H.B. 939 would waste taxpayer money to create a new yet duplicate independent entity to perform tasks already being accomplished through the Independent Regulatory Review Commission. The bill also fails to explain how instituting this entirely new bureaucracy driven by political appointees would ensure public health, safety and environmental protection in Pennsylvania or lead to greater efficiencies.

“With no criteria or analysis required, it seems House Republicans are simply basing regulations on quantity instead of quality,” Davidson said. “The notion that regulatory policy should be based on the number of regulations that exist rather than on the public purpose of those regulations is foolish, if not dangerous. Adding this cost to the state budget and to government while programs and services to help people hang in the balance shows us exactly where Republican majority priorities lie.”

The second piece of legislation approved by the committee was House Bill 950 by Rep. Daryl Metcalfe (R-Butler) to create enhanced checks-and-balances in the regulatory process by giving the General Assembly authority to initiate the repeal of regulations in effect by concurrent resolution. Both the House and the Senate would need to approve the resolution, as well as the governor. Currently, the Legislature has the authority to block the implementation of a regulation before it takes effect. This legislation would extend the process to existing regulations.

Davidson said she views H.B. 950 as another power grab attempt by the Republican majority legislature under a Democratic governor, seeking to weaken rulemaking processes and squash any regulation they don’t like or, more to the point, regulations their wealthy corporate donors don’t like.

“The state agencies drafting these regulations have boots on the ground and are most equipped to determine the efficacy of them,” Davidson said. “There are already processes in place for lawmakers to weigh in on the regulatory process. It is clear the Republican majority cannot simply focus on what Pennsylvanians truly need but instead push out bills that threaten protections for people, including voting rights and now rights to clean air and water and safety in the workplace. It’s out of the frying pan and into the fire in this committee each week with gratuitous bills and ludicrous suggestions.”