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7/16/2008
Lasee: And you thought you were safe
Sometimes I joke (often there is a little truth in every joke or it’s not funny) that when the legislature is out of session the people are safe from legislative mischief. Now, agency mischief is another matter. Citizens are not protected from more agency regulations when the legislature is out of session.
Just when you thought you were safe from new laws, for a while anyway, the Natural Resources Board decided that over the next seven years ratepayers (electric users, that is you and me) will have to pay for technology that doesn’t exist. Not to worry, according to the Department of Natural Resources (DNR) Secretary Matthew Frank, this non-existent technology will only cost us (you and me) a buck a month. Somehow. And it will save $230 million in health care costs. Somehow.
Last week’s column explained how the DNR Board of seven, unelected members, (appointed by the governor for six-year terms) voted to reduce mercury emissions by 90% over the next seven years from the 31 coal burning power plants in this state. Since the technology to control mercury emissions doesn’t exist for a large-scale project like a power plant, any cost estimate is a guess at best. Maybe it won’t cost very much. Then again, maybe it will cost hundreds of millions of dollars for the 31 coal burning power plants (of the 1,024 in the United States) here in Wisconsin (Public Service Commission report). There is no real way of knowing.
There are five statutory books of law in Wisconsin. They are thin-paged and small print. There is another set of laws called the Administrative Code. Every Agency and Commission writes hundreds of pages of detailed interpretations of what has been passed into law by the legislature and the governor. Once adopted and in effect, Administrative Codes have the force of law. When researching any law, make sure you read the Administrative Code, too.
When an agency oversteps, it is possible, with much difficulty, to stop a proposed new rule. Bear with me a moment, this is technical procedural stuff. Important and yet dull.
The legislature’s review is mostly passive. A brief procedural guide is available on line. Agencies submit proposed administrative rules to the public and the legislature. A standing committee is able to object to a rule. Most likely in this case, the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources will be the committees to review the new Natural Resources rule. The Majority Leader in each house makes the committee assignment.
At the Committee Chair’s discretion, a public hearing may be held in either house. If either house objects to the rule, the next step is the Joint Committee for Review of Administrative Rules (JCRAR). This committee is made up of an even number of State Senators and State Representatives (because of the split legislature, Democratic Senate majority, Assembly Republican majority, there is an even number of Republicans and Democrats)
Without a majority of the members of JCRAR voting to stop a rule, the rule is enacted. Also, there is no committee meeting unless both co-chairs want one. Either chair can prevent a meeting on this Natural Resources rule.
The point of all of this is that people who are appointed to sit on governing boards are regular citizens with their own perspectives and biases. Once they are members of these boards, they wield lots of power. That power then has the force of law.
In this case, ratepayers are the ones who are going to pay for the DNR Board’s zeal for protecting the environment. Hopefully, it is at a cost our economy can afford. Hopefully, they realize the ratepayers (you and me) have to deal with many other rising costs as well.
There must be balance. Frank Lasee is a Republican and represents the 2nd Assembly District.
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• Important votes Tuesday, including Appleton Common Council
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• I'm doing the Jerry Bader Show, today, the 11th
• Representative Frank Lasee: Final Waltz of the Season
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