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Commissioners debate whether petition-for-rulemaking should start in committee or full EMC
Summary
Commission members questioned why an air-quality petition for rulemaking on the EMC agenda was sent directly to the full commission instead of being vetted in committee; the body discussed bylaws, committee roles and past practice and agreed to leave the procedural question unresolved for later clarification.
During the committee meeting a commissioner questioned why an air-quality petition for rulemaking on the EMC agenda would go straight to the full commission rather than being considered first by the committee. The question prompted a back-and-forth about bylaws and historical practice.
One commissioner said petitions in the past generally went through committee for discussion and a recommendation before appearing to the full EMC. "In the past, rulemaking petitions have gone through the appropriate committee first and gotten a recommendation from committee to go to the full EMC," the commissioner said.
Other participants noted the commission has discretion over how to handle petitions and that the act of granting a petition is the commission's decision; if the commission grants a petition, committee work (including preparing the fiscal/regulatory impact analysis) typically follows before publication in the register. Participants also debated whether a committee could amend the rule draft or the regulatory impact analysis once a petition is granted.
The group did not resolve the procedural question at the meeting. Participants suggested clarifying the bylaws or practice at a later date; the meeting adjourned without a formal change to procedure.
