Gov. Josh Stein has vetoed his fourth bill in the last two weeks, this time trying to shoot down an effort that would make it harder for state agencies to make rules and regulations.
Republicans in the General Assembly say the bill, called the REINS Act, is necessary to protect people from over-regulation by state employees they call "unelected bureaucrats."
In his veto message, Stein said the bill would "hamstring" agencies, boards and commissions by making new rules and regulations clear higher standards.
"This bill would make it harder for the state to keep people’s drinking water clean from PFAS and other dangerous chemicals, their air free from toxic pollutants, and their health care facilities providing high quality care," Stein wrote.
House Bill 402 requires:
- The General Assembly to ratify any rule that is deemed to have a cost of at least $20 million over a five-year period.
- A board or commission to pass by a two-thirds vote any rule that is deemed to have an economic impact of at least $1 million over a five-year period.
- A board or commission to pass unanimously any rule that is deemed to have an economic impact of at least $10 million over a five-year period.
- Agencies to prepare a fiscal note describing the impact of any rule or regulation that would have an impact of $1 million over a five-year period, up from $1 million over a one-year period.
It also prevents agencies from measuring the potential benefits of a regulation when considering which level of scrutiny is required.
The REINS Act would apply to new rules, but the boards and commission thresholds would also apply to existing rules that are already on the state's books. In 2013, legislative Republicans passed a law requiring state agencies to review every regulation once in a 10-year period.
Effectively, the REINS Act would give legislative Republicans the ability to thwart or scale back rules and regulations that are already part of state law, so long as they meet certain thresholds.
When the Senate passed the bill, Sen. Steve Jarvis, R-Davidson, said in a statement, "Those rules have significant impacts on the daily lives of North Carolinians, and it’s important to have an avenue to hold these boards accountable and bring much-needed transparency to the rulemaking process."
Veto override chances?
The REINS Act passed the House with votes from three Democrats who have reputations for siding with Republicans on some controversial measures. Those include Rep. Cecil Brockman, D-Guilford, Rep. Carla Cunningham, D-Mecklenburg and Rep. Shelly Willingham, D-Edgecombe.
Those lawmakers will be the focus when considering a veto override in the House. In that chamber, Republicans need at least one Democrat to join them on an override vote if every lawmaker is present.
Senate Republicans have a supermajority and are able to override vetoes any time every lawmaker is present.
Stein vetoed three bills last week, including two immigration bills and one that would allow anyone 18 years old and older to carry a concealed weapon without an additional permit.
Those were Stein's first vetoes since he was sworn in as governor earlier this year. The General Assembly has not yet taken up any override votes.
