Oppose HB 1351 'No-More-Stringent-Than' Bill
2015 Legislative Session
HB 1351 – Anti- Regulations bill
Bill author: Rep Wolkins
Co-authors: Harman, Goodin, Judy
Status: Cleared House Government and Regulatory Reform 7-4, Passed House 78-18, referred to Senate, but not voted on.  The bill died in committee.
Position: CGI Opposes HB 1351

HB 1351 would handicap Indiana policymakers. Early in his administration, Gov. Pence put a moratorium on new regulations. This bill expands the moratorium and affects all regulatory agencies: IDEM, DNR, ISDH, FSSA, CEDA, IURC, etc.

Legislators claim that federal and state regulatory bodies are too aggressive at the expense of economic growth. However, there are areas where the EPA has been weak, if not absent. For example, the EPA has not adequately protected the public from the serious pollution threats of fracking, coal ash sludge lagoons, factory farm waste, outdoor wood boilers, and above-ground chemical storage tanks to name a few.

This bill could make it illegal for regulators to enact any new regulation unless explicitly authorized by federal or state law. HB 1351 would make it state law prohibiting state regulatory agencies from making any regulations that do not strictly adhere to what is allowed in this bill In effect, it would eliminate the multi-decade discretionary authority that executive agencies have long had and could have the added effect of paralyzing agencies in carrying out their existing responsibilities out of fear of being sued for going beyond what those federal programs require.

HB 1351 weakens Indiana's ability to make its own decisions on how best to protect its people. This is inconsistent with Hoosiers’ long tradition of protecting “state’s rights", effectively, putting more, not less, power in the hands of the federal government to make those decisions for Indiana.

For more information visit http://www.hecweb.org/bill-watch-2015/hb1351/

HB 1351 is the re-incarnation of HB 1143 from the 2014 Legislative Session.