Pennsylvania Technicality Explained, Not Justified

The little known state agency, The Legislative Reference Bureau, that is standing in the way of recent popular mercury emissions legislation in Pennsylvania, has its position clarified but not fully justified in this editorial from The Sentinel. An excerpt follows; the entire piece can be read here.

The rule in question directs the reduction of mercury emissions at coal-fired power plants by 90 percent. The custom is for such rules to go into effect upon publication in the Pennsylvania Bulletin, but the Legislative Reference Bureau, which prints the Bulletin, refused to publish the rule.

The bureau claims that, because the state Senate adjourned before the 14-day legislative review period was up, the Senate now has an additional 10 days to review the rule under state regulatory law.

It may well be that this particular conflict between regulatory law and the state Constitution simply hasn’t come up before and that all sides are acting in good faith. We’d prefer to think this is the situation, but it seems to us that a pro forma tradition is being used as a pocket veto in this case.