(The Center Square) — Delaware Republicans seek to limit the governor’s “unfettered” powers by requiring more legislative oversight and setting limits on emergency declarations.
One proposal filed by the Assembly’s GOP minority would require the Legislature to create a new joint committee on Oversight of Agency Regulations and enhance lawmakers’ oversight of new regulations.
Another would require the Legislature to reauthorize emergency declarations — such as those set by Democratic Gov. John Carney during the COVID-19 pandemic — every 180 days.
A summary of the bill says it intends to “require the legislative branch to reasonably restrict or confirm the executive branch in its exercise of emergency powers, thereby maintaining a balance or separation of powers between the executive and legislative branches of state government.”
“State regulations can carry the weight of law, placing new restrictions, burdens, and costs on Delaware citizens, but Delawareans have virtually no ability to impact the regulatory process,” said state Rep. Jeff Spiegelman, R-Townsend, the bill’s primary sponsor. “While state agencies are required to publish pending regulations and solicit feedback, they are not compelled to make any changes in their proposals, regardless of public opinion.”
Sen. Dave Wilson, R-Cedar Creek Hundred, said the bill recognizes the need for the governor to act quickly in the event of an emergency or disaster but sets limits on that authority.
“If an emergency lasts more than 180 days, this bill would require the legislature to approve extensions of the governor’s state of emergency order,” Wilson said in a statement. “Through their legislators, citizens would have a voice in the renewal of emergency orders and the mandates they contain.”
Lawmakers cited a recent decision by the Delaware Department of Natural Resources and Environmental Control to set new regulations restricting the state’s sale of fuel-powered cars, trucks and SUVs.
Those rules require vehicle manufacturers to sell an increasing percentage of new zero-emission passenger cars and light-duty trucks in model years 2026 through 2035.
State environmental officials say the rules will lead to more zero-emission vehicles on the road in Delaware, reducing gasoline and diesel fuel consumption and maintenance costs due to more fuel-efficient vehicles.
But Republicans have pushed back hard against the proposed regulations, arguing the changes would be an unfunded mandate on the state’s consumers, forcing them to buy expensive electric vehicles.
Senate Republican Whip Brian Pettyjohn, R-Georgetown, has filed a bill that would block state agencies from setting similar setting regulations without public legislative input. He said the implementation of the EV regulations illustrates the need for limits on executive powers.
“The regulation was finalized despite overwhelming opposition to it,” he said. “When elected leaders display such a high level of disregard for the people they are supposed to be serving, it’s clear the system is dysfunctional and in dire need of reform.”
