The chairperson of the Natural Resources Commission said the oversight group is now “neutered” by a new practice used by the Indiana Department of Natural Resources to bypass the commission’s input.
The 12-person commission generally in the past has preliminarily proposed rules prior to final adoption — giving them direct input in the rule. But DNR Director Alan Morrison is now doing that on his own.
DNR Assistant General Counsel Whitney Wampler told the group Tuesday that power has existed since 1996 though members said it hasn’t been the usual practice and is a new protocol.
“It now appears the commission will have little understanding of what is happening before the commission is asked for final adoption,” NRC Chair Bryan Poynter said at the conclusion of Tuesday’s NRC meeting.
“That’s not good stewardship. It’s not partnership. It’s not acceptable. It raises fundamental questions: What is the role of this commission if we’re excluded from the process at pivotal points?”
Commission members learned about the change Tuesday when they were surprised by a request to approve the final adoption of a rule on underground carbon dioxide storage they’d previously never seen.
Morrison signed off on preliminary adoption of the rule on Nov. 20.
It then proceeded to public comment, the only time a proposed rule can be amended prior to final adoption following a 2023 law change.
The commission voted 8-1 to adopt the rule, which grants DNR the authority to approve carbon sequestration permits over the objection of landowners, so long as at least 70% of landowners consent to the project.
Poynter criticized the rulemaking change, saying the commission is now “neutered” months after narrowly avoiding elimination through House Bill 1003, which abolished 40 public boards and commissions deemed inefficient by lawmakers.
Members proposed a small change to the carbon rule but were told that isn’t allowed outside of public comment. One member noted they could attend the public hearing and suggest a change but couldn’t take action on their own.
Wampler said the panel can vote yes, no or table a rule.
Morrison didn’t speak during the discussion of the new protocol.
Poynter said the commission was not created as an afterthought, but rather to provide oversight, guidance and accountability for DNR by statute.
Decisions are now being made independently of the commission, he said, asking for the panel to be given notice of future preliminary adoptions by Morrison.
“We’re being left in the dark,” Poynter said. “That’s not good practice.”
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