What’s remarkable about Gov. Josh Green’s first intent-to-veto roster, released on Monday, was its brevity. Only 11 of the bills passed in the last Legislature are listed as candidates for the veto pen — far fewer than what typically emerges at this time each year.
By July 11, Green must draw from these measures to settle on which ones finally will get vetoed. By law, lawmakers then could vote to override him. But judging by the criteria for getting on this list, largely technical arguments about their constitutionality and conflicts with other statutes, a big fight with the Fifth Floor seems unlikely.
And avoiding big, unnecessary fights should be seen as a good thing. In addition to the 11 bills, Green exercised the line-item veto last month, cutting $1.1 billion out of state’s budget over the next two years.
One policy-based objection that raises eyebrows would be the consideration of House Bill 153 as a veto candidate. This bill would set the range of daily penalties for violations of the State Water Code at between $50 and $60,000.
Green found this to be a disincentive for housing developments and, lacking guidelines and a graduated scale of fines, “appears both arbitrary and discretionary.”
It also appears to be consistent with federal Environmental Protection Agency fines for similar infractions, according to testimony from the state Department of Land and Natural Resources, which “strongly supports” the measure.
If, for example, limits on pumping of water for developments are exceeded, there should be fines, if the water code is to mean anything. Rule-making by DLNR could take care of the discretionary nature of the legal language in HB 153.
Otherwise, the principal message from the intent-to-veto list is encouraging, at least at this stage. It should signal that the executive branch has managed to work through most of its disagreements with the House and Senate during the lawmaking process itself.
Let’s hope this turns out to be as productive an approach as it sounds.