COLUMBUS, Ohio — A pair of controversial bills that were passed during the last general assembly were addressed this week by lawmakers, one dealing with legislative oversight of the governor's executive orders, and the other, House Bill 6, a taxpayer-funded bailout of two Ohio nuclear power plants.

Republican senators, Terry Johnson (R-McDermott) and Rob McColley (R-Napoleon), have introduced a bill giving the state legislature power over the governor's executive orders or emergency declarations.

Senate Bill 22 would also create the Ohio Health Oversight and Advisory Committee, a bipartisan panel made up of members of the Ohio House and Ohio Senate that would advise the governor but could also rescind executive orders in times of public health emergencies after 11 days.

If that were to happen, the bill says the governor could not reissue the order for three months.
The committee could also strike down an Ohio Department of Health order at any time.

"It's important we, the Legislative Branch, are engaged when it comes to making decisions that so powerfully affect the health, safety, welfare, and freedom of our constituents,” Johnson said. “The goal of this piece of legislation is to give the citizens of the state of Ohio, through their elected officials in the general assembly, a voice in matters related public health.”

The bill would require the general assembly to sign off on any health emergency that lasts longer than 30 days. A simple majority of both chambers could shoot down any order from the governor.

Last year, lawmakers passed a bill to limit the state health director's power to issue emergency orders, but it was vetoed by Gov. Mike DeWine and never overridden.

"I believe the governor acted with what he felt were good intentions but this does not change the fact that the constitution remains in effect, and the governor and health director are subject to checks and balances like every other division of our government,” said McColley.

All the governor's office would say about Senate Bill 22 is they are currently reviewing it as it was introduced.

Separately, on Wednesday, Sen. Mark Romanchuk (R-Ontario) spoke on behalf of a bill he introduced to address a part of House Bill 6, the taxpayer-funded bailout of two Ohio nuclear power plants.

Romanchuk's Senate Bill 10 would get rid of a procedure in House Bill 6 called decoupling which guarantees FirstEnergy more than $1 billion per year regardless of consumer usage for the foreseeable future.

Decoupling was created in 2008 to help utilities recover lost revenue if consumers choose other more energy-efficient options.

"Since mandatory energy efficiency requirements were eliminated by House Bill 6, the need for decoupling mechanisms no longer exist,” Romancuk said. “It's not the legislature's job, especially at the expense of Ohioans, to make utilities recession proof.”

The bill would also do away with a measure passed in the 2019 biennial budget giving "significantly excessive earnings" to utilities like FirstEnergy.

The Public Utilities Commission of Ohio, or PUCO, defines "significantly excessive earnings" as making 17% or higher. However, other utilities are held to a standard around 10 percent. Anything higher than those amounts must be refunded.

The last budget made it possible for three utilities all owned by FirstEnergy to combine its profits to shield itself from being judged as an individual company.

"These policy changes were simply designed to financially benefit a single company at the expense of Ohioans," Romanchuk said.

Romanchuk said his bill would not have any effect on the nuclear power subsidies from House Bill 6.