A Republican lawmaker says the Governor’s Regulatory Review Council is not performing its statutory duties to review agency rulemakings for legal compliance and legislative intent, despite denials of wrongdoing by the council’s chair.
During a Senate Government Committee hearing on March 26, Sen. Jake Hoffman, R-Queen Creek, questioned the chair of GRRC for nearly an hour about its processes for reviewing proposed rules from state agencies. The hearing was meant to serve as a review of a sunset audit conducted by the Auditor General’s Office, but the questioning focused on a particular rulemaking from the Department of Water Resources.
Hoffman said he heard that the Governor’s Office and ADWR asked GRRC to speed up the rulemaking process for the Alternative Path to Assured Water Supply rules, known as ADAWS. The rules are currently the subject of several lawsuits filed by the Legislature and Republican-aligned groups.
GRRC reviewed the ADAWS rules and approved them in late 2024, but Hoffman accused the council of rushing the review, violating laws related to public comment periods, and scheduling a vote on the rulemaking during a study session when some council members were absent.
“We feel so strongly that you violated the law. We will be vindicated, and that rule will be thrown out,” Hoffman told GRRC chair Jessica Klein during the hearing. “GRRC has to do a better job of ensuring statutory compliance. Right now, you’re failing in that mission.”
Klein vehemently denied the accusations made by Hoffman and at times expressed frustration with his questions. She noted that she was appearing before the committee to testify on an auditor general report of the agency, which did not include the ADAWS rulemaking.
“I’m a simple council member who follows the statutes as they’re written,” Klein told Hoffman.
He pushed back on that, saying “that doesn’t seem to be the case,” before arguing that Klein’s role as the general counsel of the Department of Administration — which houses GRRC — made her answer “disingenuous.”
Hobbs’ spokesperson, Christian Slater, denied allegations that the Governor’s Office asked GRRC to rush the ADAWS rulemaking and criticized his characterization of the rules and the rulemaking process.
“Jake Hoffman has no idea what he’s talking about,” Slater said in a text message. “GRRC had three hearings on ADAWS, instead of the usual two … His desperate attempts to undermine this common sense policy show how out of touch and radical he, and the entire caucus that follows him, have become.”
Sen. Lauren Kuby, D-Tempe, said she was “appalled” by Hoffman’s approach to questioning Klein and commended her for her testimony during the hearing.
“You’re being asked the same question over and over and over again, and you’ve been answering it, and I appreciate your patience with this committee,” Kuby told Klein.
Klein was originally scheduled to appear before the Senate Government Committee in January, but had been unable to attend due to illness. She emphasized that when asked by Hoffman if she takes the sunset review process seriously.
“I take this process very seriously,” Klein responded. “This is actually my first in-person meeting this year after some pretty serious medical issues. I’m very happy to be here today, and I was happy to speak on behalf of my role within the council.”
Kuby also noted that five of the six members serving on the council currently were appointed by former Gov. Doug Ducey, despite Hoffman’s implications that issues with GRRC have arisen under Hobbs.
GRRC is scheduled to sunset in July if it is not renewed by the Legislature, but the bill to continue the council for two more years contains several provisions that seem to be inspired by concerns over the ADAWS rulemaking. House Bill 2594 would prohibit GRRC from voting on rules during study sessions and would require meetings to include equal time for public comment opposing and supporting a rule.
Klein said the council received advice from staff during the ADAWS rulemaking process that voting on a rule at a study session would not be out of the norm. She also noted that the council added an additional meeting to discuss the rules to ensure there was ample time for public comment.
The bill also makes significant changes to the makeup of the council and would prohibit Klein from continuing to serve as chair. HB2594 would prohibit ADOA’s general counsel from serving as chair of GRRC. Instead, it would require the director or deputy director to take Klein’s place.
The bill also takes three of the council member appointments away from the governor and gives them to the Legislature. Rep. Walt Blackman, R-Snowflake, sponsored the bill and said the change in makeup is an attempt to give lawmakers a say on the council.
The Senate Government Committee voted 4-3 on party lines to pass HB2594, but Hoffman said he would ensure the bill is held in the Senate Rules Committee until GRRC can provide him more information about times the council voted on rules during a study session.
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