Bill Text: AZ HB2698 | 2014 | Fifty-first Legislature 2nd Regular | Introduced

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Bill Title: Air quality; particulates; cooperation prohibited

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced - Dead) 2014-02-13 - Referred to House EENR Committee [HB2698 Detail]

Download: Arizona-2014-HB2698-Introduced.html

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REFERENCE TITLE: air quality; particulates; cooperation prohibited

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

 

 

HB 2698

 

Introduced by

Representatives Thorpe: Borrelli, Livingston, Mitchell, Montenegro, Seel, Shope, Smith, Senators Burges, Melvin

 

 

AN ACT

 

amending title 49, chapter 3, article 2, Arizona Revised Statutes, by adding section 49-423; relating to state air pollution control.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 49, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 49-423, to read:

START_STATUTE49-423.  Department compliance; federal particulate standards and programs

A.  The department shall not COOPERATE with the United States ENVIRONMENTAL protection agency regarding implementation or enforcement of standards ESTABLISHED under the clean air act for particulates, including pm‑10.

B.  Solely at the discretion of the director, the DEPARTMENT may monitor or track pm-10, PM-2.5 or other particulates in this state but shall not report or otherwise comply with the United States ENVIRONMENTAL protection agency's laws, rules or programs regarding particulates. END_STATUTE

Sec. 2.  Intent

A.  The United States Supreme Court has ruled that the federal government cannot force the states or state officials into federal service, and federal laws that compel the states to execute federal legislation or federal regulations are unconstitutional.  In Printz v. United States, 521 U.S. 898 (1997) (also known as the Mack/Printz decision), Justice Antonin Scalia noted that the Supreme Court held in an earlier case that "Congress cannot compel the States to enact or enforce a federal regulatory program.  Today we hold that Congress cannot circumvent that prohibition by conscripting the State's officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.  It matters not whether policymaking is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty."  521 U.S. at 935.

B.  It is therefore unconstitutional for the United States environmental protection agency to force this state, including the department of environmental quality, to comply with the clean air act amendments of 1990 (P.L. 101-549), and any rules adopted under the authority of that act, and it is similarly unconstitutional for the federal government to use punitive measures, whether financial or otherwise, to force this state to implement measures regulating PM-10, PM-2.5 or other particulates.  It is therefore the intent of the legislature by this act to direct the department of environmental quality not to cooperate in the implementation of these measures.