Bill Text: IA SF343 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act regarding the nullification of regulations of the United States environmental protection agency in this state.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-02 - Subcommittee, Dearden, Brase, and Rozenboom. S.J. 414. [SF343 Detail]

Download: Iowa-2015-SF343-Introduced.html

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Senate File 343 - Introduced




                                 SENATE FILE       
                                 BY  GUTH

                                      A BILL FOR

  1 An Act regarding the nullification of regulations of the United
  2    States environmental protection agency in this state.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  455A.15A  Nullification of United
  1  2 States environmental protection agency regulations.
  1  3    1.  The general assembly makes the following findings:
  1  4    a.  The tenth amendment to the Constitution of the United
  1  5 States reads as follows: "The powers not delegated to the
  1  6 United States by the Constitution, nor prohibited by it to the
  1  7 States, are reserved to the States respectively, or to the
  1  8 people."
  1  9    b.  The tenth amendment defines the total scope of federal
  1 10 power as being that which is specifically granted by the
  1 11 Constitution of the United States and no more.
  1 12    c.  Article VI of the Constitution of the United States
  1 13 states that federal actions are supreme only when made in
  1 14 pursuance of the Constitution of the United States.
  1 15    d.  The scope of power defined by the tenth amendment
  1 16 means that the federal government was created by the states
  1 17 specifically to be an agent of the states.
  1 18    e.  The regulation=making authority of the United States
  1 19 environmental protection agency is not authorized by the
  1 20 Constitution of the United States in any article or amendment
  1 21 and violates the Constitution's true meaning and intent as
  1 22 given by the founders and ratifiers.
  1 23    2.  Based on the findings in section 1, all regulations
  1 24 imposed by the United States environmental protection agency
  1 25 before, on, or after July 1, 2015, are void in this state.
  1 26    3.  This state, being conscious of the need for environmental
  1 27 protection for its citizens, shall provide environmental
  1 28 protection through its department of natural resources.
  1 29    4.  All laws and funding appropriations concerning
  1 30 environmental protection shall be determined through passage of
  1 31 enrolled acts by the general assembly.
  1 32    5.  The department of natural resources shall be responsible
  1 33 for the adoption and enforcement of all necessary rules
  1 34 concerning environmental protection in this state.
  1 35                           EXPLANATION
  2  1 The inclusion of this explanation does not constitute agreement with
  2  2 the explanation's substance by the members of the general assembly.
  2  3    This bill nullifies the regulations of the United States
  2  4 environmental protection agency in this state. The bill states
  2  5 that the regulation=making authority of the United States
  2  6 environmental protection agency is not authorized by the
  2  7 Constitution of the United States in any article or amendment
  2  8 and violates the Constitution's true meaning and intent. The
  2  9 department of natural resources shall be responsible for
  2 10 protection of the environment in this state. All laws and
  2 11 funding related to environmental protection shall be enacted by
  2 12 the general assembly of this state.
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