Bill Text: IA SF343 | 2015-2016 | 86th General Assembly | Introduced
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
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: TLSB 2238XS (2) 86 tr/rj 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. LSB 2238XS (2) 86 tr/rj
