Bill Text: AZ SB1393 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Greenhouse emissions; legislative authority
Spectrum: Partisan Bill (Republican 11-0)
Status: (Engrossed - Dead) 2011-03-02 - Transmit to Senate [SB1393 Detail]
Download: Arizona-2011-SB1393-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1393 |
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AN ACT
amending title 41, chapter 7, Arizona Revised Statutes, by adding article 14; relating to the legislature.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 7, Arizona Revised Statutes, is amended by adding article 14, to read:
ARTICLE 14. LEGISLATIVE AUTHORITY
41-1294. Authority over greenhouse gases
Notwithstanding any federal law or regulation, this state, through the legislature, has authority to regulate anthropogenic emissions of carbon dioxide and other greenhouse gases and substances, including PM‑10 and PM‑2.5, produced by mechanical or chemical processes, including agricultural operations and waste operations.
Sec. 2. Short title
This act may be cited as the "Freedom to Breathe Act".
Sec. 3. Declarations of authority
The legislature of this state declares that the authority for this act is the following:
1. The Tenth Amendment to the United States Constitution guarantees and reserves to the states and their people all powers not granted to the federal government elsewhere in the Constitution as they were understood at the time that the amendment was ratified on December 15, 1791, subject only to modification by duly ratified subsequent amendments to the United States Constitution. The guaranty of those powers is a matter of compact between the state and people of Arizona and the United States as of the time that Arizona was admitted to statehood on February 14, 1912.
2. As a matter of compact between the state and people of Arizona and the United States as of the time that Arizona was admitted to statehood, the Tenth Amendment to the United States Constitution guarantees to the state and people of Arizona that Congress and the federal government will not exercise any purported power under article I, section 8 of the United States Constitution (the "Enumerated Powers") except in accordance with its meaning and understanding at the time the United States Constitution was ratified on June 21, 1788, subject only to modification by duly ratified subsequent amendments to the United States Constitution.
3. At the time the United States Constitution was ratified on June 21, 1788, the Enumerated Powers were meant and understood not to grant Congress general police powers or the power to regulate the purely internal affairs of the states or their people. This meaning and understanding of the Enumerated Powers, as it pertains to regulation of anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, has never been modified by any duly ratified amendment to the United States Constitution. Accordingly, the foregoing meaning and understanding of the Enumerated Powers is a matter of compact between the state and people of Arizona and the United States as of the time that Arizona was admitted to statehood on February 14, 1912.
4. At the time the United States Constitution was ratified on June 21, 1788, the Enumerated Powers were not meant or understood to authorize Congress to regulate wholly intrastate manufacturing or noneconomic activities. This understanding of the Enumerated Powers, as it pertains to the regulation of anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, has never been modified by any duly ratified amendment to the United States Constitution. Accordingly, the foregoing understanding of the Enumerated Powers is a matter of compact between the state and people of Arizona and the United States as of the time that Arizona was admitted to statehood on February 14, 1912.
5. At the time the United States Constitution was ratified on June 21, 1788, the Enumerated Powers were not meant or understood to authorize Congress to prohibit any aspect of interstate trade except as necessary and proper to prevent state law from engaging in local protectionism and otherwise solely to ensure that interstate trade occurs smoothly and efficiently among the states. This understanding of the Enumerated Powers, as it pertains to the regulation of anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, has never been modified by any duly ratified amendment to the United States Constitution. Accordingly, the foregoing understanding of the Enumerated Powers is a matter of compact between the state and people of Arizona and the United States as of the time that Arizona was admitted to statehood on February 14, 1912.
6. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the regulation of anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations.
7. The regulation of intrastate commerce, manufacturing and noneconomic activities, as it pertains to intrastate anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, is excluded from the meaning and understanding of the Enumerated Powers at the time the United States Constitution was ratified on June 21, 1788, and it is vested in the states under the Tenth Amendment to the United States Constitution.
8. Under the Tenth Amendment, the people and state of Arizona retain their exclusive power to regulate wholly intrastate commerce, manufacturing or noneconomic activities, as it pertains to intrastate anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, subject only to the Fourteenth Amendment's guaranty that the people and state of Arizona shall exercise such sovereign power in accordance with each citizen's lawful privileges or immunities, and in compliance with the requirements of due process and equal protection of the law.
9. Article II, sections 2 and 33, Constitution of Arizona, secure to Arizona citizens, and prohibits unreasonable government interference with, their natural rights to life, liberty and property as entailed by the traditional Anglo‑American conception of ordered liberty; including, but not limited to, their rights as they were understood and secured by the law in the state of Arizona at the time the Arizona Constitution was adopted. This Constitutional protection is unchanged from the Arizona Constitution as it was adopted. The guaranty of this right is a matter of compact between the state and people of Arizona and the United States as of the time that Arizona was admitted to statehood on February 14, 1912.
10. The Ninth Amendment to the United States Constitution secures individual rights not specified in the Constitution and reserves to the people of Arizona as against the federal government their natural rights to life, liberty and property as entailed by the traditional Anglo-American conception of ordered liberty, including, but not limited to, their rights as they were understood and secured by the common law at the time that the amendment was ratified on December 15, 1791, as well as their rights as they were understood and secured by the law in the state of Arizona at the time the Arizona Constitution was adopted. The guaranty of those rights is a matter of compact between the state and people of Arizona and the United States as of the time that Arizona was admitted to statehood on February 14, 1912.
11. To the extent that article II, sections 2 and 33, Constitution of Arizona, secures to Arizona citizens a more expansive right to emit intrastate anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, than does the Ninth Amendment to the United States Constitution, the Tenth Amendment to the United States Constitution secures and reserves to the people of Arizona as against the federal government that right as it was understood and secured by the law in the state of Arizona at the time the Arizona Constitution was adopted. The guaranty of this right is a matter of compact between the state and people of Arizona and the United States as of the time that Arizona was admitted to statehood on February 14, 1912.
Sec. 4. Declaration of exclusive sovereign authority and sanctions
A. The harmless emission of anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, is a necessary incident of the Constitutional rights of Arizonans under the Ninth Amendment to the United States Constitution, as well as article II, sections 2 and 33, Constitution of Arizona.
B. The intrastate emission of anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, is not subject to federal law or federal regulation, under the Enumerated Powers of the federal government. Accordingly, to the extent that such emissions can be regulated consistent with the principles of free republican government, such power is reserved to the State of Arizona or the people under the Tenth Amendment to the United States Constitution.
C. Any effort by any governmental official to enforce within the borders of the state of Arizona federal laws or federal regulations purporting to restrict intrastate emissions of anthropogenic carbon dioxide or other greenhouse substances is herewith declared a violation of civil rights and unlawful under Arizona state law.
Sec. 5. Rule of construction and severability
Any court responsible for construing this act must adopt a construction of each provision that:
1. Confines the power of Congress to regulate under the Enumerated Powers, as it pertains to the intrastate emission of anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, to the least expansive interpretation permitted under binding precedent.
2. Secures the authority of the state of Arizona to exclusively regulate intrastate manufacturing, commerce and noneconomic activities, as it pertains to the emission of anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, under the Tenth Amendment to the United States Constitution to the greatest extent permitted under binding precedent.
3. Protects the constitutional rights of Arizonans under the Ninth Amendment to the United States Constitution, as well as article II, sections 2 and 33, Constitution of Arizona, as they pertain to the intrastate emission of anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, from regulation or restraint by the federal government to the greatest extent permitted under binding precedent.
4. If any portion of this act is held to be unlawful or unconstitutional under any present or future law or court decision, that provision will be fully severable. This act shall then be construed and enforced as if the unlawful or unconstitutional provision had never comprised a part of it, and the remaining provisions of this act will remain in full force and effect and will not be affected by any such unlawful or unconstitutional provision or by its severance from this act.
