Bill Text: IA HF100 | 2017-2018 | 87th 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 and including effective date provisions.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2017-01-24 - Introduced, referred to Natural Resources. H.J. 114. [HF100 Detail]
Download: Iowa-2017-HF100-Introduced.html
House File 100 - Introduced HOUSE FILE BY WHEELER, HOLT, SHEETS, GASSMAN, BAXTER, HEARTSILL, and WATTS A BILL FOR 1 An Act regarding the nullification of regulations of the United 2 States environmental protection agency in this state and 3 including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1543YH (4) 87 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, 2017, 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 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 2 1 immediate importance, takes effect upon enactment. 2 2 EXPLANATION 2 3 The inclusion of this explanation does not constitute agreement with 2 4 the explanation's substance by the members of the general assembly. 2 5 This bill nullifies the regulations of the United States 2 6 environmental protection agency in this state. The bill states 2 7 that the regulation=making authority of the United States 2 8 environmental protection agency is not authorized by the 2 9 Constitution of the United States in any article or amendment 2 10 and violates the Constitution's true meaning and intent. The 2 11 bill makes the department of natural resources responsible for 2 12 the protection of the environment in this state. All laws and 2 13 funding appropriations related to environmental protection 2 14 shall be enacted by the general assembly of this state. 2 15 The bill takes effect upon enactment. LSB 1543YH (4) 87 tr/rj
