Senate File 343 - Introduced SENATE FILE 343 BY GUTH A BILL FOR An Act regarding the nullification of regulations of the United 1 States environmental protection agency in this state. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2238XS (2) 86 tr/rj
S.F. 343 Section 1. NEW SECTION . 455A.15A Nullification of United 1 States environmental protection agency regulations. 2 1. The general assembly makes the following findings: 3 a. The tenth amendment to the Constitution of the United 4 States reads as follows: “The powers not delegated to the 5 United States by the Constitution, nor prohibited by it to the 6 States, are reserved to the States respectively, or to the 7 people.” 8 b. The tenth amendment defines the total scope of federal 9 power as being that which is specifically granted by the 10 Constitution of the United States and no more. 11 c. Article VI of the Constitution of the United States 12 states that federal actions are supreme only when made in 13 pursuance of the Constitution of the United States. 14 d. The scope of power defined by the tenth amendment 15 means that the federal government was created by the states 16 specifically to be an agent of the states. 17 e. The regulation-making authority of the United States 18 environmental protection agency is not authorized by the 19 Constitution of the United States in any article or amendment 20 and violates the Constitution’s true meaning and intent as 21 given by the founders and ratifiers. 22 2. Based on the findings in section 1, all regulations 23 imposed by the United States environmental protection agency 24 before, on, or after July 1, 2015, are void in this state. 25 3. This state, being conscious of the need for environmental 26 protection for its citizens, shall provide environmental 27 protection through its department of natural resources. 28 4. All laws and funding appropriations concerning 29 environmental protection shall be determined through passage of 30 enrolled acts by the general assembly. 31 5. The department of natural resources shall be responsible 32 for the adoption and enforcement of all necessary rules 33 concerning environmental protection in this state. 34 EXPLANATION 35 -1- LSB 2238XS (2) 86 tr/rj 1/ 2
S.F. 343 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill nullifies the regulations of the United States 3 environmental protection agency in this state. The bill states 4 that the regulation-making authority of the United States 5 environmental protection agency is not authorized by the 6 Constitution of the United States in any article or amendment 7 and violates the Constitution’s true meaning and intent. The 8 department of natural resources shall be responsible for 9 protection of the environment in this state. All laws and 10 funding related to environmental protection shall be enacted by 11 the general assembly of this state. 12 -2- LSB 2238XS (2) 86 tr/rj 2/ 2