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House File 100 - IntroducedA Bill ForAn Act 1regarding the nullification of regulations of the United
2States environmental protection agency in this state and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 455A.15A Nullification of United
2States environmental protection agency regulations.
31. The general assembly makes the following findings:
4a. The tenth amendment to the Constitution of the United
5States reads as follows: “The powers not delegated to the
6United States by the Constitution, nor prohibited by it to the
7States, are reserved to the States respectively, or to the
8people.”
9b. The tenth amendment defines the total scope of federal
10power as being that which is specifically granted by the
11Constitution of the United States and no more.
12c. Article VI of the Constitution of the United States
13states that federal actions are supreme only when made in
14pursuance of the Constitution of the United States.
15d. The scope of power defined by the tenth amendment
16means that the federal government was created by the states
17specifically to be an agent of the states.
18e. The regulation-making authority of the United States
19environmental protection agency is not authorized by the
20Constitution of the United States in any article or amendment
21and violates the Constitution’s true meaning and intent as
22given by the founders and ratifiers.
232. Based on the findings in section 1, all regulations
24imposed by the United States environmental protection agency
25before, on, or after July 1, 2017, are void in this state.
263. This state, being conscious of the need for environmental
27protection for its citizens, shall provide environmental
28protection through its department of natural resources.
294. All laws and funding appropriations concerning
30environmental protection shall be determined through passage of
31enrolled acts by the general assembly.
325. The department of natural resources shall be responsible
33for the adoption and enforcement of all necessary rules
34concerning environmental protection in this state.
35 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
-1-1immediate importance, takes effect upon enactment.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill nullifies the regulations of the United States
6environmental protection agency in this state. The bill states
7that the regulation-making authority of the United States
8environmental protection agency is not authorized by the
9Constitution of the United States in any article or amendment
10and violates the Constitution’s true meaning and intent. The
11bill makes the department of natural resources responsible for
12the protection of the environment in this state. All laws and
13funding appropriations related to environmental protection
14shall be enacted by the general assembly of this state.
15The bill takes effect upon enactment.
-2-tr/rj
2States environmental protection agency in this state and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 455A.15A Nullification of United
2States environmental protection agency regulations.
31. The general assembly makes the following findings:
4a. The tenth amendment to the Constitution of the United
5States reads as follows: “The powers not delegated to the
6United States by the Constitution, nor prohibited by it to the
7States, are reserved to the States respectively, or to the
8people.”
9b. The tenth amendment defines the total scope of federal
10power as being that which is specifically granted by the
11Constitution of the United States and no more.
12c. Article VI of the Constitution of the United States
13states that federal actions are supreme only when made in
14pursuance of the Constitution of the United States.
15d. The scope of power defined by the tenth amendment
16means that the federal government was created by the states
17specifically to be an agent of the states.
18e. The regulation-making authority of the United States
19environmental protection agency is not authorized by the
20Constitution of the United States in any article or amendment
21and violates the Constitution’s true meaning and intent as
22given by the founders and ratifiers.
232. Based on the findings in section 1, all regulations
24imposed by the United States environmental protection agency
25before, on, or after July 1, 2017, are void in this state.
263. This state, being conscious of the need for environmental
27protection for its citizens, shall provide environmental
28protection through its department of natural resources.
294. All laws and funding appropriations concerning
30environmental protection shall be determined through passage of
31enrolled acts by the general assembly.
325. The department of natural resources shall be responsible
33for the adoption and enforcement of all necessary rules
34concerning environmental protection in this state.
35 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
-1-1immediate importance, takes effect upon enactment.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill nullifies the regulations of the United States
6environmental protection agency in this state. The bill states
7that the regulation-making authority of the United States
8environmental protection agency is not authorized by the
9Constitution of the United States in any article or amendment
10and violates the Constitution’s true meaning and intent. The
11bill makes the department of natural resources responsible for
12the protection of the environment in this state. All laws and
13funding appropriations related to environmental protection
14shall be enacted by the general assembly of this state.
15The bill takes effect upon enactment.
-2-tr/rj