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AZ SCR1050
Concurrent Resolution
Status
3/22/2010
Primary Sponsor
Albert Melvin
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AI Summary
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Enacts a measure (the "Freedom to Breathe Act") for voter approval that establishes Arizona state legislature's authority to regulate anthropogenic emissions of carbon dioxide and other greenhouse gases from mechanical, chemical, biological, and agricultural operations.
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Declares that intrastate emissions of greenhouse gases are not subject to federal regulation under the Enumerated Powers of Congress and are reserved to Arizona under the Tenth Amendment to the U.S. Constitution.
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States that harmless emissions of anthropogenic carbon dioxide and greenhouse substances are a constitutional right of Arizona citizens under the Ninth Amendment and Arizona Constitution Article II, sections 2 and 33.
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Declares that any governmental effort to enforce federal greenhouse gas emissions restrictions within Arizona's borders is a violation of civil rights and unlawful under Arizona state law.
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Requires courts to interpret the act in the least expansive way for federal regulatory power and the most expansive way for state authority, with full severability if any provision is deemed unconstitutional.
Legislative Description
Greenhouse emissions; legislative authority
Last Action
Referred to House ENV Committee
3/31/2010