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AZ SCR1050

Concurrent Resolution

Status

Engrossed

3/22/2010

Primary Sponsor

Albert Melvin

Click for details

Origin

Senate

Forty-ninth Legislature - Second Regular Session (2010)

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Full Bill Text

No bill text available