House Engrossed

 

natural resources; federal law; requirements

 

 

 

 

State of Arizona

House of Representatives

Fifty-seventh Legislature

First Regular Session

2025

 

 

 

HOUSE BILL 2059

 

 

 

 

AN ACT

 

amending Title 1, chapter 2, article 4, Arizona Revised Statutes, by adding section 1-273; relating to SOVEREIGN authority.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 1, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 1-273, to read:

START_STATUTE1-273. Sovereign authority; natural resources; anticommandeering; exception; standard of review; civil penalty; violation; classification

A. Pursuant to article II, section 3, Constitution of Arizona, this state, any agency or political subdivision of this state and any employee of this state or any agency or political subdivision of this state acting in the employee's official capacity may not use any personnel or financial resources to enforce, administer or cooperate with any of the following federal actions or programs:

1. The following programs or actions authorized by the clean air act of 1963 (P.L. 88-206; 42 United States Code sections 7401 through 7671) as amended by the clean air act amendments of 1990 (P.L. 101-549):

(a) The good neighbor plan rule adopted by the United States environmental Protection agency.

(b) Ozone nonattainment areas.

(c) PM2.5 nonattainment areas.

2. any waters of the United states that are regulated by the Federal water pollution control act amendments of 1972 (P.L. 92-500; 86 Stat. 816; 33 United States Code sections 1251 through 1376), as amended.

3. Energy efficiency standards for new construction of housing and urban development-financed and United States department of agriculture-financed housing authorized by the Energy Independence and Security aCt of 2007 (P.L. 110-140).

4. The mexican wolf reintroduction program pursuant to the ENDANGERED species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States code sections 1531 through 1544).  This paragraph does not apply to the livestock loss program that is administered and enforced by the Arizona livestock loss board.

5. The incidental take permit program pursuant to the endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1536 through 1539).A. Pursuant to [the sovereign authority of this state and] article II, section 3, Constitution of Arizona, this state[,] [and] any [agency or] political subdivision of this state[, or an] [and any ]employee of [an agency of] this state or any [agency or ]political subdivision of this state acting in the employee's official capacity[] may not [do any of the] [use any personnel or financial resources to enforce, administer or cooperate with any of the] following [federal actions or programs]:

[1. Knowingly and willingly participate in any way in the enforcement of any federal act, law, order, rule or regulation that relates to coal, oil, gas, timber or other extractive resources or downstream industries related to the extractive resources, if the federal act, law, order, rule or regulation does not exist pursuant to the laws of this state.

2. Use any assets, state monies, or monies allocated by this state to a local entity on or after the effective date of this section, in whole or in part, to engage in any activity that aids a federal agency, federal agent or corporation providing services to the federal government in the enforcement or any investigation pursuant to the enforcement of any federal act, law, order, rule or regulation that relates to coal, oil, gas, timber or other extractive resources or downstream industries related to the extractive resources if the federal act, law, order, rule or regulation does not exist pursuant to the laws of this state.]

[1. The following programs or actions authorized by the clean air act of 1963 (P.L. 88-206; 42 United States Code sections 7401 through 7671) as amended by the clean air act amendments of 1990 (P.L. 101-549):

(a) The good neighbor plan rule adopted by the United States environmental Protection agency.

(b) Ozone nonattainment areas.

(c) PM2.5 nonattainment areas.

2. any waters of the United states that are regulated by the Federal water pollution control act amendments of 1972 (P.L. 92-500; 86 Stat. 816; 33 United States Code sections 1251 through 1376), as amended.

3. Energy efficiency standards for new construction of housing and urban development-financed and United States department of agriculture-financed housing authorized by the Energy Independence and Security aCt of 2007 (P.L. 110-140).

4. The mexican wolf reintroduction program pursuant to the ENDANGERED species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States code sections 1531 through 1544).  This paragraph does not apply to the livestock loss program that is administered and enforced by the Arizona livestock loss board.

5. The incidental take permit program pursuant to the endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1536 through 1539).]

B. This section does not prohibit this state or an agency or political subdivision of this state, or an employee of  this state or an agency orB. This section does not prohibit this state or [any] [an agency or] political subdivision of this state, or an employee of [an agency of] this state or [any] [an agency or] political subdivision of this state acting in the employee's official capacity, from complying with a court order.

C. In any proceeding in superior court to enforce compliance with a federal action or program listed in subsection A of this section, the court shall decide all questions of law and all questions of fact relating to the designated federal action or programC. In any proceeding [in superior court]to enforce compliance with a federal [act, law, order, rule or regulation that relates to coal, oil, gas, timber or other extractive resources or downstream industries related to the extractive resources] [action or program listed in subsection A of this section], the court shall decide all questions of law and [all] questions of fact relating to the [designated] federal [act, law, order, rule or regulation] [action or program] without deference to any previous determination that may have been made on the question by a federal agency.

D. Any employee of this state or of any agency orD. Any [agent or] employee of this state or of any [agency or] political subdivision of this state who knowingly violates this section, on a first violation, is subject to a civil penalty of not more than $3,000 and, on a second or subsequent violation, is guilty of a class 1 misdemeanor. A person who is guilty of a class 1 misdemeanor pursuant to this subsectionmisdemeanor.  A person who is guilty of a class 1 misdemeanor [pursuant to this subsection] is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served not less than sixty days in jail.

E. An agency or political subdivision of this state may not receive grant monies from any source if the agency or political subdivision adopts a rule, order, ordinance, regulation or policy or otherwise takes any action that violates this section.  An agency or political subdivision may not receive  grant monies from any sourceE. [] [An agency or] political subdivision of this state may not receive [state] grant monies [from any source] if the [agency or] political subdivision adopts a rule, order, ordinance [, regulation] or policy [the political subdivision under which][or otherwise takes any action that] violates this section. [The] [An agency or] political subdivision may not receive [any state] grant monies [from any source] in the fiscal year following the year in which a final judicial determination in an action brought pursuant to this section is made that finds that the agency or political subdivision adopted a rule, order, ordinance, regulation or policy or otherwise took action that violated [that finds] that the [agency or] political subdivision [has intentionally required actions] [adopted a rule, order, ordinance, regulation or policy or otherwise took action] that [violate] [violated]this section. END_STATUTE

Sec. 2. Legislative findings

The legislature finds that:

1. In enacting this act, the legislature intends to protect Arizona employees, including law enforcement officers, from being directed, through federal executive orders, agency orders, statutes, laws, rules or regulations in effect on or after the effective date of this act, to violate the person's oath of office and rights affirmed under the Tenth Amendment to the United States Constitution.

2. Pursuant to and in furtherance of the principles of federalism enshrined in the United States Constitution, and recognized by the Supreme Court of the United States, the federal government may not commandeer this state's officers, agents or employees to participate in the enforcement or facilitation of any federal act or regulatory program.

3. The right to be free from the commandeering hand of the federal government has been recognized by the Supreme Court of the United States in New York v. United States, 505 U.S. 144 (1992) and Printz v. United States, 521 U.S. 898 (1997), among other cases, with the court consistently holding that the federal government may neither issue directives requiring the states to address particular problems, nor command the states' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.

4. The anticommandeering principles recognized by the Supreme Court of the United States in New York v. United States, 505 U.S. 144 (1992) and Printz v. United States, 521 U.S. 898 (1997), among other cases, are predicated on the advice of James Madison, who in Federalist Number 46 advised "a refusal to cooperate with officers of the Union" in response to either unconstitutional federal measures or constitutional but unpopular federal measures.

Sec. 3. Severability

If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

Sec. 4. Short title

This act may be cited as the "Natural Resources Anticommandeering Act".