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House Engrossed
natural resources; federal law; requirements |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HOUSE BILL 2059 |
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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:
1-273. 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. [A ] [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.
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".