Bill > HB2059

This bill establishes restrictions on Arizona state and local government agencies and employees from enforcing, administering, or cooperating with specific federal environmental and wildlife programs, including the Clean Air Act's Good Neighbor Plan and nonattainment area regulations, water pollution control regulations, energy efficiency standards for housing, the Mexican wolf reintroduction program, and endangered species incidental take permit programs. The bill allows state agencies to avoid compliance with these federal programs by prohibiting the use of personnel or financial resources to support them. Employees who knowingly violate these restrictions can face civil penalties up to $3,000 for a first violation and potentially a class 1 misdemeanor with mandatory jail time for subsequent violations. Additionally, agencies or political subdivisions that adopt rules or take actions contrary to this bill may be ineligible for grant monies. The bill is grounded in the principle of "anticommandeering," which is based on Supreme Court decisions and James Madison's writings, asserting that the federal government cannot compel state officials to enforce federal regulatory programs. The legislative findings emphasize protecting state employees from being forced to violate their oath of office or rights under the Tenth Amendment, and the bill includes a severability clause to ensure that if one part is found invalid, the rest of the act can still be implemented.

Agriculture and Natural Resources

https://apps.azleg.gov/BillStatus/BillOverview/81725