Regional Air Quality Interstate Compact Exposed

The Regional Air Quality Interstate Compact was considered by ALEC's [https://www.sourcewatch.org/index.php/ALEC_Energy,_Environment_and_Agriculture_Task_Force Energy, Environment and Agriculture Task Force at the 2011 Spring Task Force Summit on April 29, 2011. This bill was part of the ALEC task force agenda between 2010 and 2012, but due to incomplete information, it is not known if the bill passed in a vote by legislators and lobbyists at ALEC task force meetings, if ALEC sought to distance itself from the bill as the public increased scrutiny of its pay-to-play activities, or if key operative language from the bill has been introduced by an ALEC legislator in a state legislature in the ensuing period or became binding law.

ALEC Draft Bill Text

SECTION A. REGIONAL AIR QUALITY COMPACT

1) EXECUTION OF INTERSTATE COMPACT. This state enacts the Regional Air Quality Compact and enters into the compact with all other states legally joining in the compact in substantially the following form:

2) RESTORING STATE RESPONSIBILITY. Each party state shall work with the other party states to formulate plans for restoring the primary responsibility of States and local governments in the prevention of air pollution and the control of air pollution at its source, in accordance with 42 U.S.C. § 7401(a)(3) of the federal Clean Air Act, and for reversing numerous actions of the federal Environmental Protection Agency committed in violation of state authorities, federal law, and the Constitution of the United States. Each party state shall work with other party states to adopt common guidance for state implementation plans under the federal Clean Air Act, 42 U.S.C. § 7401, et seq., through the Regional Air Quality Commission, in accordance with Article __ of this Compact.

3) REGIONAL AIR QUALITY COMMISSION. The governor of each party state shall nominate, within 30 days of the effective date of this Compact, one commissioner to the Regional Air Quality Commission. The Commission shall develop and issue guidance concerning state implementation plans hereunder, to ensure conformity with applicable federal and state law, and shall issue such orders as may be necessary to correct failures to comply with federal and state law in the form of notifications to party state governments. The Commission shall recommend such changes in federal and state law as may be necessary and proper to implement the purposes of this Compact, including the restoration of original constitutional constraints on federal power, and the governor of each party state shall seek enactment of such recommendations at the earliest opportunity. The commissioners to the Commission shall develop the organic documents necessary for the organization of the Commission, and shall recommend a budget.

4) CONGRESSIONAL CONSENT. Upon the granting of the express consent of Congress to the terms of this Compact, and with respect to any guidance or order adopted by the Regional Air Quality Commission, during the period of effectiveness of such guidance or order, the review and enforcement authorities of the Environmental Protection Agency under the federal Clean Air Act, 42 U.S.C. § 7401, et seq., shall be suspended with respect to state implementation plans covered by this Compact.

5) IMPLEMENTATION

a. This Compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter, this Compact shall become effective as to any other state upon its enactment by such state.

b. This Compact shall become effective, for purposes of the operation of federal law in the Member States and of any other legal effect requiring congressional consent under Article I, Section 10, of the United States Constitution, upon the passage of a resolution expressing the consent of Congress to this Compact.

c. This Compact may be amended by agreement among the Member States and enactment of such amendment under the laws of each Member States. By consenting to this Compact, Congress consents to any amendments adopted in accordance with this section.

6) WITHDRAWAL AND DISSSOLUTION. A Member State may withdraw from this Compact by repealing the enactment of this Compact. This Compact shall be dissolved upon the withdrawal of all but one of the signatories hereto.