Resolution to Oppose Unfunded Mandates on States Etc. Exposed

The Resolution to Oppose Unfunded Mandates on the States Through the Adoption of Regional Strategies Without the Support of Their State Legislature is listed under ALEC's Energy, Environment and Agriculture Task Force and was included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

The ALEC model Resolution urges Governors to oppose the imposition of federal mandates on the states through the adoption of regional strategies without the support of their state legislature.

Model Resolution

WHEREAS, Section 184 of the Clean Air Act as amended in 1990 specifically establishes a single interstate transport region and commission (Ozone Transport Commission -- OTC) comprised of the Governor (or their designees) of twelve northeast and mid-atlantic states and the District of Columbia --Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and Virginia -- to coordinate measures to control the interstate transfer of air pollutants; and

WHEREAS, upon petition of any State within the transport region and based upon a majority vote of the Governors on the Commission (or their designees), the Commission may develop specific recommendations to be submitted to the Administrator of the U.S. Environmental Protection Agency (EPA) for additional control measures to be applied within all or part of the region in order to bring the region into attainment; and

WHEREAS, on August 12, 1993 three states -- Maine, Maryland, and Massachusetts -- submitted to the OTC a petition to mandate region-wide the California Low Emission Vehicle (LEV) program; and

WHEREAS, two states -- Pennsylvania and Virginia -- completed studies of the California LEV program proposal found that the adoption of such proposal to be among the least effective and most economically damaging air quality control measure available to these states at this time; and

WHEREAS, two additional states -- Maryland and New Jersey -- are in the process of conducting similar California LEV program studies; and

WHEREAS, the OTC is considering additional control options for stationary sources; and,

WHEREAS citizens rely on state government to use their authority to prudently consider all policy options, and in particularly to ensure that effective approaches are adopted, which do not unnecessarily raise costs, and which do not retard economic growth; and,

WHEREAS, Governors, legislators, local government officials have brought the issue of unfunded federal mandates to the national agenda; and,

WHEREAS, a recommendation for imposition of regional strategies, such as the California LEV program, would represent an unfunded federal mandate requested by state government; and,

WHEREAS, there is considerable uncertainty about the effectiveness of the California LEV program; and,

WHEREAS, the uncertainty translate into potential excess costs and economic loss for the citizens of the states; and,

WHEREAS, states should proceed with caution where uncertainties are apparent; and,

WHEREAS, under state constitutions, decisions made on behalf of a state are the responsibility of both the legislative and executive branches.

NOW THEREFORE BE IT RESOLVED that the American Legislative Exchange Council (ALEC) opposes the imposition of unfunded federal mandates through process that excludes the legislative representatives of the people, and;

BE IT FURTHER RESOLVED, the American Legislative Exchange Council (ALEC) urges each Governor to oppose the imposition of additional unfunded federal mandates on the states through the adoption of regional strategies without the support of their state legislature, and;

BE IT FURTHER RESOLVED, that the American Legislative Exchange Council (ALEC) urges each Governor to instruct their representative on the Ozone Transport Commission (OTC) to oppose the petition of regional strategies for mobil and/or stationary sources, such as the California LEV program, until such time as the legislature and Governor shall have instructed them to support such program through the normal process of state decision-making, and;

BE IT FURTHER RESOLVED, that copies of this resolution be sent to each state's Governor within the ozone transport region.