SB1394 - 501R

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

Section 1. Title 49, Arizona Revised Statutes, is amended by adding chapter 3.1, to read:

CHAPTER 3.1

INTERSTATE FREEDOM TO BREATHE COMPACT

ARTICLE 1. INTERSTATE FREEDOM TO BREATHE COMPACT

START_STATUTE49-651. Adoption of compact; text of compact

The governor is authorized and directed to enter into a compact on behalf of this state with any of the United States lawfully joined in the compact in a form substantially as follows:

Article I

Findings and declaration of policy

A. 4 United States Code section 112 gives congressional consent "to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and in the enforcement of their respective criminal laws and policies, and to establish such agencies, joint or otherwise, as they may deem desirable for making effective such agreements and compacts".

B. Pursuant to their police powers to protect public health, safety, welfare and morals, the party states have enacted or anticipate enacting laws or constitutional provisions to protect and guarantee the freedom to breathe.

C. The party states have enacted or anticipate enacting laws that make it a crime in their state for anyone to interfere with their respective freedom to breathe laws.

D. The party states find it necessary and deem it desirable for making effective their respective current or anticipated freedom to breathe criminal laws, as well as this agreement and compact, to do the following:

1. Prohibit any governmental agent from depriving any resident of any party state of the rights and freedoms guaranteed under its respective current or anticipated freedom to breathe laws.

2. Prohibit any governmental agent from penalizing any resident of any party state for exercising the rights and freedoms guaranteed under its respective current or anticipated freedom to breathe laws.

3. Cooperate with each other and to give each other mutual assistance in the prevention of crimes under the freedom to breathe criminal laws of any party state.

4. Cooperate with each other and to give each other mutual assistance in the criminal prosecution of anyone who violates the freedom to breathe criminal laws of any party state.

Article II

Definitions

As used in this compact, unless the context clearly indicates otherwise:

1. "Freedom to breathe laws" means any state law or constitutional provision that does either or both of the following:

(a) Protects and guarantees the freedom or right to engage in the harmless intrastate emission of anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations.

(b) Reserves the exclusive power to regulate the intrastate emission of anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, to the enacting state.

2. "Freedom to breathe criminal laws" means any state law that makes it a crime for anyone to interfere with the state's respective freedom to breathe laws.

3. "Penalize" means imposing any civil penalty, criminal fine, tax, salary or wage withholding or surcharge or any named fee with a similar effect established by law or rule by a government established, created or controlled agency that is used to punish or discourage the enjoyment of freedoms or rights protected under the state's freedom to breathe law.

4. "State" means a state of the United States.

Article III

Terms

Notwithstanding any state or federal law to the contrary:

1. Each party state shall give full faith and credit to the freedom to breathe criminal laws and freedom to breathe laws of every party state.

2. A governmental agent shall not deprive residents of party states of the rights and freedoms protected under their respective state's freedom to breathe criminal laws and guaranteed by their respective state's freedom to breathe laws.

3. A governmental agent shall not deprive party states of the powers protected under their respective freedom to breathe criminal laws and guaranteed by their respective freedom to breathe laws.

4. A governmental agent shall not penalize residents of party states for exercising the rights and freedoms protected under their respective state's freedom to breathe criminal laws and guaranteed by their respective state's freedom to breathe laws.

5. A governmental agent shall not penalize party states for exercising the powers protected under their respective freedom to breathe criminal laws and guaranteed by their respective freedom to breathe laws.

6. The party states shall cooperate with each other and give each other mutual assistance in the prevention of crimes under the freedom to breathe criminal laws of any party state.

7. The party states shall cooperate with each other and give each other mutual assistance in the criminal prosecution of any person who violates the freedom to breathe criminal laws of any party state.

Article IV

Enforcement

Notwithstanding any state or federal law to the contrary:

1. The chief law enforcement officer of each party state shall enforce this agreement and compact.

2. A taxpaying resident of any party state has standing in the courts of any party state to require the chief law enforcement officer of any party state to enforce this agreement and compact.

Article V

Compact administrator and interchange of information

A. The governor of each party state or the governor's designee is the compact administrator. The compact administrator shall:

1. Maintain an accurate list of all party states.

2. Consistent with subsections C and D, transmit in a timely fashion to other party states citations of all current freedom to breathe laws and current freedom to breathe criminal laws of the compact administrator's respective state.

3. Receive and maintain a complete list of the freedom to breathe laws and freedom to breathe criminal laws of each party state.

B. The compact administrator of each party state shall furnish to the compact administrator of each party state any information or documents that are reasonably necessary to facilitate the administration of this compact.

C. Within ten days after executing this agreement and compact, and thereafter on the close of each of their respective succeeding legislative sessions, the party states shall notify each other in writing and by appropriate citation of each of their current freedom to breathe laws, which shall be deemed within the subject matter of this agreement and compact, unless the compact administrator of one or more party states gives specific notice in writing to all other party states within sixty days of such notice that it objects to the inclusion of such law or laws in this agreement and compact.

D. Within ten days after executing this agreement and compact, and thereafter on the close of each of their respective succeeding legislative sessions, the party states shall notify each other in writing and by appropriate citation of each of their current freedom to breathe criminal laws, which shall be deemed within the subject matter of this agreement and compact, unless the compact administrator of one or more party states gives specific notice in writing to all other party states within sixty days of such notice that it objects to the inclusion of such law or laws in this agreement and compact.

Article VI

Entry into effect and withdrawal

A. This compact is deemed accepted when at least two states deliver a notice of confirmation, which is duly executed by their respective authorized representative and which acknowledges complete agreement to the terms of this compact, to each other's governor, the office of the clerk of the United States house of representatives, the office of the secretary of the United States senate, the president of the United States senate and the speaker of the United States house of representatives. Thereafter, the compact is deemed accepted by any state when a respective notice of confirmation, which is duly executed by the state's respective authorized representative and which acknowledges complete agreement to the terms of this compact, is delivered to each party state's compact administrator, the office of the clerk of the united states house of representatives, the office of the secretary of the United States senate, the president of the United States senate and the speaker of the United States house of representatives.

B. Any party state may withdraw from this compact by enacting a joint resolution declaring such withdrawal and delivering notice of the withdrawal to each other party state. A withdrawal does not affect the validity or applicability of the compact to states remaining party to the compact.

Article VII

Construction and severability

A. This compact shall be liberally construed so as to effectuate its purposes.

B. This compact is not intended to and shall not:

1. Prevent any person or association of persons from enjoying or enforcing private property rights.

2. Authorize any activity that ordinarily causes cognizable harm or injury to any person or association of persons.

3. Authorize increased regulation of any peaceful and productive activity of any person or association of persons.

C. This compact is intended to operate as the law of the nation with respect to the party states under 4 united states code section 112, to supersede any inconsistent state and federal law and to establish vested rights in favor of residents of the party states in the enjoyment of the rights and freedoms protected by their respective freedom to breathe criminal laws and guaranteed by their respective freedom to breathe laws.

D. If any phrase, clause, sentence or provision of this compact is declared in a final judgment by a court of competent jurisdiction to be contrary to the constitution of the united states or is otherwise held invalid, the validity of the remainder of this compact shall not be affected.

E. If the applicability of any phrase, clause, sentence or provision of this compact to any government, agency, person or circumstance is declared in a final judgment by a court of competent jurisdiction to be contrary to the constitution of the united states or is otherwise held invalid, the validity of the remainder of this compact and the applicability of the remainder of this compact to any government, agency, person or circumstance shall not be affected.

F. If this compact is held to be contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the affected party state as to all severable matters. END_STATUTE