Revision: Nov. 13, 2023, 11:16 a.m.
2024 SESSION
24-2171.1
10/08
HOUSE BILL [bill number]
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill states that the federal Environmental Protection Agency has no constitutional validity in this state, and requires that the New Hampshire department of environmental services provide for all environmental protection in this state.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2171.1
10/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court makes the following findings:
I. The Tenth Amendment to the Constitution of the United States reads as follows: "The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
II. The Tenth Amendment defines the total scope of federal power as being that which is specifically granted by the Constitution of the United States and no more.
III. Article VI of the Constitution of the United States states that federal laws are supreme only when made "in pursuance" of the Constitution of the United States.
IV. The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states.
V. The regulation making authority of the United States Environmental Protection Agency is not authorized by any article of amendment of the Constitution of the United States and violates the Constitution's true meaning and intent as given by the founders and ratifiers.
2 New Paragraph; Department of Environmental Services; Establishment; Functions. Amend RSA 21-O:1 by inserting after paragraph II the following new paragraph:
III.(a) Because the authority of the United States Environmental Protection Agency is not authorized by any article or amendment of the Constitution of the United States, all regulations imposed by the United States Environmental Protection Agency are void in New Hampshire. The state and it's political subdivisions, including, but not limited to counties, cities, towns, precincts, water districts, school districts, school administrative units, or quasi-public entities, shall not engage in the enforcement of, or any collaboration with the Environmental Protection Agency. Furthermore, any requirements, mandates, recommendations, instructions, or guidance by the Environmental Protection Agency shall have no force of effect in New Hampshire.
(b) The state, being conscious of the need for environmental protection for its citizens, shall provide environmental protection through the department of environmental services established by this chapter.
(c) The department of environmental services shall be responsible for the implementation of all necessary rules concerning environmental protection in New Hampshire.
3 Effective Date. This act shall take effect 60 days after its passage.