| TO: | Honorable Brandon Creighton, Chair, House Committee on State Sovereignty, Select |
| FROM: | John S O'Brien, Director, Legislative Budget Board |
| IN RE: | HB2545 by Hancock (Relating to the participation of this state in the Regional Air Quality Compact.), As Introduced |
The bill would allow the state to enter into a compact with other states to form a Region Air Quality Compact specifically for the purpose of developing a program to serve as a replacement for the functions of the U.S. Environmental Protection Agency (EPA) with regard to enforcement of air quality laws.
Article 1 of the bill would define certain terms used in the Compact as well define the purpose of the Compact. Under Article 1, each party state would be required to work cooperatively with all other party states to develop a program to be administered by the party states and the local governments within those states for the prevention and control of air pollution. This program would serve to replace the functions of the U.S. EPA for enforcement of laws regulating air quality. Article 1 also states that this plan must include the common guidance for a state implementation plan under the Federal Clean Air Act (FCAA).
Article 2 of the bill outlines the duties the of the Governors of any party states that are members of the compact as well as the duties of the Regional Air Quality Commission (compact commission) created by the Compact. The Governor of each party state would nominate one commissioner to serve on the compact commission and would also be required to seek enactment of any legislation recommended by the compact commission. The compact commission would be required to: develop guidance for party states to ensure conformity with state and federal law; recommend any changes to state and federal law necessary to implement the Compact; include the restoration of original constitutional constraints on federal power; develop any documents needed for the organization of the commission; and recommend a budget to the legislatures of the party states.
Article 3 of the bill would specify taht the Compact becomes effective immediately upon adoption by any two states. Article 3 would specify that upon passage of a resolution by the U.S. Congress, the guidance developed by the compact commission would replace the review and enforcement authority of the U.S. EPA with regard to its duties and powers under the FCAA. Additionally, Article 3 would provide for amendment to the Compact by agreement and legislative amendments by the party states as well as specifying that by consenting to the compact the U.S. Congress consents to any amendments to the Compact.
Article 4 of the bill would allow any state to withdraw from the Compact by repealing the original legislation that adopted the Compact. However, the article also specifies that the Compact shall be dissolved and may not be enforced if fewer than two states remain in the Compact.
The bill would take effect September 1, 2011.
This estimate assumes that any additional costs incurred by state agencies if a compact were to be formed would be absorbed using existing resources.
| Source Agencies: | 301 Office of the Governor, 582 Commission on Environmental Quality
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| LBB Staff: | JOB, KM, TL
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