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. 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.
a. 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.
b. 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.
c. 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.
d. 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.
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. On passage of a resolution by the United States Congress consenting to this compact, the guidance developed by the commission shall replace the review and enforcement authority of the United States Environmental Protection Agency relating to its powers and duties under the Clean Air Act.
c. This compact may be amended by agreement of the party states and enactment of an amendment by the legislature of each party state.
d. By consenting to this compact, the United States Congress consents to any amendment adopted under this compact.
6) WITHDRAWAL AND DISSSOLUTION. A MemberState 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.
Approved by ALEC Board of Directors, June 6, 2011.