Eric Burlison (r) [2016 file photo].

A bill, introduced in the Missouri Senate:

SECOND REGULAR SESSION
SENATE BILL NO. 715 [pdf]
100TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURLISON.

Pre-filed December 1, 2019, and ordered printed.

ADRIANE D. CROUSE, Secretary. 3039S.01I

AN ACT

To repeal section 536.037, RSMo, and to enact in lieu thereof two new sections relating to state enforcement of federal regulations.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 536.037, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 1.360 and 536.037, to read as follows:

1.360. 1. To ensure that the powers reserved to this state under Amendment X of the Constitution of the United States are protected and to ensure that the federal government does not encroach on this state’s status as an independent sovereign in a federal system of governance, all federal rules and regulations promulgated by the United States Environmental Protection Agency shall be subject to approval by the general assembly as set forth in subsection 5 of this section.

2. No department or agency of this state shall enforce any rule or regulation promulgated by the United States Environmental Protection Agency within the borders of this state unless the enforcement of such regulation is approved by the general assembly as set forth in subsection 5 of this section.

3. No rule or regulation promulgated on or after August 28, 2020, by any department or agency of this state in conjunction with the enforcement of any rule or regulation promulgated by the United States Environmental Protection Agency shall be enforceable unless such rule or regulation is approved by the general assembly as set forth in subsection 5 of this section.

4. Any existing rule or regulation promulgated before August 28, 2020, by any department or agency of this state in conjunction with the enforcement of any rule or regulation promulgated by the United States Environmental Protection Agency that is in force and effect after August 28, 2020, shall be subject to review by the committee on administrative rules, established under section 536.037. The committee shall determine whether such rule or regulation shall continue to be enforced and shall make a recommendation thereof to the general assembly. The general assembly shall review all such rules and regulations referred to it by the committee and shall approve or disapprove of the continued enforcement of such rules or regulations. No such rule or regulation that the general assembly disapproves shall be enforceable unless and until the rule or regulation is again referred to the general assembly by the committee of administrative rules and then approved by the general assembly. Any such rule or regulation that the general assembly approves shall continue to be enforced unless such rule or regulation is repealed by the agency or department.

5. No rule or regulation promulgated by the United States Environmental Protection Agency, or any rule or regulation promulgated by any department or agency of this state in conjunction with the enforcement of any rule or regulation promulgated by the United States Environmental Protection Agency, shall be effective in the state until the general assembly, within the first sixty calendar days of the regular session immediately following the promulgation of such rule or regulation, by concurrent resolution, approves such rule or regulation.

[….]

4. The committee shall review all rules and regulations promulgated before August 28, 2020, by any federal agency or by any state agency in conjunction with the enforcement of any rule or regulation promulgated by the United States Environmental Protection Agency that are in force and effect on August 28, 2020, and determine whether such rules and regulations should continue to be enforced under section 1.360. In its review the committee may take such action as it deems necessary, which may include holding hearings. The committee shall refer all reviewed rules and regulations to the general assembly with a recommendation of whether such rule or regulation should be enforceable. Any citizen of this state may request the review of any specific rule or regulation promulgated by the United States Environmental Protection Agency, and the committee shall review such rule or regulation.

[….]

So, you like clean air and water, eh?