Virginia House Delegates Robert G. Marshall and Anne B. Crockett-Stark recently introduced HB 27. The Residential energy efficiency standards exempts certain homes from federal cap & trade legislation, and would limit the power of the EPA to set the standards for home construction in Virginia, as stated in the bill’s brief description.
Residential energy efficiency standards. Exempts any residential building or manufactured home in Virginia from being subject to federal legislation relating to residential energy efficiency standards if such building complies with the Statewide Uniform Building Code. Except to the extent required by the Statewide Building Code, the owner of such building or home cannot be required by the federal government to (i) have an energy efficiency analysis conducted on his residence, (ii) have his residence meet federal energy efficiency standards, (iii) participate in a building performance labeling program, (iv) make modifications to the residence in accordance with federal legislation, or (v) post a label showing the energy efficiency of his home prior to its sale. The bill also prohibits any state agency from assisting any federal agency in the implementation of global warming or climate change legislation.
We at the Tenth Amendment Center believe strongly in the wisdom and views of two of Virginias’ most respected statesmen on the duty of the states under the US Constitution; “and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”- James Madison, Virginia Resolutions, 1798;”whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force”- Thomas Jefferson, Kentucky Resolutions, 1798
This proposed law is an example of the state asserting its right under the Tenth Amendment, telling the EPA it has no jurisdiction over building codes within state borders. Building codes are a local or state issue.
This bill is presently moving through the House and has had second reading, but at the present time, it has been watered down by amendments to remove several sections of the bill protecting manufactured homes and provision blocking any state agency from assisting any federal agency in implementation of EPA regulations. It is time for the citizens of Virginia to contact their legislator at Virginia General Assembly’s Who’s My Legislator? and tell them that you expect them to do their ‘duty’ and restore the bill to its original condition and to pass it as soon as possible.
We at the Tenth Amendment Center hope that you will join us in thanking Delegates Robert G. Marshall and Anne B. Crockett-Stark for their continued support and belief in the Constitution, the Tenth Amendment and the Sovereignty of the great Commonwealth of Virginia.
Also, please take a moment and visit the Tenth Amendments Legislative Tracking Page for other model legislation that can be introduced to further curtail the laws and regulations that are outside the powers granted to the federal government by the states.