An Act to vacate $304 (d) of Executive Order 94-3, returning the responsibility of administering Division of Environmental Quality to the Office of the Governor, and for other purposes (P.L. 11-108)

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Pedro Tenorio Jesus R. Sablan Governor Lt. Governor The Honorable T. Benavente Speaker, House of Representatives Eleventh Northern Marianas Saipan, MP 96950 Commonwealth Legislature and The Honorable Paul A. Manglona President of the Senate Eleventh Northern Marianas Saipan, MP 96950 Commonwealth Legislature Dear Mr. Speaker and Mr. President: Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200 Fax: (670) 664-221 1 This is to inform you that I have signed into law House Bill No. 11-485, entitled, "To vacate Section 304 (d) of Executive Order 94-3, returning the responsibility of administering Division of Environmental Quality to the Office of the Governor; and for other purposes," which was passed by the Eleventh Northern Marianas Commonwealth Legislature. The US Environmental Protection Agency (EPA) is responsible for determining whether our solid waste permit program complies with the federal requirements. EPA has informed us that it believes that the current organizational structure, wherein Division of Environmental Quality (DEQ) is within the Department of Public Works constitutes a conflict of interest, and therefore could not approve the solid waste program. Therefore, this legislation is necessary to rectify this problem. It further allows the DEQ to work independently and effectively carrying its locally mandated task and meets the requirement of implementing Federal programs in the Commonwealth. This bill becomes Public Law No. Copies bearing my signature are forwarded for your reference. Sincerely, J Governor CC: Secretary of Public Works Division of Environmental; Special Assistant for Programs Legislative Review. P. Diego CNMI's 11-108. ::;ov. COMAt (HOUSE) DEC. 0 3 1999 DEG 3 & HOUSE OF REPRESENTATIVES COMMONWEALTH LEGISLATURE NO. HOUSE BILL NO. AN ACT To vacate (d) of Executive Order 94-3, returning the responsibility of administering Division of Environmental Quality to the Office of the Governor, and for other purposes. Offered by S. Hofschneider, Jesus T. Attao and David M. Apatang Date: September 29, 1999 HOUSE ACTION Standing Committee Report: None First and Final Reading: September 29, 1999 SENATE ACTION Standing Committee Report: None Second and Final Reading: November 12,1999 ELEVENTH NORTHERN MARIANAS §304 Representative(s): Heinz J?UBXIC LAW' ~ House Clerk 11-.:-108 11-485 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE I To vacate (d) of Executive Order 94-3, returning the responsibility of administering Division of Environmental Quality to the Office of the Governor, and for other purposes. I FOURTH REGULAR SESSION, 1999 I NO. NO. 11-485 I Section 1. Findinas. The Legislature finds that to more appropriately carry out the policy and purpose of the Commonwealth Environmental Protection Act, the Division of Environmental Quality should be reclassified as an independent regulatory agency, acting from within the Office of the Governor. A sound environmental administration must consider the divergent interests of all government departments, while also serving the total public constituency and the private business sector. We feel that these goals can be more efficiently met if the DEQ is removed from the constraints of working within the Department of Public Works. Having a regulatory agency such as DEQ placed within a department that it is tasked to regulate both diminishes its ability to carry out its mandated duties, and creates an inherent conflict of interest. As such, we feel that DEQ should become an independent and impartial agency, protecting out island community's most valuable resource, our environment. Section 2. Repealed. E.O. 94-3 $304 (d) is hereby vacated in its entirety. Section 3. Placement in the Office of the Governor. All administrative duties and authority with regards to the Division of Environmental Quality is hereby placed with the Office of the Governor, or his designee, and any records, property and personnel transferred the Department of Public Works pursuant to E.O. 94-3 304 (d) shall revert to the Office of the Governor, Division of Environmental Quality. y PUBLIC LAW 11-108 H.B. §304 from 15 funds, § I i I I 1 : 3 i PUBLIC LAW NO. 11-108 HOUSE BILL NO. 11-485 Section 4. Severability. If any provision of this Act or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or circumstances other than those to which it is held invalid shall not be thereby. Section 5 . Savings Clause. This Act and any repealer contained herein shall not be as affecting any existing right acquired under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes. Repealers contained 8 9 in this Act shall not affect any proceeding instituted under or pursuant to prior law. The enactment of this Act shall not have the effect of terminating, or in any way any 10 1 1 12 13 liability, civil or criminal, which shall already be in existence at the date this Act becomes effective. Section 6 . Effective Date. This Act shall take effect upon its approval by the Governor or upon its becoming law without such approval. CERTIFIED BY: T. SPEAKER HOUSE OF REPRESENTATIVES ATTESTED TO BY: \ this , 1999 GOVERNOR COMMONWEALTH OF THE NORTHERN ISLANDS Page 2 2 I :1 4 I affected 5 6 constmed 7 modifying, / BENAVENTE (-== E~~G Hous RK 'J f fAlllfAI PEDRO P. ffNORiO ""7✓- Acting MARIANA