Realizacja uprawnień sejmiku województwa w zakresie ochrony jakości powietrza, związanych z przyjmowaniem uchwał antysmogowych
Implementation of the powers of the regional parliament in the field of air quality protection related to the adoption of anti-smog resolutions

Summary/Abstract: In the system of Polish law, one of the tools for air quality protection is, adopted by the regional parliament, pursuant to Art. 96 of the Act of 27 April 2001 – Environmental Protection Law, the so-called anti-smog resolution. It has the nature of an act of local law and contains provisions aimed at counteracting low emission, which is the main cause of smog. The article aims to show that anti-smog resolutions adopted by the regional parliaments are the basic legal tools for improving air quality in terms of low emissions in Poland. The article analyses the problems related to the adoption of anti-smog resolutions which are setting restrictions or prohibitions in the operation of installations, in which fuel combustion takes place, in 14 (out of 16) regions in which they were adopted. In practice, the adoption of anti-smog resolutions is the basic entitlement of the regional parliament to counteract low emissions in the region or its part. The regional parliament establishes in them appropriate restrictions or bans, adjusting them to local conditions. Failure to comply with anti-smog regulations may result in appropriate sanctions. However, to achieve the actual improvement of air quality in Poland, the implementation of the regional parliament powers related to the adoption of anti-smog resolutions should be carried out in parallel with the programs for co-financing the replacement of furnaces and thermal modernization of buildings.

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