Text: HSB47            Text: HSB49


House Study Bill 48

HOUSE FILE BY (PROPOSED COMMITTEE ON ENVIRONMENTAL PROTECTION BILL BY CHAIRPERSON OLSON) A BILL FOR 1 An Act relating to rulemaking authority of the department 2 of natural resources and including effective date and 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2017HC (4) 84 tm/rj PAG LIN 1 1 Section 1. Section 455A.4, subsection 1, unnumbered 1 2 paragraph 1, Code 2011, is amended to read as follows: 1 3 Except as otherwise provided by law and subject to 1 4 rules adopted by the natural resource commission and the 1 5 environmental protection commission, the director shall: 1 6 Sec. 2. Section 455A.4, subsection 1, paragraph i, Code 1 7 2011, is amended to read as follows: 1 8 i. Adopt rules in accordance with chapter 17A as necessary 1 9 or desirable for the organization or reorganization of the 1 10 department to provide for the administration of chapter 321G, 1 11 321I, 455B, 455C, 456A, 456B, 457A, 459, 459A, 459B, 461A, 1 12 462A, 462B, 464A, 465C, 481A, 481B, 483A, 484A, or 484B. 1 13 Rulemaking authority held by the natural resource commission 1 14 or the environmental protection commission is vested in the 1 15 director upon the effective date of this Act. Rules adopted by 1 16 the natural resource commission or the environmental protection 1 17 commission prior to the effective date of this Act, shall 1 18 remain effective until modified or rescinded by action of the 1 19 director in accordance with the provisions of chapter 17A. 1 20 Sec. 3. Section 455A.5, subsection 6, paragraph a, Code 1 21 2011, is amended to read as follows: 1 22 a. Establish Recommend policy and adopt rules, pursuant 1 23 to chapter 17A, necessary to provide for the effective 1 24 administration of chapter 321G, 321I, 456A, 456B, 457A, 461A, 1 25 462A, 462B, 464A, 465C, 481A, 481B, 483A, 484A, or 484B. 1 26 Sec. 4. Section 455A.5, subsection 6, paragraph e, Code 1 27 2011, is amended by striking the paragraph. 1 28 Sec. 5. NEW SECTION. 455A.5A Schedule of fees ==== rules. 1 29 1. The director shall adopt, by rule, a schedule of fees for 1 30 permits issued by the natural resource commission, including 1 31 conditional permits, and a schedule of fees for administration 1 32 of the permits. The fees shall be collected by the department 1 33 and used to offset costs incurred in administrating a program 1 34 for which the issuance of the permit is made or under which 1 35 enforcement is carried out. 2 1 2. In determining the fee schedule, the director shall 2 2 consider all of the following: 2 3 a. The reasonable costs associated with reviewing 2 4 applications, issuing permits, and monitoring compliance with 2 5 the terms of issued permits. 2 6 b. The relative benefits to the applicant and to the public 2 7 of a permit review, permit issuance, and monitoring compliance 2 8 with the terms of the permit. 2 9 c. The typical costs associated with a type of project or 2 10 activity for which a permit is required. 2 11 3. However, a fee shall not exceed the actual costs incurred 2 12 by the department. 2 13 Sec. 6. Section 455A.6, subsection 6, paragraph a, Code 2 14 2011, is amended to read as follows: 2 15 a. Establish Recommend policy for the department and adopt 2 16 rules, pursuant to chapter 17A, necessary to provide for the 2 17 effective administration of chapter 455B, 455C, or 459. 2 18 Sec. 7. Section 455B.103, subsection 1, Code 2011, is 2 19 amended by striking the subsection and inserting in lieu 2 20 thereof the following: 2 21 1. Adopt, modify, or repeal rules necessary to implement 2 22 this chapter, chapter 455C, chapter 459, chapter 459A, and 2 23 chapter 459B, only to the extent that the rules are consistent 2 24 with the provisions of these chapters. Any rulemaking 2 25 authority held by the commission is vested in the director 2 26 upon the effective date of this Act. Rules adopted by the 2 27 commission prior to the effective date of this Act shall remain 2 28 in effect until modified or rescinded by action of the director 2 29 in accordance with the provisions of chapter 17A. 2 30 a. The director shall include in the preamble of a rule a 2 31 statement referencing the authority delegated to the director 2 32 pursuant to which the rule is adopted. The preamble for the 2 33 rule shall indicate when the director is implementing a federal 2 34 rule by reference and include a financial impact statement 2 35 detailing the general impact of the rule upon the regulated 3 1 parties. 3 2 b. When proposing or adopting rules to implement a specific 3 3 federal environmental program, the director shall not impose 3 4 requirements more restrictive than the requirements of the 3 5 federal program being implemented. 3 6 c. When proposing or adopting rules, the director shall 3 7 include departmental policy relating to the disclosure of 3 8 information concerning a violation or alleged violation 3 9 of the rules, standards, permits, or orders issued by the 3 10 department and the confidentiality of information obtained by 3 11 the department in the administration and enforcement of this 3 12 chapter, chapter 455C, chapter 459, chapter 459A, and chapter 3 13 459B. 3 14 Sec. 8. Section 455B.103, subsection 2, Code 2011, is 3 15 amended by striking the subsection. 3 16 Sec. 9. Section 455B.105, subsections 3 and 11, Code 2011, 3 17 are amended by striking the subsections. 3 18 Sec. 10. NEW SECTION. 455B.106 Schedule of fees ==== rules. 3 19 1. The director shall adopt, by rule, procedures and forms 3 20 necessary to implement the provisions of this chapter and 3 21 chapters 459, 459A, and 459B relating to permits, conditional 3 22 permits, and general permits. 3 23 2. The director may also adopt, by rule, a schedule of fees 3 24 for permit and conditional permit applications and a schedule 3 25 of fees which may be periodically assessed for administration 3 26 of permits and conditional permits. In determining the fee 3 27 schedules, the director shall consider: 3 28 a. The state's reasonable cost of reviewing applications, 3 29 issuing permits and conditional permits, and checking 3 30 compliance with the terms of the permits. 3 31 b. The relative benefits to the applicant and to the 3 32 public of permit and conditional permit review, issuance, and 3 33 monitoring compliance. It is the intention of the general 3 34 assembly that permit fees shall not cover any costs connected 3 35 with correcting violation of the terms of any permit and shall 4 1 not impose unreasonable costs on any municipality. 4 2 c. The typical costs of the particular types of projects 4 3 or activities for which permits or conditional permits are 4 4 required, provided that in no circumstances shall fees be in 4 5 excess of the actual costs to the department. 4 6 3. Except as otherwise provided in this chapter and chapter 4 7 459, fees collected by the department under this section shall 4 8 be remitted to the treasurer of state and credited to the 4 9 general fund of the state. 4 10 4. The director shall adopt rules for applications or 4 11 permits related to the national pollutant discharge elimination 4 12 system (NPDES) coverage as described in section 455B.197, 4 13 including fees, only to the extent that the rules are 4 14 consistent with that section. 4 15 Sec. 11. Section 455B.183A, subsection 2, Code 2011, is 4 16 amended to read as follows: 4 17 2. The commission director shall adopt fees as required 4 18 pursuant to section 455B.105 455B.106 for permits required for 4 19 public water supply systems as provided in sections 455B.174 4 20 and 455B.183. Fees paid pursuant to this section shall not be 4 21 subject to the sales or services tax. The fees shall be for 4 22 each of the following: 4 23 a. The construction, installation, or modification of a 4 24 public water supply system. The amount of the fees may be 4 25 based on the type of system being constructed, installed, or 4 26 modified. 4 27 b. The operation of a public water supply system, including 4 28 any part of the system. The commission director shall adopt 4 29 a fee schedule which shall be based on the total number of 4 30 persons served by public water supply systems in this state. 4 31 However, a public water supply system shall be assessed a fee 4 32 of at least twenty=five dollars. A public water supply system 4 33 not owned or operated by a community and serving a transient 4 34 population shall be assessed a fee of twenty=five dollars. The 4 35 commission director shall calculate all fees in the schedule to 5 1 produce total revenues equaling three hundred fifty thousand 5 2 dollars for each fiscal year, commencing with the fiscal year 5 3 beginning July 1, 1995, and ending June 30, 1996. For each 5 4 fiscal year, the fees shall be deposited into the public water 5 5 supply system account. By May 1 of each year, the department 5 6 shall estimate the total revenue expected to be collected from 5 7 the overpayment of fees, which are all fees in excess of the 5 8 amount of the total revenues which are expected to be collected 5 9 under the current fee schedule, and the total revenue expected 5 10 to be collected from the payment of fees during the next fiscal 5 11 year. The commission director shall adjust the fees if the 5 12 estimate exceeds the amount of revenue required to be deposited 5 13 in the account pursuant to this paragraph. 5 14 Sec. 12. Section 455B.310, subsection 5, Code 2011, is 5 15 amended to read as follows: 5 16 5. Solid waste disposal facilities with special provisions 5 17 which limit the site to disposal of construction and demolition 5 18 waste, landscape waste, coal combustion waste, cement kiln 5 19 dust, foundry sand, and solid waste materials approved by the 5 20 department for lining or capping, or for construction berms, 5 21 dikes, or roads in a sanitary disposal project or sanitary 5 22 landfill are exempt from the tonnage fees imposed under this 5 23 section. However, solid waste disposal facilities under 5 24 this subsection are subject to the fees imposed pursuant to 5 25 section 455B.105, subsection 11, paragraph "a" 455B.106. 5 26 Notwithstanding the provisions of section 455B.105, subsection 5 27 11, paragraph "b" 455B.106, the fees collected pursuant to this 5 28 subsection shall be deposited in the solid waste account as 5 29 established in section 455E.11, subsection 2, paragraph "a", 5 30 to be used by the department for the regulation of these solid 5 31 waste disposal facilities. 5 32 Sec. 13. Section 459B.104, subsections 1 and 2, Code 2011, 5 33 are amended to read as follows: 5 34 1. The environmental protection commission director of the 5 35 department shall establish by rule adopted pursuant to chapter 6 1 17A, requirements relating to the construction, including 6 2 expansion, or operation of dry bedded confinement feeding 6 3 operations, including related dry bedded manure confinement 6 4 feeding operation buildings and stockpiles. 6 5 2. Any provision referring generally to compliance with 6 6 the requirements of this chapter as applied to dry bedded 6 7 confinement feeding operations also includes compliance with 6 8 requirements in rules adopted by the environmental protection 6 9 commission director of the department pursuant to this section, 6 10 orders issued by the department as authorized under this 6 11 chapter, and the terms and conditions applicable to manure 6 12 management plans required under this chapter. 6 13 Sec. 14. INTENT. It is the intent of the general assembly 6 14 that upon the effective date of this Act, the director of 6 15 the department of natural resources shall have the powers 6 16 and duties and shall assume the sole responsibility for 6 17 proposing and adopting rules as necessary for the effective 6 18 administration of the duties of the department of natural 6 19 resources. All references in statute or rules to the 6 20 rulemaking authority of the natural resource commission or 6 21 the environmental protection commission of the department of 6 22 natural resources shall upon the effective date of this Act be 6 23 construed to refer only to the director of the department of 6 24 natural resources. 6 25 Sec. 15. APPLICABILITY. This Act applies to all rules 6 26 noticed or adopted after the effective date of this Act. If a 6 27 rule with an effective date prior to the effective date of this 6 28 Act is amended after the effective date of this Act, then the 6 29 provisions of this Act are applicable to the entire rule being 6 30 amended and not only to the precise portion of the rules that 6 31 is being amended. For purposes of applying the provisions of 6 32 this Act, the effective date of the amendment to a rule shall 6 33 be the new effective date of the rule as a whole. 6 34 Sec. 16. EFFECTIVE UPON ENACTMENT. This Act, being deemed 6 35 of immediate importance, takes effect upon enactment. 7 1 EXPLANATION 7 2 This bill relates to rulemaking authority of the department 7 3 of natural resources. 7 4 Currently, the environmental protection commission and the 7 5 natural resources commission both have rulemaking authority 7 6 for Code chapters administered by the department of natural 7 7 resources. The bill transfers the rulemaking authority for 7 8 both commissions to the director of the department of natural 7 9 resources. The bill makes conforming amendments. 7 10 The bill takes effect upon enactment. LSB 2017HC (4) 84 tm/rj
Text: HSB47            Text: HSB49