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1 18 remain effective until modified or rescinded by action of the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