Text: HF2504            Text: HF2506


House File 2505

HOUSE FILE BY COMMITTEE ON ENVIRONMENTAL PROTECTION (SUCCESSOR TO HSB 690) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the compliance advisory panel, including the 2 appointment of its members and its powers and duties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5352HV 82 5 da/nh/5 PAG LIN 1 1 Section 1. Section 455B.131, Code Supplement 2007, is 1 2 amended by adding the following new subsection: 1 3 NEW SUBSECTION. 13. "Small business stationary source" 1 4 means a stationary air contaminant source that meets all of 1 5 the following requirements: 1 6 a. Employs one hundred or fewer individuals. 1 7 b. Qualifies as a small business concern by the United 1 8 States department of commerce pursuant to 15 U.S.C. } 632. 1 9 c. Is not a major stationary source. 1 10 d. Emits less than fifty tons per year of any federally 1 11 regulated air pollutant and less than seventy=five tons per 1 12 year of all federally regulated pollutants under the federal 1 13 Clean Air Act Amendments of 1990, 42 U.S.C. } 7401 et seq. 1 14 Sec. 2. NEW SECTION. 455B.133A SMALL BUSINESS STATIONARY 1 15 SOURCE TECHNICAL AND ENVIRONMENTAL COMPLIANCE ASSISTANCE 1 16 PROGRAM. 1 17 A small business stationary source technical and 1 18 environmental compliance assistance program shall be 1 19 administered and enforced as required pursuant to the federal 1 20 Clean Air Act Amendments of 1990, 42 U.S.C. } 7661f. 1 21 Sec. 3. Section 455B.133B, Code 2007, is amended to read 1 22 as follows: 1 23 455B.133B AIR CONTAMINANT SOURCE FUND CREATED. 1 24 An air contaminant source fund is created in the office of 1 25 the treasurer of state under the control of the department. 1 26 1. Moneys received from the fees assessed pursuant to 1 27 section 455B.133, subsection 8, shall be deposited in the 1 28 fund. 1 29 2. Moneys in the fund shall be used solely to defray the 1 30 costs related to the permit, monitoring, and inspection 1 31 program, including the small business stationary source 1 32 technical and environmental compliance assistance program 1 33 required pursuant to the federal Clean Air Act Amendments of 1 34 1990, sections section 502 and 507, Pub. L. No. 101=549, and 1 35 as provided in section 455B.133A. 2 1 3. Notwithstanding section 8.33, any unexpended balance in 2 2 the fund at the end of each fiscal year shall be retained in 2 3 the fund. Notwithstanding section 12C.7, any interest and 2 4 earnings on investments from money in the fund shall be 2 5 credited to the fund. 2 6 Sec. 4. Section 455B.150, Code 2007, is amended to read as 2 7 follows: 2 8 455B.150 COMPLIANCE ADVISORY PANEL == CREATION. 2 9 A compliance advisory panel shall be is created, pursuant 2 10 to Title V, section 507(e) of the federal Clean Air Act 2 11 Amendments of 1990, to review and report on the effectiveness 2 12 of the small business technical assistance program required by 2 13 the federal Clean Air Act Amendments of 1990, Pub. L. No. 2 14 101=549 42 U.S.C. } 7661f. 2 15 1. Appointment to the compliance advisory panel shall be 2 16 as follows: 2 17 a. Two persons shall be appointed by the governor. 2 18 (1) Each person shall represent the general public and 2 19 have an interest in air quality issues. The person shall not 2 20 be an owner or represent an owner of a small business 2 21 stationary source. 2 22 (2) The person shall serve for a four=year term and may be 2 23 reappointed. A term of office shall begin and end as provided 2 24 in section 69.19. 2 25 (3) An appointment shall comply with sections 69.16 and 2 26 69.16A. In addition, the appointments shall be geographically 2 27 balanced. 2 28 b. Four persons appointed by the leadership of the general 2 29 assembly. 2 30 (1) The persons shall be appointed as follows: 2 31 (a) One person by the majority leader of the senate after 2 32 consultation with the president of the senate and the minority 2 33 leader, and one person by the minority leader of the senate 2 34 after consultation with the president of the senate and the 2 35 majority leader. 3 1 (b) Two persons appointed by the speaker of the house of 3 2 representatives after consultation with the majority leader 3 3 and minority leader. 3 4 (2) Each person shall be an owner of a small business 3 5 stationary source or shall represent an owner of a small 3 6 business stationary source. 3 7 (3) The person shall serve for a two=year term and may be 3 8 reappointed. 3 9 (4) A term shall expire upon the convening of the 3 10 following general assembly, or when the appointee's successor 3 11 is appointed, whichever occurs later. 3 12 c. The director or the director's designee who shall serve 3 13 for a term of four years. 3 14 2. A vacancy shall be filled for the unexpired term by the 3 15 original appointing authority in the manner of the original 3 16 appointment. 3 17 3. The members are entitled to receive a per diem as 3 18 specified in section 7E.6 for each day spent in performance of 3 19 duties as members, and shall be reimbursed for all actual and 3 20 necessary expenses incurred in the performance of duties as 3 21 members. Per diem and expenses shall be paid from moneys 3 22 deposited in the air contaminant source fund created pursuant 3 23 to section 455B.133B. 3 24 4. The compliance advisory panel shall elect a chairperson 3 25 and may elect a vice chairperson or other officers from among 3 26 its members as provided by its rules. The panel shall meet on 3 27 a regular basis, but at least once each six months, and at the 3 28 call of the chairperson or upon the written request to the 3 29 chairperson of three or more members. 3 30 5. The department shall staff the compliance advisory 3 31 panel and provide the panel with space to conduct its 3 32 meetings, clerical assistance, and necessary supplies and 3 33 equipment. 3 34 Sec. 5. NEW SECTION. 455B.151 COMPLIANCE ADVISORY PANEL 3 35 == POWERS AND DUTIES. 4 1 The compliance advisory panel created in section 455B.150 4 2 shall review and report on the effectiveness of the small 4 3 business stationary source technical and environmental 4 4 assistance program as provided in section 455B.133A. The 4 5 compliance advisory panel shall do all of the following: 4 6 1. Render advisory opinions concerning the effectiveness 4 7 of the small business stationary source technical and 4 8 environmental compliance assistance program, difficulties 4 9 encountered, and degree and severity of enforcement. 4 10 2. Make periodic reports to the administrator of the 4 11 federal environmental protection agency concerning the 4 12 compliance of the state small business stationary source 4 13 technical and environmental compliance assistance program with 4 14 the requirements of the federal Paperwork Reduction Act, 44 4 15 U.S.C. } 3501 et seq.; the federal Regulatory Flexibility Act, 4 16 5 U.S.C. } 601 et seq.; and the federal Equal Access to 4 17 Justice Act, 5 U.S.C. } 504. 4 18 3. Review information for small business stationary 4 19 sources to assure such information is understandable by the 4 20 layperson. 4 21 4. Have the small business stationary source technical and 4 22 environmental compliance assistance program serve as the 4 23 secretariat for the development and dissemination of such 4 24 reports and advisory opinions. 4 25 EXPLANATION 4 26 BACKGROUND. This bill amends provisions in Code chapter 4 27 455B that provide for implementation of provisions in the 4 28 federal Clean Air Act of 1990 by the department of natural 4 29 resources, which acts on behalf of the United States 4 30 environmental protection agency. Specifically, the bill 4 31 amends provisions relating to small business stationary 4 32 sources, including the following: (1) Code section 455B.133B 4 33 which provides for a small business stationary source 4 34 technical and environmental compliance assistance program, and 4 35 (2) Code section 455B.150 establishing a compliance advisory 5 1 panel to monitor the program and report on its effectiveness 5 2 to the environmental protection agency (EPA) administrator. 5 3 BILL'S PROVISIONS. The bill does all of the following: 5 4 1. Defines a small business stationary source to include a 5 5 business employing 100 or fewer persons which qualifies under 5 6 regulations by the federal small business administration, is 5 7 not a major source, and emits less than 75 tons of all 5 8 regulated air pollutants. 5 9 2. Moves language establishing a small business stationary 5 10 source technical and environmental compliance assistance 5 11 program to a separate Code section (currently the provisions 5 12 are included in the same Code section as a provision which 5 13 established an air contaminant source fund used to support the 5 14 program). 5 15 3. Provides for the composition of the compliance advisory 5 16 panel, including the appointment of its seven members by the 5 17 governor, the leadership of the general assembly, and the 5 18 department. The members are to represent the interests of the 5 19 public, industry, and department. The bill also provides 5 20 procedures for making the appointments, conducting panel 5 21 meetings, and paying or reimbursing members. 5 22 4. Provides for the powers and duties of the compliance 5 23 advisory panel, including by authorizing the panel to render 5 24 advisory opinions concerning the effectiveness of the program, 5 25 make reports to EPA's administrator concerning the state's 5 26 compliance with the program, review information concerning 5 27 small business stationary sources, and disseminate the panel's 5 28 reports and advisory opinions. 5 29 LSB 5352HV 82 5 30 da/nh/5.1
Text: HF2504            Text: HF2506