Bill Text: IA HF500 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to rulemaking authority of the department of natural resources and including effective date and applicability provisions. (Formerly HSB 48) (See Cmte. Bill HF 661)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF500 Detail]
Download: Iowa-2011-HF500-Introduced.html
House
File
500
-
Introduced
HOUSE
FILE
500
BY
COMMITTEE
ON
ENVIRONMENTAL
PROTECTION
(SUCCESSOR
TO
HSB
48)
A
BILL
FOR
An
Act
relating
to
rulemaking
authority
of
the
department
1
of
natural
resources
and
including
effective
date
and
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
455A.4,
subsection
1,
unnumbered
1
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
2
Except
as
otherwise
provided
by
law
and
subject
to
3
rules
adopted
by
the
natural
resource
commission
and
the
4
environmental
protection
commission
,
the
director
shall:
5
Sec.
2.
Section
455A.4,
subsection
1,
paragraph
i,
Code
6
2011,
is
amended
to
read
as
follows:
7
i.
Adopt
rules
in
accordance
with
chapter
17A
as
necessary
8
or
desirable
for
the
organization
or
reorganization
of
the
9
department
to
provide
for
the
administration
of
chapter
321G,
10
321I,
455B,
455C,
456A,
456B,
457A,
459,
459A,
459B,
461A,
11
462A,
462B,
464A,
465C,
481A,
481B,
483A,
484A,
or
484B.
12
Rulemaking
authority
held
by
the
natural
resource
commission
13
or
the
environmental
protection
commission
is
vested
in
the
14
director
upon
the
effective
date
of
this
Act.
Rules
adopted
by
15
the
natural
resource
commission
or
the
environmental
protection
16
commission
prior
to
the
effective
date
of
this
Act,
shall
17
remain
effective
until
modified
or
rescinded
by
action
of
the
18
director
in
accordance
with
the
provisions
of
chapter
17A
.
19
Sec.
3.
Section
455A.5,
subsection
6,
paragraph
a,
Code
20
2011,
is
amended
to
read
as
follows:
21
a.
Establish
Recommend
policy
and
adopt
rules,
pursuant
22
to
chapter
17A
,
necessary
to
provide
for
the
effective
23
administration
of
chapter
321G
,
321I
,
456A
,
456B
,
457A
,
461A
,
24
462A
,
462B
,
464A
,
465C
,
481A
,
481B
,
483A
,
484A
,
or
484B
.
25
Sec.
4.
Section
455A.5,
subsection
6,
paragraph
e,
Code
26
2011,
is
amended
by
striking
the
paragraph.
27
Sec.
5.
NEW
SECTION
.
455A.5A
Schedule
of
fees
——
rules.
28
1.
The
director
shall
adopt,
by
rule,
a
schedule
of
fees
for
29
permits
issued
by
the
natural
resource
commission,
including
30
conditional
permits,
and
a
schedule
of
fees
for
administration
31
of
the
permits.
The
fees
shall
be
collected
by
the
department
32
and
used
to
offset
costs
incurred
in
administrating
a
program
33
for
which
the
issuance
of
the
permit
is
made
or
under
which
34
enforcement
is
carried
out.
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2.
In
determining
the
fee
schedule,
the
director
shall
1
consider
all
of
the
following:
2
a.
The
reasonable
costs
associated
with
reviewing
3
applications,
issuing
permits,
and
monitoring
compliance
with
4
the
terms
of
issued
permits.
5
b.
The
relative
benefits
to
the
applicant
and
to
the
public
6
of
a
permit
review,
permit
issuance,
and
monitoring
compliance
7
with
the
terms
of
the
permit.
8
c.
The
typical
costs
associated
with
a
type
of
project
or
9
activity
for
which
a
permit
is
required.
10
3.
However,
a
fee
shall
not
exceed
the
actual
costs
incurred
11
by
the
department.
12
Sec.
6.
Section
455A.6,
subsection
6,
paragraph
a,
Code
13
2011,
is
amended
to
read
as
follows:
14
a.
Establish
Recommend
policy
for
the
department
and
adopt
15
rules,
pursuant
to
chapter
17A
,
necessary
to
provide
for
the
16
effective
administration
of
chapter
455B
,
455C
,
or
459
.
17
Sec.
7.
Section
455B.103,
subsection
1,
Code
2011,
is
18
amended
by
striking
the
subsection
and
inserting
in
lieu
19
thereof
the
following:
20
1.
Adopt,
modify,
or
repeal
rules
pursuant
to
chapter
17A.
21
The
director
shall
have
only
the
authority
and
discretion
that
22
is
expressly
delegated
or
granted
by
this
chapter,
chapter
23
455C,
chapter
459,
chapter
459A,
and
chapter
459B
and
shall
not
24
exercise
such
authority
and
discretion
except
to
the
extent
25
necessary
to
implement
this
chapter,
chapter
455C,
chapter
459,
26
chapter
459A,
and
chapter
459B.
Any
rulemaking
authority
held
27
by
the
commission
is
vested
in
the
director
upon
the
effective
28
date
of
this
Act.
Rules
adopted
by
the
commission
prior
to
29
the
effective
date
of
this
Act
shall
remain
in
effect
until
30
modified
or
rescinded
by
action
of
the
director
in
accordance
31
with
the
provisions
of
chapter
17A.
32
a.
The
director
shall
include
in
the
preamble
of
a
rule
a
33
statement
referencing
the
authority
delegated
to
the
director
34
pursuant
to
which
the
rule
is
adopted.
The
preamble
for
the
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rule
shall
indicate
when
the
director
is
implementing
a
federal
1
rule
by
reference
and
include
a
financial
impact
statement
2
detailing
the
general
impact
of
the
rule
upon
the
regulated
3
parties.
4
b.
When
proposing
or
adopting
rules
to
implement
a
specific
5
federal
environmental
program,
the
director
shall
not
impose
6
requirements
more
restrictive
than
the
requirements
of
the
7
federal
program
being
implemented.
8
c.
When
proposing
or
adopting
rules,
the
director
shall
9
include
departmental
policy
relating
to
the
disclosure
of
10
information
concerning
a
violation
or
alleged
violation
11
of
the
rules,
standards,
permits,
or
orders
issued
by
the
12
department
and
the
confidentiality
of
information
obtained
by
13
the
department
in
the
administration
and
enforcement
of
this
14
chapter,
chapter
455C,
chapter
459,
chapter
459A,
and
chapter
15
459B.
16
Sec.
8.
Section
455B.103,
subsection
2,
Code
2011,
is
17
amended
by
striking
the
subsection.
18
Sec.
9.
Section
455B.105,
subsections
3
and
11,
Code
2011,
19
are
amended
by
striking
the
subsections.
20
Sec.
10.
NEW
SECTION
.
455B.106
Schedule
of
fees
——
rules.
21
1.
The
director
shall
adopt,
by
rule,
procedures
and
forms
22
necessary
to
implement
the
provisions
of
this
chapter
and
23
chapters
459,
459A,
and
459B
relating
to
permits,
conditional
24
permits,
and
general
permits.
25
2.
The
director
may
also
adopt,
by
rule,
a
schedule
of
fees
26
for
permit
and
conditional
permit
applications
and
a
schedule
27
of
fees
which
may
be
periodically
assessed
for
administration
28
of
permits
and
conditional
permits.
In
determining
the
fee
29
schedules,
the
director
shall
consider:
30
a.
The
state’s
reasonable
cost
of
reviewing
applications,
31
issuing
permits
and
conditional
permits,
and
checking
32
compliance
with
the
terms
of
the
permits.
33
b.
The
relative
benefits
to
the
applicant
and
to
the
34
public
of
permit
and
conditional
permit
review,
issuance,
and
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monitoring
compliance.
It
is
the
intention
of
the
general
1
assembly
that
permit
fees
shall
not
cover
any
costs
connected
2
with
correcting
violation
of
the
terms
of
any
permit
and
shall
3
not
impose
unreasonable
costs
on
any
municipality.
4
c.
The
typical
costs
of
the
particular
types
of
projects
5
or
activities
for
which
permits
or
conditional
permits
are
6
required,
provided
that
in
no
circumstances
shall
fees
be
in
7
excess
of
the
actual
costs
to
the
department.
8
3.
Except
as
otherwise
provided
in
this
chapter
and
chapter
9
459,
fees
collected
by
the
department
under
this
section
shall
10
be
remitted
to
the
treasurer
of
state
and
credited
to
the
11
general
fund
of
the
state.
12
4.
The
director
shall
adopt
rules
for
applications
or
13
permits
related
to
the
national
pollutant
discharge
elimination
14
system
(NPDES)
coverage
as
described
in
section
455B.197,
15
including
fees,
only
to
the
extent
that
the
rules
are
16
consistent
with
that
section.
17
Sec.
11.
Section
455B.183A,
subsection
2,
Code
2011,
is
18
amended
to
read
as
follows:
19
2.
The
commission
director
shall
adopt
fees
as
required
20
pursuant
to
section
455B.105
455B.106
for
permits
required
for
21
public
water
supply
systems
as
provided
in
sections
455B.174
22
and
455B.183
.
Fees
paid
pursuant
to
this
section
shall
not
be
23
subject
to
the
sales
or
services
tax.
The
fees
shall
be
for
24
each
of
the
following:
25
a.
The
construction,
installation,
or
modification
of
a
26
public
water
supply
system.
The
amount
of
the
fees
may
be
27
based
on
the
type
of
system
being
constructed,
installed,
or
28
modified.
29
b.
The
operation
of
a
public
water
supply
system,
including
30
any
part
of
the
system.
The
commission
director
shall
adopt
31
a
fee
schedule
which
shall
be
based
on
the
total
number
of
32
persons
served
by
public
water
supply
systems
in
this
state.
33
However,
a
public
water
supply
system
shall
be
assessed
a
fee
34
of
at
least
twenty-five
dollars.
A
public
water
supply
system
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not
owned
or
operated
by
a
community
and
serving
a
transient
1
population
shall
be
assessed
a
fee
of
twenty-five
dollars.
The
2
commission
director
shall
calculate
all
fees
in
the
schedule
to
3
produce
total
revenues
equaling
three
hundred
fifty
thousand
4
dollars
for
each
fiscal
year,
commencing
with
the
fiscal
year
5
beginning
July
1,
1995,
and
ending
June
30,
1996.
For
each
6
fiscal
year,
the
fees
shall
be
deposited
into
the
public
water
7
supply
system
account.
By
May
1
of
each
year,
the
department
8
shall
estimate
the
total
revenue
expected
to
be
collected
from
9
the
overpayment
of
fees,
which
are
all
fees
in
excess
of
the
10
amount
of
the
total
revenues
which
are
expected
to
be
collected
11
under
the
current
fee
schedule,
and
the
total
revenue
expected
12
to
be
collected
from
the
payment
of
fees
during
the
next
fiscal
13
year.
The
commission
director
shall
adjust
the
fees
if
the
14
estimate
exceeds
the
amount
of
revenue
required
to
be
deposited
15
in
the
account
pursuant
to
this
paragraph.
16
Sec.
12.
Section
455B.310,
subsection
5,
Code
2011,
is
17
amended
to
read
as
follows:
18
5.
Solid
waste
disposal
facilities
with
special
provisions
19
which
limit
the
site
to
disposal
of
construction
and
demolition
20
waste,
landscape
waste,
coal
combustion
waste,
cement
kiln
21
dust,
foundry
sand,
and
solid
waste
materials
approved
by
the
22
department
for
lining
or
capping,
or
for
construction
berms,
23
dikes,
or
roads
in
a
sanitary
disposal
project
or
sanitary
24
landfill
are
exempt
from
the
tonnage
fees
imposed
under
this
25
section
.
However,
solid
waste
disposal
facilities
under
26
this
subsection
are
subject
to
the
fees
imposed
pursuant
to
27
section
455B.105,
subsection
11
,
paragraph
“a”
455B.106
.
28
Notwithstanding
the
provisions
of
section
455B.105,
subsection
29
11
,
paragraph
“b”
455B.106
,
the
fees
collected
pursuant
to
this
30
subsection
shall
be
deposited
in
the
solid
waste
account
as
31
established
in
section
455E.11,
subsection
2
,
paragraph
“a”
,
32
to
be
used
by
the
department
for
the
regulation
of
these
solid
33
waste
disposal
facilities.
34
Sec.
13.
Section
459B.104,
subsections
1
and
2,
Code
2011,
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are
amended
to
read
as
follows:
1
1.
The
environmental
protection
commission
director
of
the
2
department
shall
establish
by
rule
adopted
pursuant
to
chapter
3
17A
,
requirements
relating
to
the
construction,
including
4
expansion,
or
operation
of
dry
bedded
confinement
feeding
5
operations,
including
related
dry
bedded
manure
confinement
6
feeding
operation
buildings
and
stockpiles.
7
2.
Any
provision
referring
generally
to
compliance
with
8
the
requirements
of
this
chapter
as
applied
to
dry
bedded
9
confinement
feeding
operations
also
includes
compliance
with
10
requirements
in
rules
adopted
by
the
environmental
protection
11
commission
director
of
the
department
pursuant
to
this
section
,
12
orders
issued
by
the
department
as
authorized
under
this
13
chapter
,
and
the
terms
and
conditions
applicable
to
manure
14
management
plans
required
under
this
chapter
.
15
Sec.
14.
INTENT.
It
is
the
intent
of
the
general
assembly
16
that
upon
the
effective
date
of
this
Act,
the
director
of
17
the
department
of
natural
resources
shall
have
the
powers
18
and
duties
and
shall
assume
the
sole
responsibility
for
19
proposing
and
adopting
rules
as
necessary
for
the
effective
20
administration
of
the
duties
of
the
department
of
natural
21
resources.
All
references
in
statute
or
rules
to
the
22
rulemaking
authority
of
the
natural
resource
commission
or
23
the
environmental
protection
commission
of
the
department
of
24
natural
resources
shall
upon
the
effective
date
of
this
Act
be
25
construed
to
refer
only
to
the
director
of
the
department
of
26
natural
resources.
27
Sec.
15.
APPLICABILITY.
This
Act
applies
to
all
rules
28
noticed
or
adopted
after
the
effective
date
of
this
Act.
If
a
29
rule
with
an
effective
date
prior
to
the
effective
date
of
this
30
Act
is
amended
after
the
effective
date
of
this
Act,
then
the
31
provisions
of
this
Act
are
applicable
to
the
entire
rule
being
32
amended
and
not
only
to
the
precise
portion
of
the
rules
that
33
is
being
amended.
For
purposes
of
applying
the
provisions
of
34
this
Act,
the
effective
date
of
the
amendment
to
a
rule
shall
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be
the
new
effective
date
of
the
rule
as
a
whole.
1
Sec.
16.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
2
of
immediate
importance,
takes
effect
upon
enactment.
3
EXPLANATION
4
This
bill
relates
to
rulemaking
authority
of
the
department
5
of
natural
resources.
6
Currently,
the
environmental
protection
commission
and
the
7
natural
resources
commission
both
have
rulemaking
authority
8
for
Code
chapters
administered
by
the
department
of
natural
9
resources.
The
bill
transfers
the
rulemaking
authority
for
10
both
commissions
to
the
director
of
the
department
of
natural
11
resources.
The
bill
makes
conforming
amendments.
12
The
bill
takes
effect
upon
enactment
and
applies
to
rules
13
noticed
or
adopted
after
the
date
of
enactment.
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