Bill Text: IA SF488 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to air quality, by providing for the establishment, imposition, and collection of fees, the creation or administration of funds and programs, making appropriations, and including effective date provisions. (Formerly SSB 1222 and SF 382.) Effective 5-15-15.
Spectrum: Committee Bill
Status: (Passed) 2015-05-15 - Signed by Governor. S.J. 1037. [SF488 Detail]
Download: Iowa-2015-SF488-Enrolled.html
Senate File 488 - Enrolled
SENATE FILE
BY COMMITTEE ON WAYS AND
MEANS
(SUCCESSOR TO SF 382)
(SUCCESSOR TO SSB
1222)
\5
A BILL FOR
\1
Senate File 488
AN ACT
RELATING TO AIR QUALITY, BY PROVIDING FOR THE ESTABLISHMENT,
IMPOSITION, AND COLLECTION OF FEES, THE CREATION OR
ADMINISTRATION OF FUNDS AND PROGRAMS, MAKING APPROPRIATIONS,
AND INCLUDING EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 455B.133, subsection 8, paragraph a,
Code 2015, is amended to read as follows:
a. (1) Adopt rules consistent with the federal Clean
Air Act Amendments of 1990, Pub. L. No. 101=549, including
those amendments effective on January 1, 1991, regulations
promulgated by the United States environmental protection
agency pursuant to that Act, the provisions of this chapter,
and rules adopted by the commission pursuant to this chapter,
which require the owner or operator of an air contaminant
source to obtain an operating permit prior to operation of the
source. The rules shall specify the information required to be
submitted with the application for a an operating permit and
the conditions under which a permit may be granted, modified,
suspended, terminated, revoked, reissued, or denied. For
sources subject to the provisions of Tit. IV of the federal
Clean Air Act Amendments of 1990, operating permit conditions
shall include emission allowances for sulfur dioxide emissions.
(2) (a) The commission may impose establish fees to be
imposed and collected by the department, including operating
permit application fees and fees upon regulated pollutants
emitted from an air contaminant source, in an amount sufficient
to cover, on a state fiscal year basis as described in section
455B.133B, all reasonable costs, direct and indirect, required
to develop implement and administer the operating permit
program as described in subparagraph (1) in conformance with
the federal Clean Air Act Amendments of 1990, Pub. L. No.
101=549. Affected units regulated under Tit. IV of the federal
Clean Air Act Amendments of 1990, Pub. L. No. 101=549, shall
pay operating permit fees in the same manner as other sources
subject to operating permit requirements, except as provided in
section 408 of the federal that Act.
(b) The fees collected by the department pursuant to this
subsection subparagraph division (a) shall be deposited in
credited to the appropriate accounts of the air contaminant
source fund created pursuant to section 455B.133B, and shall
be utilized solely to cover all reasonable costs required to
develop implement and administer the programs required by Tit.
V of the federal Clean Air Act Amendments of 1990, Pub. L.
No. 101=549, including the operating permit program pursuant
to section 502 of the federal that Act and the small business
stationary source technical and environmental assistance
program pursuant to section 507 of the federal that Act. The
amount of the fees credited to and expended from each account
of the air contaminant source fund shall be subject to the
limitations provided in section 455B.133B.
(c) Fees established pursuant to this subparagraph
(2) shall not be imposed for the regulation of an activity
that exceeds the requirements of the federal Clean Air Act
Amendments of 1990.
Sec. 2. Section 455B.133B, Code 2015, is amended to read as
follows:
455B.133B Air contaminant source fund created ==== fees and
appropriations.
1. As used in this section, unless the context otherwise
requires:
a. "Federal Clean Air Act Amendments of 1990" means Pub.
L. No. 101=549, including those amendments effective on
January 1, 1991, regulations promulgated by the United States
environmental protection agency pursuant to that Act, the
provisions of this chapter, and rules adopted by the commission
pursuant to this chapter.
b. "State fiscal year" means the fiscal year described in
section 3.12.
2. An air contaminant source fund is created in the office
of the treasurer of state under the control of the department.
The fund shall be composed of an air emission fee account and
an operating permit application fee account as provided in this
section.
1. Moneys received from the fees assessed pursuant to
section 455B.133, subsection 8, shall be deposited in the fund.
2. Moneys in the fund shall be used solely to defray
the costs related to the permit, monitoring, and inspection
program, including the small business stationary source
technical and environmental compliance assistance program
required pursuant to the federal Clean Air Act Amendments of
1990, section 502, Pub. L. No. 101=549, and as provided in
section 455B.133A.
3. In establishing fees to be imposed and collected by the
department pursuant to section 455B.133, subsection 8, the
commission shall use the calculated estimate described in this
section. The fees collected pursuant to section 455B.133,
subsection 8, shall be credited to the fund. The fund may
include any other moneys appropriated by the general assembly
or otherwise available to and obtained or accepted by the
department for deposit in the fund.
4. a. The commission shall establish each fee amount based
on the department's calculated estimate of total revenues from
all fees predicted to be credited to each account in the fund,
but not to exceed a ceiling amount for each account as provided
in this section. However, this subsection does not require
that an account have a zero ending balance at the close of a
state fiscal year.
b. Each state fiscal year the department shall recompute its
calculated estimate and obtain approval from the commission if
an established fee amount must be adjusted.
c. (1) The department shall annually convene a Title V fees
stakeholder meeting. The department shall provide a report on
the fees and budgets to the stakeholders. The department shall
consider any recommendations of the stakeholders when computing
its calculated estimate for the following state fiscal year.
(2) A person invited to attend a stakeholder meeting is not
entitled to receive a per diem as specified in section 7E.6 and
shall be not reimbursed for expenses incurred while attending
the meeting.
5. a. The air emission fee account shall include all fees
established by the commission to be imposed and collected by
the department for emission fees for regulated pollutants
submitted by major sources as defined in section 502 of the
federal Clean Air Act Amendments of 1990, 42 U.S.C. {7661, and
as defined in 567 IAC ch. 22.
b. (1) The department's calculated estimate for the
air emission fee account shall be computed to produce total
revenues sufficient to pay for reasonable direct and indirect
costs of implementing and administering the operating permit
program as provided in section 455B.133, subsection 8, on a
state fiscal year basis.
(2) The reasonable direct and indirect costs described in
subparagraph (1) shall be limited to all of the following:
(a) General administrative costs of administering the
operating permit program, including the supporting and tracking
of operating permit applications, compliance certification, and
related data entry.
(b) Costs of implementing and enforcing the terms of an
operating permit, not including any court costs or other costs
associated with an enforcement action, including adequate
resources to determine which sources are subject to the
program.
(c) Costs of emissions and ambient site=specific monitors.
(d) Costs of Title V source=specific modeling, analyses, or
demonstrations.
(e) Costs of preparing inventories and tracking emissions.
(f) Costs of providing direct support to sources under the
small business stationary source technical and environmental
compliance assistance program as provided in section 455B.133A.
(3) The department shall not include in its computations for
a calculated estimate, and the commission shall not establish
fees, for greenhouse gas emissions as defined in 40 C.F.R.
{70.12.
c. The department's calculated estimate for the air emission
fee account shall not produce total revenues in excess of eight
million two hundred fifty thousand dollars during any state
fiscal year.
d. (1) Moneys in the air emission fee account are
appropriated to the department to pay for the reasonable direct
and indirect costs specified in paragraph "b", subparagraph
(2).
(2) Notwithstanding subparagraph (1), moneys in the air
emission fee account are also appropriated to the department to
pay for costs associated with implementing and administering
regulatory activities, including programs, provided for in
division II of this chapter, other than costs covered by any
of the following:
(a) Operating permit application fees credited to the
operating permit application fee account as provided in
subsection 6.
(b) New source review application fees credited to the major
source account of the air quality fund as provided in section
455B.133C, subsection 5.
(c) New source review application fees credited to the minor
source account of the air quality fund as provided in section
455B.133C, subsection 6.
(d) Notification fees credited to the asbestos account
of the air quality fund as provided in section 455B.133C,
subsection 7.
6. a. The operating permit application fee account shall
include all fees established by the commission to be imposed
and collected by the department for accepting applications for
operating permits submitted by major sources as defined in
section 502 of the federal Clean Air Act Amendments of 1990, 42
U.S.C. {7661, and as defined in 567 IAC ch. 22.
b. (1) The department's calculated estimate for the
operating permit application fee account shall be computed to
produce total revenues sufficient to provide for the reasonable
direct and indirect costs of implementing and administering
operating permit programs described in paragraph "a".
(2) The reasonable direct and indirect costs described in
subparagraph (1) shall be limited to all of the following:
(a) Costs of reviewing and acting on any application for an
operating permit or operating permit revision.
(b) General administrative costs of administering the
operating permit program, including the supporting and tracking
of operating permit applications and related data entry.
c. The department's calculated estimate for the operating
permit application fee account shall not produce total revenues
in excess of one million two hundred fifty thousand dollars
during any state fiscal year.
d. Moneys in the operating permit application fee account
are appropriated to the department to pay for reasonable direct
and indirect costs specified in paragraph "b", subparagraph
(2).
7. a. The commission or department shall not transfer
moneys credited from one account to another account of the
fund.
b. Notwithstanding section 8.33, any unexpended balance in
the an account of the fund at the end of each state fiscal year
shall be retained in the fund that account.
c. Notwithstanding section 12C.7, any interest and earnings
on investments from money moneys in the fund an account of the
fund shall be credited to the fund that account.
Sec. 3. NEW SECTION. 455B.133C Air quality fund ==== fees and
appropriations.
1. As used in this section, unless the context otherwise
requires:
a. "Federal Clean Air Act Amendments of 1990" means the same
as defined in section 455B.133B.
b. "State fiscal year" means the fiscal year described in
section 3.12.
2. An air quality fund is created in the office of the
treasurer of state under the control of the department. The
fund shall be composed of a major source account, a minor
source account, and an asbestos account as provided in this
section.
3. The commission may establish fees to be imposed and
collected by the department upon air contaminant sources
required by 567 IAC ch. 22, 31, or 33, to obtain a permit,
registration, template, or permit by rule, or to provide
notification under 567 IAC 23.1(3). In establishing the fees,
the commission shall use the calculated estimate described in
this section. The fees collected shall be credited to the
fund. The fund may include any other moneys appropriated by
the general assembly or otherwise available to and obtained or
accepted by the department for deposit in the fund.
4. a. The commission shall establish each fee amount based
on the department's calculated estimate of total revenues from
all fees predicted to be credited to each account in the fund,
but not to exceed a ceiling amount for each account as provided
in this section. However, this subsection does not require
that an account have a zero ending balance at the close of a
state fiscal year.
b. Each state fiscal year the department shall recompute its
calculated estimate and obtain approval from the commission if
an established fee amount must be adjusted.
c. (1) The department shall annually convene air quality
fees stakeholder meetings. The department shall provide a
report on the fees and budgets to the stakeholders regarding
each account described in this section. The department shall
consider any recommendations of the stakeholders when computing
its calculated estimate for the following state fiscal year.
(2) A person invited to attend a stakeholder meeting is not
entitled to receive a per diem as specified in section 7E.6 and
shall be not reimbursed for expenses incurred while attending
the meeting.
5. a. The major source account shall include all fees
established by the commission to be imposed and collected
by the department for accepting applications for new source
review permits including permit revisions submitted by major
sources as defined in section 502 of the federal Clean Air Act
Amendments of 1990, 42 U.S.C. {7661, under new source review
programs pursuant to that federal Act, including as provided
under 567 IAC ch. 22, 31, and 33.
b. (1) The department's calculated estimate for the major
source account shall be computed to produce total revenues
sufficient to pay for reasonable direct and indirect costs
of implementing and administering new source review programs
described in paragraph "a" on a state fiscal year basis.
(2) The reasonable direct and indirect costs described in
subparagraph (1) shall be limited to all of the following:
(a) Reviewing and acting on any application for a new
source review permit, including the determination of all
applicable requirements and dispersion modeling as part of the
processing of a permit or permit revision, or an applicability
determination.
(b) General administrative costs of administering new
source review programs including supporting and tracking of any
application for a new source review permit and related data
entry.
(c) (i) Developing and implementing an expedited new source
review permit application process.
(ii) Additional fees associated with subparagraph
subdivision (i).
c. (1) The department's calculated estimate for the major
source account shall not produce total revenues in excess of
one million five hundred thousand dollars during any state
fiscal year.
(2) Notwithstanding subparagraph (1), the department's
calculated estimate for the major source account shall not
include the additional fees described in paragraph "b",
subparagraph (2), subparagraph division (c), subparagraph
subdivision (ii).
d. Moneys in the major source account are appropriated to
the department to pay for reasonable direct and indirect costs
of implementing and administering new source review programs as
specified in paragraph "b", subparagraph (2).
6. a. The minor source account shall include all fees
established by the commission to be imposed and collected
by the department for accepting applications submitted by
minor air contaminant sources for construction permits or for
providing for registrations, permits by rule, or template
permits in lieu of obtaining construction permits, under minor
source new source review programs pursuant to the federal Clean
Air Act Amendments of 1990, including as provided under 567 IAC
ch. 22.
b. (1) The department's calculated estimate for the minor
source account shall be computed to produce total revenues
sufficient to pay for reasonable direct and indirect costs of
implementing and administering minor source new source review
programs as described in paragraph "a" on a state fiscal year
basis.
(2) The reasonable direct and indirect costs described in
subparagraph (1) shall include costs associated with a new,
modified, or existing minor air contaminant source, and related
control equipment.
c. The department's calculated estimate for the minor source
account shall not produce total revenues in excess of two
hundred fifty thousand dollars during any state fiscal year.
d. Moneys in the minor source account are appropriated
to the department to pay for reasonable direct and indirect
costs of implementing and administering minor source new source
review programs as specified in paragraph "b".
7. a. The asbestos account shall include all fees
established by the commission to be imposed and collected by
the department for accepting notifications involving demolition
or renovation projects under the asbestos national emission
standard for hazardous air pollutants program pursuant to 567
IAC ch. 23.
b. The department's calculated estimate for the asbestos
account shall be computed to produce total revenues sufficient
to pay for reasonable direct and indirect costs of implementing
and administering the asbestos national emission standard for
hazardous air pollutants program as provided in paragraph "a"
on a state fiscal year basis.
c. The department's calculated estimate for the asbestos
account shall not produce total revenues in excess of four
hundred fifty thousand dollars during any state fiscal year.
d. Moneys in the asbestos account are appropriated to the
department to pay for reasonable direct and indirect costs of
implementing and administering the asbestos national emission
standard for hazardous air pollutants program as specified in
paragraph "b".
8. Fees established pursuant to this section shall not be
imposed for the regulation of an activity that exceeds the
requirements of the federal Clean Air Act Amendments of 1990.
9. a. The commission or department shall not transfer
moneys credited from one account to another account of the
fund.
b. Notwithstanding section 8.33, any unexpended balance in
an account of the fund at the end of each state fiscal year
shall be retained in that account.
c. Notwithstanding section 12C.7, any interest and earnings
on investments from moneys in an account of the fund shall be
credited to that account.
Sec. 4. EFFECTIVE DATE OF FEES. Notwithstanding section
455B.133B, as amended in this Act, or section 455B.133C, as
enacted in this Act, the environmental protection commission
may establish a designated fee effective on and after January
1, 2016. A designated fee is limited to a fee required under
this Act to be credited to any of the following funds or
accounts:
1. For the air contaminant source fund, the operating permit
application fee account as provided in section 455B.133B,
subsection 6, as enacted in this Act.
2. For the air quality fund, any of the following:
a. The major source account as provided in section
455B.133C, subsection 5, as enacted in this Act.
b. The minor source account as provided in section
455B.133C, subsection 6, as enacted in this Act.
c. The asbestos account as provided in section 455B.133C,
subsection 7, as enacted in this Act.
Sec. 5. CONTINUING EFFECTIVENESS OF EXISTING FEES. Any
fee established by the environmental protection commission
pursuant to section 455B.133, subsection 8, which is in effect
immediately prior to the effective date of this Act shall
remain in effect and shall be subject to the provisions of this
Act. The fee amount for such a fee in effect immediately prior
to the effective date of this Act shall remain in effect until
such fee amount is adjusted by the commission as provided in
this Act.
Sec. 6. TRANSFER OF MONEYS. Any moneys remaining in the
air contaminant source fund, as created in section 455B.133B,
on the effective date of this Act, shall be transferred to the
air emission fee account established within the air contaminant
source fund as provided in this Act.
Sec. 7. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
immediate importance, takes effect upon enactment.
PAM JOCHUM
President of the Senate
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 488, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2015
TERRY E. BRANSTAD
Governor
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