HOUSE FILE 180

BY  UPMEYER, ARNOLD, BALTIMORE, BRANDENBURG, BYRNES, CHAMBERS, DE BOEF, DEYOE, DOLECHECK, FRY, GARRETT, GRASSLEY, HAGENOW, HANUSA, HEIN, HELLAND, HORBACH, HUSEMAN, IVERSON, KAUFMANN, KLEIN, KOESTER, LOFGREN, LUKAN, MOORE, PAUSTIAN, PEARSON, PETTENGILL, RASMUSSEN, ROGERS, SANDS, SCHULTZ, SHAW, J. SMITH, SODERBERG, SWEENEY, J. TAYLOR, VAN ENGELENHOVEN, VANDER LINDEN, WAGNER, WINDSCHITL, WORTHAN, and QUIRK

A BILL FOR

An Act relating to the rulemaking authority and voting requirements of the environmental protection commission.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 455A.6, subsection 5, Code 2011, is amended by striking the subsection and inserting in lieu thereof the following:
   5.  Six members of the commission is a quorum, and a majority of the commission membership may act in any matter within the jurisdiction of the commission.
   Sec. 2.  Section 455A.6, subsection 6, paragraph a, Code 2011, is amended to read as follows:
   a.  Establish policy for the department and adopt rules, pursuant to chapter 17A, necessary to provide for the effective administration of chapter 455B, 455C, or 459. The commission shall have only that authority or discretion which is explicitly delegated to or conferred upon the commission by chapter 455B, 455C, or 459, and shall not expand or enlarge on that authority or discretion.
EXPLANATION
   Under current law five members of the environmental protection commission is a quorum, and a majority of a quorum may take action. This bill sets the quorum at six members and requires a majority of the commission membership (five votes) to take action.
   The bill also would limit the commission’s authority to implement the provisions of Code chapter 455B, 455C, or 459 to the authority that is explicitly set out in those chapters.