Text: HF00308 Text: HF00310 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 309
1 2
1 3 AN ACT
1 4 RELATING TO REVIEW AND OVERSIGHT OF ACTIONS OF THE OZONE
1 5 TRANSPORT ASSESSMENT GROUP.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. FINDINGS. The general assembly finds and
1 10 declares all of the following:
1 11 1. The federal Clean Air Act, 42 U.S.C. } 7401 et seq., as
1 12 amended by the federal Clean Air Act Amendments of 1990, Pub.
1 13 L. No. 101-549, contains a comprehensive regulatory scheme for
1 14 the control of emissions from mobile and stationary sources.
1 15 2. Ozone and other air pollutants have declined
1 16 substantially during the past twenty-five years throughout the
1 17 United States due to the implementation of the federal Clean
1 18 Air Act, and additional air quality improvements will result
1 19 as the federal Clean Air Act Amendments of 1990 are
1 20 implemented.
1 21 3. The northeast ozone transport commission, established
1 22 in 42 U.S.C. } 7511c, in an effort to remedy the serious ozone
1 23 nonattainment conditions prevailing in urbanized areas of the
1 24 northeastern United States, has proposed emission control
1 25 requirements for stationary and mobile sources more stringent
1 26 than those applicable to states outside of the northeast ozone
1 27 transport region, including a petition to the United States
1 28 environmental protection agency concerning low-emitting
1 29 vehicle emission control requirements and a memorandum of
1 30 understanding concerning stationary source emission control
1 31 requirements.
1 32 4. The northeast ozone transport commission's initiatives,
1 33 together with other local emission control actions, will help
1 34 northeastern states to attain the national ambient air quality
1 35 standard for ozone established by the United States
2 1 environmental protection agency.
2 2 5. In response to concerns raised by certain northeastern
2 3 states about the interstate transport of ozone, the United
2 4 States environmental protection agency has convened the ozone
2 5 transport assessment group, involving representatives from the
2 6 original twelve northeastern states in the ozone transport
2 7 region and representatives from twenty-five states to the west
2 8 and south of the northeast ozone transport region, including
2 9 Iowa, to consider means to reduce the atmospheric transport of
2 10 ozone.
2 11 6. The ozone transport assessment group will develop
2 12 recommendations in 1997 for emission control actions in states
2 13 outside of the northeast ozone transport region that may form
2 14 the basis for United States environmental protection agency
2 15 enforcement actions under the federal Clean Air Act, including
2 16 the preparation and submission of state implementation plans
2 17 calling for control actions in Iowa not specifically mandated
2 18 by the federal Clean Air Act Amendments of 1990.
2 19 7. Computer modeling studies prepared by the ozone
2 20 transport assessment group indicate all of the following:
2 21 a. Ozone nonattainment is caused predominantly by local
2 22 emission sources in densely populated urbanized areas.
2 23 b. Emissions originating in Iowa do not contribute
2 24 significantly to the nonattainment of ozone standards in other
2 25 states or regions.
2 26 8. Emission controls for stationary and mobile sources
2 27 under consideration by the ozone transport assessment group
2 28 for states outside the northeast ozone transport region are
2 29 more stringent and more costly than those mandated by the
2 30 federal Clean Air Act Amendments of 1990, and could impair the
2 31 competitiveness of businesses and industries in Iowa with
2 32 negligible environmental benefits and with adverse effects on
2 33 employment and income in Iowa.
2 34 9. The emission control requirements under consideration
2 35 by the ozone transport assessment group could impede economic
3 1 development, to the detriment of the well-being of the
3 2 citizens of Iowa and its economy.
3 3 10. Legislative oversight of proposed actions of the ozone
3 4 transport assessment group, and related actions of the United
3 5 States environmental protection agency directly or indirectly
3 6 affecting the citizens and economy of Iowa, is in the public
3 7 interest.
3 8 Sec. 2. OZONE TRANSPORT ASSESSMENT GROUP DECISION MAKING.
3 9 1. The director of the department of natural resources
3 10 shall provide periodic reports on progress in the ozone
3 11 transport assessment group decision-making process to the
3 12 senate standing committee on natural resources and environment
3 13 and the house of representatives standing committee on
3 14 environmental protection if the general assembly is in
3 15 session, and to the legislative council if the general
3 16 assembly is not in session. The director shall also submit
3 17 any ozone transport assessment group decisions or
3 18 recommendations, together with an explanation thereof, as
3 19 expeditiously as is practicable to the senate standing
3 20 committee on natural resources and environment and the house
3 21 of representatives standing committee on environmental
3 22 protection for review if the general assembly is in session,
3 23 and to the legislative council if the general assembly is not
3 24 in session.
3 25 2. If the general assembly is in session, within a
3 26 reasonable amount of time following receipt of the ozone
3 27 transport assessment group decisions or recommendations, the
3 28 senate standing committee on natural resources and environment
3 29 and the house of representatives standing committee on
3 30 environmental protection may convene public hearings to
3 31 receive comments from agencies of government and other
3 32 interested parties on the prospective impact of the decisions
3 33 or recommendations on this state's economy and the
3 34 environment, including the impact on energy use, environment,
3 35 economic development, utility costs and rates, transportation
4 1 fuel costs, and industrial competitiveness. If the general
4 2 assembly is not in session, the legislative council may
4 3 convene public hearings for the same purposes.
4 4 Sec. 3. STATE IMPLEMENTATION PLAN.
4 5 1. Upon publication by the United States environmental
4 6 protection agency of a notice of proposed rulemaking to
4 7 require states to submit state implementation plan revisions
4 8 or upon the issuance of a request by the United States
4 9 environmental protection agency for submission of a state
4 10 implementation plan for Iowa related to ozone attainment, the
4 11 director of the department of natural resources shall notify
4 12 the senate standing committee on natural resources and
4 13 environment, the house of representatives standing committee
4 14 on environmental protection, and the administrative rules
4 15 review committee of the request or notice if the general
4 16 assembly is in session. If the general assembly is not in
4 17 session, the director shall notify the legislative council and
4 18 the administrative rules review committee. The director shall
4 19 also provide the committees or the legislative council and the
4 20 administrative rules review committee with copies of any state
4 21 implementation plan prepared by the department pursuant to
4 22 such a request or notice not less than sixty days prior to the
4 23 submission of the state implementation plan to the United
4 24 States environmental protection agency.
4 25 2. Within a reasonable amount of time following receipt of
4 26 the state implementation plan, if the general assembly is in
4 27 session, the senate standing committee on natural resources
4 28 and environment and the house of representatives standing
4 29 committee on environmental protection shall convene public
4 30 hearings to receive comments from agencies of government and
4 31 other interested parties on the prospective impact of the
4 32 state implementation plan on this state's economy and
4 33 environment, including impacts on energy use, the environment,
4 34 economic development, utility costs and rates, transportation
4 35 fuel costs, and industrial competitiveness. If the general
5 1 assembly is not in session, the legislative council may
5 2 convene public hearings for the same purposes.
5 3 3. The department shall not implement the state
5 4 implementation plan through the use of emergency rules adopted
5 5 under section 17A.4, subsection 2, or made effective under
5 6 section 17A.5, subsection 2.
5 7 4. In the absence of a recommendation or other act of the
5 8 general assembly, or of the legislative council if the general
5 9 assembly is not in session, endorsing the state implementation
5 10 plan, the director shall not submit to the United States
5 11 environmental protection agency any state implementation plan
5 12 related to ozone transport which would impose emission
5 13 controls in Iowa more stringent than necessary for Iowa to
5 14 demonstrate attainment with any national ambient air quality
5 15 standard for ozone, unless all of the following can be shown:
5 16 a. Emissions from other than natural sources located
5 17 within the state of Iowa contribute significantly to
5 18 nonattainment of an ozone standard in another state.
5 19 b. Technically feasible emission reductions in such other
5 20 nonattaining state would not permit the nonattaining state to
5 21 demonstrate attainment and maintenance of an ozone standard.
5 22 c. Technically and economically feasible emission
5 23 reductions in the state of Iowa will significantly benefit or
5 24 enable a nonattaining state to achieve the ozone standard.
5 25
5 26
5 27
5 28 RON J. CORBETT
5 29 Speaker of the House
5 30
5 31
5 32
5 33 MARY E. KRAMER
5 34 President of the Senate
5 35
6 1 I hereby certify that this bill originated in the House and
6 2 is known as House File 309, Seventy-seventh General Assembly.
6 3
6 4
6 5
6 6 ELIZABETH ISAACSON
6 7 Chief Clerk of the House
6 8 Approved , 1997
6 9
6 10
6 11
6 12 TERRY E. BRANSTAD
6 13 Governor
Text: HF00308 Text: HF00310 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Apr 22 10:40:04 CDT 1997
URL: /DOCS/GA/77GA/Legislation/HF/00300/HF00309/970325.html
jhf