Text: HSB00683 Text: HSB00685 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 15.221, subsection 2, paragraph c, Code 1 2 2001, is amended by striking the paragraph and inserting in 1 3 lieu thereof the following: 1 4 c. The director of the department of natural resources or 1 5 the director's designee. 1 6 Sec. 2. Section 15A.1, subsection 3, paragraph b, Code 1 7 Supplement 2001, is amended to read as follows: 1 8 b. If the business generates solid or hazardous waste, 1 9 that the business conducts in-house audits and management 1 10 plans to reduce the amount of the waste and to safely dispose 1 11 of the waste. For purposes of this paragraph, a business may, 1 12 in lieu of conducting in-house audits, authorize theland1 13quality and waste management assistance division of the1 14 department of natural resources or the Iowa waste reduction 1 15 center established under section 268.4 to provide the audits. 1 16 Sec. 3. Section 15E.111, subsection 1, paragraph b, 1 17 unnumbered paragraph 2, Code 2001, is amended to read as 1 18 follows: 1 19 Financial assistance awarded under this section may be in 1 20 the form of a loan, loan guarantee, grant, production 1 21 incentive payment, or a combination of financial assistance. 1 22 The department shall not award more than twenty-five percent 1 23 of the amount allocated to the value-added agricultural 1 24 products and processes financial assistance fund during any 1 25 fiscal year to support a single person. The department may 1 26 finance any size of facility. However, the department shall 1 27 reserve up to fifty percent of the total amount allocated to 1 28 the fund, for purposes of assisting persons requiring one 1 29 hundred thousand dollars or less in financial assistance. The 1 30 amount shall be reserved until the end of the third quarter of 1 31 the fiscal year. The department shall not provide financial 1 32 assistance to support a value-added production facility, if 1 33 the facility or a person owning a controlling interest in the 1 34 facility has demonstrated a continuous and flagrant disregard 1 35 for the health and safety of its employees, or the quality of 2 1 the environment. Evidence of such disregard shall include a 2 2 history of serious or uncorrected violations of state or 2 3 federal law protecting occupational health and safety or the 2 4 environment, including but not limited to serious or 2 5 uncorrected violations of occupational safety and health 2 6 standards enforced by the division of labor services of the 2 7 department of workforce development pursuant to chapter 84A, 2 8 or rules enforced by theenvironmental protection division of2 9thedepartment of natural resources pursuant to chapter 455B. 2 10 Sec. 4. Section 15E.208, subsection 4, paragraph b, Code 2 11 Supplement 2001, is amended to read as follows: 2 12 b. An agricultural products processor, if the processor or 2 13 a person owning a controlling interest in the processor has 2 14 demonstrated, within the most recent consecutive three-year 2 15 period prior to the application for financing, a continuous 2 16 and flagrant disregard for the health and safety of its 2 17 employees or the quality of the environment. Violations of 2 18 environmental protection statutes, rules, or regulations shall 2 19 be reported for the most recent five-year period prior to 2 20 application. Evidence of such disregard shall include a 2 21 history of serious or uncorrected violations of state or 2 22 federal law protecting occupational health and safety or the 2 23 environment, including but not limited to serious or 2 24 uncorrected violations of occupational safety and health 2 25 standards enforced by the division of labor services of the 2 26 department of workforce development pursuant to chapter 84A, 2 27 or rules enforced by theenvironmental protection division of2 28thedepartment of natural resources pursuant to chapter 455B. 2 29 Sec. 5. Section 28D.3, subsection 4, Code 2001, is amended 2 30 to read as follows: 2 31 4. Persons employed by theenergy and geological resources2 32division of thedepartment of natural resources under this 2 33 chapter are not subject to the twenty-four-month time 2 34 limitation specified in subsection 2. 2 35 Sec. 6. Section 89B.17, unnumbered paragraph 1, Code 2001, 3 1 is amended to read as follows: 3 2 The director of public health, the labor commissioner, and 3 3 theadministrator of the environmental protection division3 4 director of the department of natural resources or the 3 5 director's designee under written signatures of all these 3 6 parties may recommend any of the following actions: 3 7 Sec. 7. Section 97B.49G, subsection 6, paragraph c, Code 3 8 2001, is amended to read as follows: 3 9 c. There is appropriated from the state fish and game 3 10 protection fund to the department of personnel an actuarially 3 11 determined amount calculated by the Iowa public employees' 3 12 retirement system sufficient to pay for the additional 3 13 benefits to conservation peace officers provided by this 3 14 subsection, as a percentage, in paragraph "a" and for the 3 15 employer portion of the benefits provided in paragraph "b". 3 16 The amount is in addition to the contribution paid by the 3 17 employer under section 97B.11. The cost of the benefits 3 18 relating to fish and wildlife conservation peace officers 3 19 within thefish and game division of thedepartment of natural 3 20 resources shall be paid from the state fish and game 3 21 protection fund and the cost of the benefits relating to the 3 22 other conservation peace officers of the department shall be 3 23 paid from the general fund. 3 24 Sec. 8. Section 103A.8, subsection 7, Code 2001, is 3 25 amended to read as follows: 3 26 7. Limit the application of thermal efficiency standards 3 27 for energy conservation to new construction which will 3 28 incorporate a heating or cooling system. Air exchange fans 3 29 designed to provide ventilation shall not be considered a 3 30 cooling system. The commissioner shall exempt any new 3 31 construction from thermal efficiency standards for energy 3 32 conservation if the commissioner determines that the standards 3 33 are unreasonable as they apply to a particular building or 3 34 class of buildings including farm buildings for livestock use. 3 35 Lighting efficiency standards shall recognize variations in 4 1 lighting intensities required for the various tasks performed 4 2 within the building. The commissioner shall consult with the 4 3energy and geological resources division of thedepartment of 4 4 natural resources regarding standards for energy conservation 4 5 prior to the adoption of the standards. However, the 4 6 standards shall be consistent with section 103A.8A. 4 7 Sec. 9. Section 103A.8A, Code 2001, is amended to read as 4 8 follows: 4 9 103A.8A MINIMUM ENERGY EFFICIENCY STANDARD. 4 10 The state building code commissioner shall adopt as a part 4 11 of the state building code a requirement that new single- 4 12 family or two-family residential construction shall meet an 4 13 established minimum energy efficiency standard. The standard 4 14 shall be stated in terms of the home heating index developed 4 15 by the physics department at Iowa state university of science 4 16 and technology. The minimum standard shall be the average 4 17 energy consumption of new single-family or two-family 4 18 residential construction as determined by a survey conducted 4 19 by theenergy and geological resources division of the4 20 department of natural resources of the average actual energy 4 21 consumption, as expressed in terms of the home heating index. 4 22 The minimum standard shall only apply to single-family or two- 4 23 family residential construction commenced after the adoption 4 24 of the standard. 4 25 Sec. 10. Section 161B.1, subsection 2, paragraphs a and b, 4 26 Code 2001, are amended by striking the paragraphs and 4 27 inserting in lieu thereof the following: 4 28 a. An administrator assigned to energy and geological 4 29 resource management designated by the director of the 4 30 department of natural resources. 4 31 b. An administrator assigned to environmental protection 4 32 designated by the director of the department of natural 4 33 resources. 4 34 Sec. 11. Section 173.16, unnumbered paragraph 2, Code 4 35 Supplement 2001, is amended to read as follows: 5 1 In order to efficiently administer facilities and events on 5 2 the state fairgrounds, and to promote Iowa's conservation 5 3 ethic, the Iowa state fair board shall handle or dispose of 5 4 waste generated on the state fairgrounds under supervision of 5 5 theland quality and waste management assistance division5 6established under section 455B.483department of natural 5 7 resources. 5 8 Sec. 12. Section 206.25, Code 2001, is amended to read as 5 9 follows: 5 10 206.25 PESTICIDE CONTAINERS DISPOSAL. 5 11 The department of agriculture and land stewardship, in 5 12 cooperation with theenvironmental protection division of the5 13 department of natural resources, shall develop a program for 5 14 handling used pesticide containers which reflects the state 5 15 solid waste management policyhierarchy, and shall present the5 16program developed to the general assembly by February 1, 1988. 5 17 Sec. 13. Section 266.39C, subsection 2, paragraph f, Code 5 18 2001, is amended to read as follows: 5 19 f. One representative of theenergy and geological5 20resources division of thedepartment of natural resources, 5 21 appointed by the director. 5 22 Sec. 14. Section 427.1, subsection 19, unnumbered 5 23 paragraphs 5 and 6, Code Supplement 2001, are amended to read 5 24 as follows: 5 25 The application for a specific pollution-control or 5 26 recycling property shall be accompanied by a certificate of 5 27 theadministrator of the environmental protection division of5 28thedepartment of natural resources certifying that the 5 29 primary use of the pollution-control property is to control or 5 30 abate pollution of any air or water of this state or to 5 31 enhance the quality of any air or water of this state or, if 5 32 the property is recycling property, that the primary use of 5 33 the property is for recycling. 5 34 A taxpayer may seek judicial review of a determination of 5 35 theadministrator of the environmental protection division6 1 department or, on appeal, of the environmental protection 6 2 commission in accordance with the provisions of chapter 17A. 6 3 Sec. 15. Section 427.1, subsection 20, unnumbered 6 4 paragraph 1, Code Supplement 2001, is amended to read as 6 5 follows: 6 6 The impoundment structure and any land underlying an 6 7 impoundment located outside an incorporated city, which are 6 8 not developed or used directly or indirectly for 6 9 nonagricultural income-producing purposes and which are 6 10 maintained in a condition satisfactory to the soil and water 6 11 conservation district commissioners of the county in which the 6 12 impoundment structure and the impoundment are located. A 6 13 person owning land which qualifies for a property tax 6 14 exemption under this subsection shall apply to the county 6 15 assessor each year not later than February 1 for the 6 16 exemption. The application shall be made on forms prescribed 6 17 by the department of revenue and finance. The first 6 18 application shall be accompanied by a copy of the water 6 19 storage permit approved by theadministrator of the6 20environmental protection divisiondirector of the department 6 21 of natural resources or the director's designee, and a copy of 6 22 the plan for the construction of the impoundment structure and 6 23 the impoundment. The construction plan shall be used to 6 24 determine the total acre-feet of the impoundment and the 6 25 amount of land which is eligible for the property tax 6 26 exemption. The county assessor shall annually review each 6 27 application for the property tax exemption under this 6 28 subsection and submit it, with the recommendation of the soil 6 29 and water conservation district commissioners, to the board of 6 30 supervisors for approval or denial. An applicant for a 6 31 property tax exemption under this subsection may appeal the 6 32 decision of the board of supervisors to the district court. 6 33 Sec. 16. Section 455A.6, subsection 6, paragraph d, Code 6 34 2001, is amended to read as follows: 6 35 d. Approve the budget request prepared by the director for 7 1 the programs authorized by chapters 455B, 455C, 455E,and7 2 455F, and 455H. The commission shall approve the budget 7 3 request prepared by the director for programsadministered by7 4the energy and geological resources division, the7 5administrative services division, and the office of the7 6director, as provided in section 455A.7subject to the 7 7 rulemaking authority of the commission. The commission may 7 8 increase, decrease, or strike any item within the department 7 9 budget request for the specified programs before granting 7 10 approval. 7 11 Sec. 17. Section 455A.7, subsection 1, Code Supplement 7 12 2001, is amended by striking the subsection and inserting in 7 13 lieu thereof the following: 7 14 1. The director may establish administrative divisions, 7 15 bureaus, or other administrative entities within the 7 16 department in order to most efficiently and effectively carry 7 17 out the department's responsibilities. The creation or 7 18 modification of departmental divisions, bureaus, or other 7 19 administrative entities shall be implemented only after 7 20 consultation with the natural resource commission or the 7 21 environmental protection commission as applicable. 7 22 Sec. 18. Section 455A.8, subsection 1, Code 2001, is 7 23 amended to read as follows: 7 24 1. The Brushy Creek recreation trails advisory board shall 7 25 be organized withinthe parks and preserves division ofthe 7 26 department and shall be composed of ten members including the 7 27 following: the director of the department or the director's 7 28 designee who shall serve as a nonvoting ex officio member, the 7 29 park ranger responsible for the Brushy Creek recreation area, 7 30 a member of the state advisory board for preserves established 7 31 under chapter 465C, a person appointed by the governor, and 7 32 six persons appointed by the legislative council. Each person 7 33 appointed by the governor or legislative council must actively 7 34 participate in recreational trail activities such as hiking, 7 35 an equestrian sport, or a winter sport at the Brushy Creek 8 1 recreation area. The voting members shall elect a chairperson 8 2 at the board's first meeting each year. 8 3 Sec. 19. Section 455A.10, Code 2001, is amended to read as 8 4 follows: 8 5 455A.10 STATE FISH AND GAME PROTECTION FUND – CAPITAL 8 6 PROJECTS AND CONTINGENCIES. 8 7 Funds remaining in the state fish and game protection fund 8 8 during a fiscal year which are not specifically appropriated 8 9 by the general assembly are appropriated and may be used for 8 10 capital projects and contingencies under the jurisdiction of 8 11 the department relating to fish and wildlifedivisionarising 8 12 during the fiscal year. A contingency shall not include any 8 13 purpose or project which was presented to the general assembly 8 14 by way of a bill or a proposed bill and which failed to be 8 15 enacted into law. For the purpose of this section, a 8 16 necessity of additional operating funds may be construed as a 8 17 contingency. Before any of the funds authorized to be 8 18 expended by this section are allocated for contingencies, it 8 19 shall be determined by the executive council that a 8 20 contingency exists and that the contingency was not existent 8 21 while the general assembly was in session and that the 8 22 proposed allocation shall be for the best interests of the 8 23 state. If a contingency arises or could reasonably be 8 24 foreseen during the time the general assembly is in session, 8 25 expenditures for the contingency must be authorized by the 8 26 general assembly. 8 27 Sec. 20. Section 455B.480, Code Supplement 2001, is 8 28 amended to read as follows: 8 29 455B.480 SHORT TITLE. 8 30 This part may be cited as the "Land Quality andWaste 8 31 Management AssistanceDivisionAct". 8 32 Sec. 21. Section 455B.481, subsection 2, Code Supplement 8 33 2001, is amended to read as follows: 8 34 2. It is also the intent of the general assembly that a 8 35 comprehensive waste management plan be established by theland9 1quality and waste management assistance divisiondepartment 9 2 which includes: the determination of need and adequate 9 3 regulatory controls prior to the initiation of site selection; 9 4 the process for selecting a superior site determined to be 9 5 necessary; the establishment of a process for a site community 9 6 to submit or present data, views, or arguments regarding the 9 7 selection of the operator and the technology that best ensures 9 8 proper facility operation; the prohibition of shallow land 9 9 burial of hazardous and low-level radioactive wastes; the 9 10 establishment of a regulatory framework for a facility; and 9 11 the establishment of provisions for the safe and orderly 9 12 development, operation, closure, postclosure, and long-term 9 13 monitoring and maintenance of the facility. 9 14 Sec. 22. Section 455B.482, subsection 4, Code Supplement 9 15 2001, is amended by striking the subsection. 9 16 Sec. 23. Section 455B.483, Code Supplement 2001, is 9 17 amended by striking the section and inserting in lieu thereof 9 18 the following: 9 19 455B.483LAND QUALITY ANDWASTE MANAGEMENT ASSISTANCE. 9 20 The director of the department of natural resources shall 9 21 provide for administration of the provisions of this part. 9 22 Sec. 24. Section 455B.484, unnumbered paragraph 1, Code 9 23 Supplement 2001, is amended to read as follows: 9 24 Thedivisiondepartment shall: 9 25 Sec. 25. Section 455B.484, subsections 2 and 9, Code 9 26 Supplement 2001, are amended to read as follows: 9 27 2. Seek, receive, and accept funds in the form of 9 28 appropriations, grants, awards, wills, bequests, endowments, 9 29 and gifts for deposit into theland quality andwaste 9 30 managementassistance divisiontrust fund to be used for 9 31 programs relating to the duties of thedivisiondepartment 9 32 under this part. 9 33 9. Include in the annual report to the governor and the 9 34 general assembly required by section 455A.4, subsection 1, 9 35 paragraph "d", information outlining the activities of the 10 1divisiondepartment in carrying out programs and 10 2 responsibilities under this part, and identifying trends and 10 3 developments in the management of waste. The report shall 10 4 also include specific recommendations for attaining the goals 10 5 for waste minimization and capacity assurance requirements. 10 6 Sec. 26. Section 455B.484, subsection 13, paragraph c, 10 7 Code Supplement 2001, is amended to read as follows: 10 8 c. In solicitation of proposals for the implementation of 10 9 the comprehensive plan, theland quality and waste management10 10assistance divisiondepartment shall give preference to 10 11 cooperative proposals which incorporate and utilize the 10 12 participation of the universities under the control of the 10 13 state board of regents. 10 14 Sec. 27. Section 455B.485, subsections 3, 4, and 5, Code 10 15 Supplement 2001, are amended to read as follows: 10 16 3. Approve the budget requestfor the land quality and10 17waste management assistance divisionfor administration of 10 18 this part prior to submission to the department of management. 10 19 The commission may increase, decrease, or strike any proposed 10 20 expenditure within theland quality and waste management10 21assistance divisionbudget request before granting approval. 10 22 4. Recommend legislative action which may be required for 10 23 the safe and proper management of waste, for the acquisition 10 24 or operation of a facility, for the funding of a facility, to 10 25 enter into interstate agreements for the management of a 10 26 facility, and to improve the operation of theland quality and10 27 department relating to waste management assistancedivision. 10 28 5. Approve all contracts and agreements, in excess of 10 29 twenty-five thousand dollars, under this part between theland10 30quality and waste management assistance divisiondepartment 10 31 and other public or private persons or agencies. 10 32 Sec. 28. Section 455B.486, Code 2001, is amended to read 10 33 as follows: 10 34 455B.486 FACILITY SITING. 10 35 1. Thedivisiondepartment shall identify and recommend to 11 1 the commission suitable sites for locating facilities for the 11 2 treatment, storage, or disposal of hazardous waste within this 11 3 state. Thedivisiondepartment shall use site selection 11 4 criteria adopted by the environmental protection commission 11 5 pursuant to section 455B.487 in identifying these sites. The 11 6 commission shall accept or reject the recommendation of the 11 7divisiondepartment. If the commission rejects the 11 8 recommendation of thedivisiondepartment, the commission 11 9 shall state its reasons for rejecting the recommendation. 11 10 2. The commission shall adopt rules establishing criteria 11 11 for the identification of sites which are suitable for the 11 12 operation of low-level radioactive waste disposal facilities. 11 13 Thedivisiondepartment shall apply these criteria, once 11 14 adopted, to identify and recommend to the commission sites 11 15 suitable for locating facilities for the disposal of low-level 11 16 radioactive waste. The commission shall accept or reject the 11 17 recommendation of thedivisiondepartment. If the commission 11 18 rejects the recommendation of thedivisiondepartment, the 11 19 commission shall state its reasons for rejecting the 11 20 recommendation. 11 21 Sec. 29. Section 455B.516, subsection 3, Code Supplement 11 22 2001, is amended by striking the subsection. 11 23 Sec. 30. Section 455B.517, unnumbered paragraph 1, Code 11 24 Supplement 2001, is amended to read as follows: 11 25 Theland quality and waste management assistance division11 26 department shall do all of the following: 11 27 Sec. 31. Section 455B.517, subsection 4, Code Supplement 11 28 2001, is amended to read as follows: 11 29 4. Seek, receive, and accept funds in the form of 11 30 appropriations, grants, awards, wills, bequests, endowments, 11 31 and gifts for the uses designated pursuant to section 11 32 455B.133B. Thedivisiondepartment shall also coordinate 11 33 existing resources and oversee the disbursement of federal 11 34 grant moneys to provide consistency in achieving the toxics 11 35 pollution prevention goal of the state. 12 1 Sec. 32. Section 455B.518, subsection 2, unnumbered 12 2 paragraph 1, Code 2001, is amended to read as follows: 12 3 2. Thedivisiondepartment shall adopt criteria for the 12 4 information required in a multimedia toxics pollution 12 5 prevention plan. To the extent possible, the plans shall 12 6 coordinate reporting requirements in order to minimize 12 7 unnecessary duplication. The plans shall include, but are not 12 8 limited to, all of the following: 12 9 Sec. 33. Section 455E.11, subsection 2, paragraph a, 12 10 subparagraph (1), subparagraph subdivision (b), Code 12 11 Supplement 2001, is amended to read as follows: 12 12 (b) One hundred sixty-five thousand dollars to theland12 13quality and waste management assistance division of the12 14 department to be used for the by-products and waste search 12 15 service at the university of northern Iowa. 12 16 Sec. 34. Section 455E.11, subsection 2, paragraph a, 12 17 subparagraph (2), subparagraph subdivision (a), subparagraph 12 18 subdivision part (iv), Code Supplement 2001, is amended to 12 19 read as follows: 12 20 (iv) Theland quality and wastewaste management 12 21 assistancedivisionprogram of the department. 12 22 Sec. 35. Section 455E.11, subsection 2, paragraph b, 12 23 subparagraph (3), subparagraph subdivision (b), unnumbered 12 24 paragraph 1, Code Supplement 2001, is amended to read as 12 25 follows: 12 26 Two percent is appropriated annually to the department and, 12 27 except for administrative expenses, is transferred to the Iowa 12 28 department of public health for the purpose of administering 12 29 grants to counties and conducting oversight of county-based 12 30 programs for the testing of private rural water supply wells, 12 31 private rural water supply well sealing, and the proper 12 32 closure of private rural abandoned wells and cisterns. Not 12 33 more than thirty-five percent of the moneys is appropriated 12 34 annually for grants to counties for the purpose of conducting 12 35 programs of private rural water supply testing, private rural 13 1 water supply well sealing, the proper closure of private rural 13 2 abandoned wells and cisterns, or any combination thereof. An 13 3 amount agreed to by the department of natural resources and 13 4 the Iowa department of public health shall be retained by the 13 5 department of natural resources for administrative expenses. 13 6 Sec. 36. Section 456A.16, unnumbered paragraph 5, Code 13 7 2001, is amended to read as follows: 13 8 The general assembly shall appropriate annually from the 13 9 state fish and game protection fund the amount credited to the 13 10 fund from the checkoff to thefish and wildlife division of13 11thedepartment for the purposes specified in this section. 13 12 Sec. 37. Section 456A.17, unnumbered paragraph 2, Code 13 13 2001, is amended to read as follows: 13 14 The state fish and game protection fund, except as 13 15 otherwise provided, consists of all moneys accruing from 13 16 license fees and all other sources of revenue arising under 13 17 the fish and wildlifedivisionprograms. Notwithstanding 13 18 section 12C.7, subsection 2, interest or earnings on 13 19 investments or time deposits of the moneys in the state fish 13 20 and game protection fund shall be credited to that fund. 13 21 Sec. 38. Section 456A.19, unnumbered paragraphs 1 and 2, 13 22 Code 2001, are amended to read as follows: 13 23 All funds accruing to the fish and game protection fund, 13 24 except an equitable portion of the administration fund, shall 13 25 be expended solely in carrying on the fish and wildlife 13 26 activitiesembraced in the fish and wildlife division. 13 27 Expenditures incurred by thedivisiondepartment in carrying 13 28 on the activities shall be only on authorization by the 13 29 general assembly. 13 30 The department shall by October 1 of each year submit to 13 31 the department of management for transmission to the general 13 32 assembly a detailed estimate of the amount required by the 13 33 department during the succeeding year for carrying on the fish 13 34 and wildlife activitiesembraced in the fish and wildlife13 35division. The estimate shall be in the same general form and 14 1 detail as required by law in estimates submitted by other 14 2 state departments. 14 3 Sec. 39. Section 456A.21, subsection 1, Code 2001, is 14 4 amended to read as follows: 14 5 1. A forestry management and enhancement fund is created 14 6 in the state treasury underthe control ofthe department's 14 7forests and prairies division created in section 455A.714 8 control. The fund is composed of moneys deposited into the 14 9 fund pursuant to section 456A.20, moneys appropriated by the 14 10 general assembly, and moneys available to and obtained or 14 11 accepted by the division or the department from the United 14 12 States or private sources for placement in the fund. 14 13 Sec. 40. Section 473.11, subsection 3, unnumbered 14 14 paragraph 1, Code 2001, is amended to read as follows: 14 15 An energy fund disbursement council is established. The 14 16 council shall be composed of the governor or the governor's 14 17 designee, the director of the department of management, who 14 18 shall serve as the council's chairperson, the administrator of 14 19 the division of community action agencies of the department of 14 20 human rights,the administrator of the energy and geological14 21resources divisiona designee of the director of the 14 22 department of natural resources who is knowledgeable in the 14 23 field of energy conservation, and a designee of the director 14 24 of transportation, who is knowledgeable in the field of energy 14 25 conservation. The council shall include as nonvoting members 14 26 two members of the senate appointed by the president of the 14 27 senate, after consultation with the majority leader and the 14 28 minority leader of the senate, and two members of the house of 14 29 representatives appointed by the speaker of the house, after 14 30 consultation with the majority leader and the minority leader 14 31 of the house. The legislative members shall be appointed upon 14 32 the convening and for the period of each general assembly. 14 33 Not more than one member from each house shall be of the same 14 34 political party. The council shall be staffed by theenergy14 35and geological resources division of thedepartment of natural 15 1 resources. The attorney general shall provide legal 15 2 assistance to the council. 15 3 Sec. 41. Section 473.11, subsection 3, paragraphs c and f, 15 4 Code 2001, are amended to read as follows: 15 5 c. Work with theenergy and geological resources division15 6 department of natural resources in adopting administrative 15 7 rules necessary to administer expenditures from the trust, 15 8 encourage applications for grants and loans, review and select 15 9 proposals for the funding of competitive grants and loans from 15 10 the energy conservation trust, and evaluate their comparative 15 11 effectiveness. 15 12 f. Prepare, in conjunction with theenergy and geological15 13resources divisiondepartment of natural resources, an annual 15 14 report to the governor and the general assembly regarding 15 15 earnings of and expenditures from the energy conservation 15 16 trust. 15 17 Sec. 42. Section 473.11, subsection 4, Code 2001, is 15 18 amended to read as follows: 15 19 4. Theadministrator of the energy and geological15 20resources divisiondirector of the department of natural 15 21 resources or the director's designee shall be the 15 22 administrator of the energy conservation trust. The 15 23 administrator shall disburse moneys appropriated by the 15 24 general assembly from the funds in the trust in accordance 15 25 with the federal court orders, law and regulation, or 15 26 settlement conditions applying to the moneys in that fund, and 15 27 subject to the approval of the energy fund disbursement 15 28 council if such approval is required. The council, after 15 29 consultation with the attorney general, shall immediately 15 30 approve the disbursement of moneys from the funds in the trust 15 31 for projects which meet the federal court orders, law and 15 32 regulations, or settlement conditions which apply to that 15 33 fund. 15 34 Sec. 43. Section 476.6, subsection 19, paragraph b, Code 15 35 Supplement 2001, is amended to read as follows: 16 1 b. A gas and electric utility required to be rate- 16 2 regulated under this chapter shall assess potential energy and 16 3 capacity savings available from actual and projected customer 16 4 usage by applying commercially available technology and 16 5 improved operating practices to energy-using equipment and 16 6 buildings. The utility shall submit the assessment to the 16 7 board. Upon receipt of the assessment, the board shall 16 8 consult with theenergy bureau of the division of energy and16 9geological resources of thedepartment of natural resources to 16 10 develop specific capacity and energy savings performance 16 11 standards for each utility. The utility shall submit an 16 12 energy efficiency plan which shall include economically 16 13 achievable programs designed to attain these energy and 16 14 capacity performance standards. 16 15 Sec. 44. Section 476.6, subsection 25, paragraph a, 16 16 subparagraphs (2) and (3), Code Supplement 2001, are amended 16 17 to read as follows: 16 18 (2) Copies of the initial plan and budget, as well as any 16 19 subsequent updates, shall be served on theenvironmental16 20protection division of thedepartment of natural resources. 16 21 (3) The initial multiyear plan and budget and any 16 22 subsequent updates shall be considered in a contested case 16 23 proceeding pursuant to chapter 17A. Theenvironmental16 24protection division of thedepartment of natural resources and 16 25 the consumer advocate shall participate as parties to the 16 26 proceeding. 16 27 Sec. 45. Section 481C.1, Code 2001, is amended to read as 16 28 follows: 16 29 481C.1 WILD ANIMAL DEPREDATION UNIT. 16 30 A wild animal depredation unit is established within the 16 31fish and wildlife division of thedepartment of natural 16 32 resources. The unit shall be comprised of two wild animal 16 33 depredation biologists.The biologists shall serve under the16 34director of the department of natural resources.16 35 EXPLANATION 17 1 This bill provides for the reorganization of the 17 2 administrative structure of the department of natural 17 3 resources. The current seven divisions of the department that 17 4 are created and named in Code section 455A.7 are stricken. In 17 5 total, the current departmental organization includes seven 17 6 divisions and 21 bureaus. 17 7 The bill authorizes the director of the department to 17 8 establish administrative divisions, bureaus, or other 17 9 administrative entities within the department to most 17 10 efficiently and effectively carry out the department's 17 11 responsibilities. The director shall consult with the natural 17 12 resource commission and the environmental protection 17 13 commission, as applicable, during the reorganization process. 17 14 The bill also provides for the transfer of funds and 17 15 responsibilities relating to oversight and testing of private 17 16 rural water supply wells, private rural water supply well 17 17 sealing, and the proper closure of private rural abandoned 17 18 wells and cisterns to the Iowa department of public health. 17 19 The remainder of the bill includes corresponding amendments 17 20 to remove the names of divisions that are stricken in the 17 21 amendment to Code section 455A.7. 17 22 LSB 5547XL 79 17 23 tj/pj/5.2
Text: HSB00683 Text: HSB00685 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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