House Journal: Page 1954: Monday, May 7, 2001
GOVERNOR'S VETO MESSAGE
A copy of the following communication was received and placed on
May 7, 2001
The Honorable Mary Kramer
President of the Senate
State Capitol Building
L O C A L
Dear President Kramer:
I hereby transmit Senate File 410, an act relating to the application of certain air
quality requirements to indoor emission units or air contaminant sources.
I am unable to approve Senate File 410. The original intent of this bill was to
clarify Iowa Code Section 455B.135 by specifying the Iowa Department of Natural
Resources does not have the authority to require air quality permits for equipment that
is not vented outside a building. The purpose of this proposed action was to avoid
undue burden on businesses and industries. I support this concept and worked to
develop a bill that met that intent.
Unfortunately, Senate File 410 as passed by the Iowa General Assembly contains
language that is ambiguous, causing confusion in the interpretation of the bill even
among members of the House and Senate. The definitions of "general ventilation" and
"directly vented" are unclear and subject to misinterpretation. The result of this bill, if
it were enacted, would be inconsistent regulation of air emissions even from the exact
same sources and less certainty about permitting requirements. In addition, it is not
possible to write rules that could be implemented without clarification of the definition
of those terms.
The Department of Natural Resources is involved in discussions with business and
industry to develop rules based on current law that provide the business community
the information it needs to achieve compliance, increase predictability in regulation
requirements, and reduce the overall burden. Supporters of this bill from business and
industry have suggested this goal may be achievable by means other than this bill. I
expect these discussions will continue to build consensus on rules thereby avoiding the
need for additional legislation. Otherwise, I am willing to work on legislation next year
that specifies the requirements for air quality permits and reduces the uncertainty and
additional costs incurred by Iowa’s businesses and industries.
For the above reasons, I hereby respectfully disapprove Senate File 410.
Thomas J. Vilsack
© 2001 Cornell College and
League of Women Voters of Iowa
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Last update: Wed May 9 13:35:00 CDT 2001