Senate File 2367 - Enrolled
PAG LIN
1 1 SENATE FILE 2367
1 2
1 3 AN ACT
1 4 RELATING TO THE COMPLIANCE ADVISORY PANEL, INCLUDING THE
1 5 APPOINTMENT OF ITS MEMBERS AND ITS POWERS AND DUTIES.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. Section 455B.131, Code Supplement 2007, is
1 10 amended by adding the following new subsection:
1 11 NEW SUBSECTION. 13. "Small business stationary source"
1 12 means a stationary air contaminant source that meets all of
1 13 the following requirements:
1 14 a. Employs one hundred or fewer individuals.
1 15 b. Qualifies as a small business concern by the United
1 16 States department of commerce pursuant to 15 U.S.C. } 632.
1 17 c. Is not a major stationary source.
1 18 d. Emits less than fifty tons per year of any federally
1 19 regulated air pollutant and less than seventy=five tons per
1 20 year of all federally regulated pollutants under the federal
1 21 Clean Air Act Amendments of 1990, 42 U.S.C. } 7401 et seq.
1 22 Sec. 2. NEW SECTION. 455B.133A SMALL BUSINESS STATIONARY
1 23 SOURCE TECHNICAL AND ENVIRONMENTAL COMPLIANCE ASSISTANCE
1 24 PROGRAM.
1 25 A small business stationary source technical and
1 26 environmental compliance assistance program shall be
1 27 administered and enforced as required pursuant to the federal
1 28 Clean Air Act Amendments of 1990, 42 U.S.C. } 7661f.
1 29 Sec. 3. Section 455B.133B, Code 2007, is amended to read
1 30 as follows:
1 31 455B.133B AIR CONTAMINANT SOURCE FUND CREATED.
1 32 An air contaminant source fund is created in the office of
1 33 the treasurer of state under the control of the department.
1 34 1. Moneys received from the fees assessed pursuant to
1 35 section 455B.133, subsection 8, shall be deposited in the
2 1 fund.
2 2 2. Moneys in the fund shall be used solely to defray the
2 3 costs related to the permit, monitoring, and inspection
2 4 program, including the small business stationary source
2 5 technical and environmental compliance assistance program
2 6 required pursuant to the federal Clean Air Act Amendments of
2 7 1990, sections section 502 and 507, Pub. L. No. 101=549, and
2 8 as provided in section 455B.133A.
2 9 3. Notwithstanding section 8.33, any unexpended balance in
2 10 the fund at the end of each fiscal year shall be retained in
2 11 the fund. Notwithstanding section 12C.7, any interest and
2 12 earnings on investments from money in the fund shall be
2 13 credited to the fund.
2 14 Sec. 4. Section 455B.150, Code 2007, is amended to read as
2 15 follows:
2 16 455B.150 COMPLIANCE ADVISORY PANEL == CREATION.
2 17 A compliance advisory panel shall be is created, pursuant
2 18 to Title V, section 507(e) of the federal Clean Air Act
2 19 Amendments of 1990, to review and report on the effectiveness
2 20 of the small business technical assistance program required by
2 21 the federal Clean Air Act Amendments of 1990, Pub. L. No.
2 22 101=549 42 U.S.C. } 7661f.
2 23 1. Appointment to the compliance advisory panel shall be
2 24 as follows:
2 25 a. Two persons shall be appointed by the governor.
2 26 (1) Each person shall represent the general public and
2 27 have an interest in air quality issues. The person shall not
2 28 be an owner or represent an owner of a small business
2 29 stationary source.
2 30 (2) The person shall serve for a four=year term and may be
2 31 reappointed. A term of office shall begin and end as provided
2 32 in section 69.19.
2 33 (3) An appointment shall comply with sections 69.16 and
2 34 69.16A. In addition, the appointments shall be geographically
2 35 balanced.
3 1 b. Four persons appointed by the leadership of the general
3 2 assembly.
3 3 (1) The persons shall be appointed as follows:
3 4 (a) One person by the majority leader of the senate after
3 5 consultation with the president of the senate and the minority
3 6 leader, and one person by the minority leader of the senate
3 7 after consultation with the president of the senate and the
3 8 majority leader.
3 9 (b) Two persons appointed by the speaker of the house of
3 10 representatives after consultation with the majority leader
3 11 and minority leader.
3 12 (2) Each person shall be an owner of a small business
3 13 stationary source or shall represent an owner of a small
3 14 business stationary source.
3 15 (3) The person shall serve for a two=year term and may be
3 16 reappointed.
3 17 (4) A term shall expire upon the convening of the
3 18 following general assembly, or when the appointee's successor
3 19 is appointed, whichever occurs later.
3 20 c. The director or the director's designee who shall serve
3 21 for a term of four years.
3 22 2. A vacancy shall be filled for the unexpired term by the
3 23 original appointing authority in the manner of the original
3 24 appointment.
3 25 3. The members are entitled to receive a per diem as
3 26 specified in section 7E.6 for each day spent in performance of
3 27 duties of members, and shall be reimbursed for all actual
3 28 necessary expenses incurred in the performance of duties as
3 29 members. Per diem and expenses shall be paid from moneys
3 30 deposited in the air contaminant source fund created pursuant
3 31 to section 455B.133B.
3 32 4. The compliance advisory panel shall elect a chairperson
3 33 and may elect a vice chairperson or other officers from among
3 34 its members as provided by its rules. The panel shall meet on
3 35 a regular basis, but at least once each six months, and at the
4 1 call of the chairperson or upon the written request to the
4 2 chairperson of three or more members.
4 3 5. The department shall staff the compliance advisory
4 4 panel and provide the panel with space to conduct its
4 5 meetings, clerical assistance, and necessary supplies and
4 6 equipment.
4 7 Sec. 5. NEW SECTION. 455B.151 COMPLIANCE ADVISORY PANEL
4 8 == POWERS AND DUTIES.
4 9 The compliance advisory panel created in section 455B.150
4 10 shall review and report on the effectiveness of the small
4 11 business stationary source technical and environmental
4 12 assistance program as provided in section 455B.133A. The
4 13 compliance advisory panel shall do all of the following:
4 14 1. Render advisory opinions concerning the effectiveness
4 15 of the small business stationary source technical and
4 16 environmental compliance assistance program, difficulties
4 17 encountered, and degree and severity of enforcement.
4 18 2. Make periodic reports to the administrator of the
4 19 federal environmental protection agency concerning the
4 20 compliance of the state small business stationary source
4 21 technical and environmental compliance assistance program with
4 22 the requirements of the federal Paperwork Reduction Act, 44
4 23 U.S.C. } 3501 et seq.; the federal Regulatory Flexibility Act,
4 24 5 U.S.C. } 601 et seq.; and the federal Equal Access to
4 25 Justice Act, 5 U.S.C. } 504.
4 26 3. Review information for small business stationary
4 27 sources to assure such information is understandable by the
4 28 layperson.
4 29 4. Have the small business stationary source technical and
4 30 environmental compliance assistance program serve as the
4 31 secretariat for the development and dissemination of such
4 32 reports and advisory opinions.
4 33
4 34
4 35
5 1 JOHN P. KIBBIE
5 2 President of the Senate
5 3
5 4
5 5
5 6 PATRICK J. MURPHY
5 7 Speaker of the House
5 8
5 9 I hereby certify that this bill originated in the Senate and
5 10 is known as Senate File 2367, Eighty=second General Assembly.
5 11
5 12
5 13
5 14 MICHAEL E. MARSHALL
5 15 Secretary of the Senate
5 16 Approved , 2008
5 17
5 18
5 19
5 20 CHESTER J. CULVER
5 21 Governor