Senate File 153 - Introduced



                                       SENATE FILE       
                                       BY  BOLKCOM


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring consideration of greenhouse gas emissions in
  2    issuing conditional permits to electric power generating plant
  3    applicants for a certificate of public convenience and
  4    necessity.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2223XS 82
  7 rn/gg/14

PAG LIN



  1  1    Sec. 1.  Section 455B.134, subsection 3, paragraph d, Code
  1  2 2007, is amended to read as follows:
  1  3    d.  (1)  All applications for conditional permits for
  1  4 electric power generating facilities shall be subject to such
  1  5 notice and opportunity for public participation as may be
  1  6 consistent with chapter 476A or any agreement pursuant thereto
  1  7 under chapter 28E.  The applicant or intervenor may appeal to
  1  8 the commission from the denial of a conditional permit or any
  1  9 of its conditions.  For the purposes of chapter 476A, the
  1 10 issuance or denial of a conditional permit by the director or
  1 11 by the commission upon appeal shall be a determination that
  1 12 the electric power generating facility does or does not meet
  1 13 the permit and licensing requirements of the commission. The
  1 14 issuance of a conditional permit shall not relieve the
  1 15 applicant of the responsibility to submit final and detailed
  1 16 construction plans and drawings and an application for a
  1 17 construction permit for control equipment that will meet the
  1 18 emission limitations established in the conditional permit.
  1 19    (2)  In evaluating applications for conditional permits for
  1 20 electric power generating facilities the director or the
  1 21 commission shall, in addition to other applicable factors,
  1 22 assess the extent to which emissions from the applicant
  1 23 facility may potentially contribute to the accumulation of
  1 24 atmospheric gases resulting in the greenhouse effect, taking
  1 25 into account existing scientific research and current and
  1 26 future federal regulations which may be adopted in relation
  1 27 thereto.  For purposes of this subparagraph, "greenhouse
  1 28 effect" means the absorption and retention of infrared
  1 29 radiation reflected from the earth's surface by gases in the
  1 30 atmosphere.
  1 31                           EXPLANATION
  1 32    This bill requires the environmental protection commission
  1 33 and the director of the department of natural resources to
  1 34 consider the extent to which emissions from an electric power
  1 35 generating facility applying to the Iowa utilities board for a
  2  1 certificate of public convenience and necessity pursuant to
  2  2 Code section 476A.2 may contribute to the accumulation of
  2  3 gases leading to the "greenhouse effect".  The bill defines
  2  4 "greenhouse effect" to mean the absorption and retention of
  2  5 infrared radiation reflected from the earth's surface by gases
  2  6 in the atmosphere.  Code section 455B.134, subsection 3,
  2  7 authorizes the director of the department to grant, modify,
  2  8 suspend, terminate, revoke, reissue, or deny conditional
  2  9 permits for electric power generating facilities subject to
  2 10 Code chapter 476A.  The bill provides that the director or the
  2 11 environmental protection commission shall consider existing
  2 12 scientific research and current and future federal regulations
  2 13 which may be adopted regarding the greenhouse effect in
  2 14 assessing the potential impact.
  2 15 LSB 2223XS 82
  2 16 rn:nh/gg/14