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