House File 527 - Introduced



                                       HOUSE FILE       
                                       BY  UPMEYER


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

                                      A BILL FOR

  1 An Act relating to the rulemaking authority and voting
  2    requirements of the environmental protection commission.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2610HH 83
  5 jr/nh/8

PAG LIN



  1  1    Section 1.  Section 455A.6, subsection 5, Code 2009, is
  1  2 amended by striking the subsection and inserting in lieu
  1  3 thereof the following:
  1  4    5.  Six members of the commission is a quorum, and a
  1  5 majority of the commission membership may act in any matter
  1  6 within the jurisdiction of the commission.
  1  7    Sec. 2.  Section 455A.6, subsection 6, paragraph a, Code
  1  8 2009, is amended to read as follows:
  1  9    a.  Establish policy for the department and adopt rules,
  1 10 pursuant to chapter 17A, necessary to provide for the
  1 11 effective administration of chapter 455B, 455C, or 459.  The
  1 12 commission shall have only that authority or discretion which
  1 13 is explicitly delegated to or conferred upon the commission by
  1 14 chapter 455B, 455C, or 459, and shall not expand or enlarge on
  1 15 that authority or discretion.
  1 16                           EXPLANATION
  1 17    Under current law five members of the environmental
  1 18 protection commission is a quorum, and a majority of a quorum
  1 19 may take action.  This bill sets the quorum at six members and
  1 20 requires five votes to take action.
  1 21    The bill also would limit the commission's authority to
  1 22 implement the provisions of Code chapter 455B, 455C, or 459 to
  1 23 the authority that is explicitly set out in those chapters.
  1 24 LSB 2610HH 83
  1 25 jr/nh/8