SSB 3115 (LSB 5272DP (5) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL)

A BILL FOR

An Act regarding matters under the purview of the department of natural resources.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 17A.7, subsection 1, Code 2009, is amended to read as follows:
   1.  An interested person may petition an agency requesting the adoption, amendment, or repeal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition.
   a.  Within sixty days after submission of a petition, the agency either shall deny the petition in writing on the merits, stating its reasons for the denial, or initiate rulemaking proceedings in accordance with section 17A.4, or issue a rule if it is not required to be issued according to the procedures of section 17A.4, subsection 1.
   b.  Notwithstanding the sixty-day-response-period requirement specified in paragraph “a”, the department of natural resources, the environmental protection commission, or the natural resource commission, shall respond to a petition requesting the adoption, amendment, or repeal of a rule within one hundred twenty days after submission of a petition.
    Sec. 2.  Section 455B.152, subsection 2, Code 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The department shall coordinate the data collection with the United States environmental protection agency upon the enactment of a federal mandatory greenhouse gas emission reporting rule.
    Sec. 3.  Section 455B.851, subsection 9, Code 2009, is amended to read as follows:
   9.  By September 1 December 31 of each year, the department shall submit a report to the governor and the general assembly regarding the greenhouse gas emissions in the state during the previous calendar year and forecasting trends in such emissions. The first submission by the department shall be filed by September 1, 2008, for the calendar year beginning January 1, 2007.
    Sec. 4.  Section 456A.17, Code 2009, is amended to read as follows:
   456A.17  Funds —— restrictions.
   1.  The following four funds are created in the state treasury:
   1.a.  A state fish and game protection fund.
   2.b.  A state conservation fund.
   3.c.  An administration fund.
   4.d.  A county conservation board fund.
   2.  The state fish and game protection fund, except as otherwise provided, consists of all moneys accruing from license fees and all other sources of revenue arising under the fish and wildlife programs. Notwithstanding section 12C.7, subsection 2, interest or earnings on investments or time deposits of the moneys in the state fish and game protection fund shall be credited to that fund.
   3.  The county conservation board fund consists of all moneys credited to it by law or appropriated to it by the general assembly.
   4.  The conservation fund, except as otherwise provided, consists of all other funds accruing to the department for the purposes embraced by this chapter.
   5.  The administration fund shall consist of an equitable portion of the gross amount of the state fish and game protection fund and the state conservation fund, to be determined by the commission, sufficient to pay the expense of administration entailed by this chapter.
   6.  All receipts and refunds and reimbursements related to activities funded by the administration fund are appropriated to the administration fund. All refunds and reimbursements relating to activities of the state fish and game protection fund shall be credited to the state fish and game protection fund.
   7.  Notwithstanding section 8.33, revenues deposited in the state conservation fund, and remaining in the state conservation fund on June 30 of any fiscal year shall not revert to the general fund of the state but shall remain available for expenditure for one year after the close of the fiscal year during which such revenues were deposited. Any such revenues remaining unexpended at the end of the one-year period during which the revenues are available for expenditure shall revert to the general fund of the state.
   8.  The department may apply for a loan for the construction of facilities for the collection and treatment of waste water and for the supply, treatment, and distribution of drinking water under the state water pollution control works and drinking water facilities financing program as established in sections 455B.291 through 455B.299. In order to provide for the repayment of a loan granted under the financing program, the commission may impose a lien on not more than ten percent of the annual revenues from user fees and related revenue derived from park and recreation areas under chapter 461A which are deposited in the state conservation fund. If a lien is established as provided in this paragraph, repayment of the loan is the first priority on the revenues received and dedicated for the loan repayment each year.
EXPLANATION
   This bill makes specified changes regarding matters within the purview of the department of natural resources.
   The bill expands the current 60-day time period specified in Code chapter 17A within which an agency must respond to a petition requesting the adoption, amendment, or repeal of an administrative rule to 120 days, but only for petitions submitted to the department of natural resources, the environmental protection commission, or the natural resource commission.
   The bill directs the department to coordinate the collection of data from greenhouse gas producers, as required in Code section 455B.152, with the United States environmental protection agency upon enactment by the agency of a federal mandatory greenhouse gas emissions reporting rule, and changes the date by which the department is required to submit a report to the governor and the general assembly regarding greenhouse gas emissions in the state from September 1 to December 31 annually.
   The bill additionally authorizes the department to apply for loans for the construction of facilities for the supply, treatment, and distribution of drinking water pursuant to the state water pollution control works and drinking water facilities financing program. Code section 456A.17 currently authorizes such loans with regard to the construction of facilities for the collection and treatment of waste water.