House File 180 - Introduced HOUSE FILE 180 BY UPMEYER , ARNOLD , BALTIMORE , BRANDENBURG , BYRNES , CHAMBERS , DE BOEF , DEYOE , DOLECHECK , FRY , GARRETT , GRASSLEY , HAGENOW , HANUSA , HEIN , HELLAND , HORBACH , HUSEMAN , IVERSON , KAUFMANN , KLEIN , KOESTER , LOFGREN , LUKAN , MOORE , PAUSTIAN , PEARSON , PETTENGILL , RASMUSSEN , ROGERS , SANDS , SCHULTZ , SHAW , J. SMITH , SODERBERG , SWEENEY , J. TAYLOR , VAN ENGELENHOVEN , VANDER LINDEN , WAGNER , WINDSCHITL , WORTHAN , and QUIRK A BILL FOR An Act relating to the rulemaking authority and voting 1 requirements of the environmental protection commission. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1069HH (4) 84 jr/nh

H.F. 180 Section 1. Section 455A.6, subsection 5, Code 2011, is 1 amended by striking the subsection and inserting in lieu 2 thereof the following: 3 5. Six members of the commission is a quorum, and a majority 4 of the commission membership may act in any matter within the 5 jurisdiction of the commission. 6 Sec. 2. Section 455A.6, subsection 6, paragraph a, Code 7 2011, is amended to read as follows: 8 a. Establish policy for the department and adopt rules, 9 pursuant to chapter 17A, necessary to provide for the 10 effective administration of chapter 455B, 455C, or 459. The 11 commission shall have only that authority or discretion which 12 is explicitly delegated to or conferred upon the commission by 13 chapter 455B, 455C, or 459, and shall not expand or enlarge on 14 that authority or discretion. 15 EXPLANATION 16 Under current law five members of the environmental 17 protection commission is a quorum, and a majority of a quorum 18 may take action. This bill sets the quorum at six members and 19 requires a majority of the commission membership (five votes) 20 to take action. 21 The bill also would limit the commission’s authority to 22 implement the provisions of Code chapter 455B, 455C, or 459 to 23 the authority that is explicitly set out in those chapters. 24 -1- LSB 1069HH (4) 84 jr/nh 1/ 1