House File 228 - Introduced HOUSE FILE 228 BY WATTS A BILL FOR An Act relating to greenhouse gas emissions by deleting 1 specific references to such emissions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1635YH (5) 84 rn/nh

H.F. 228 Section 1. Section 455B.104, subsections 3 and 4, Code 2011, 1 are amended to read as follows: 2 3. The department may periodically forward recommendations 3 to the commission designed to encourage the reduction of 4 statewide greenhouse gas emissions. 5 4. By December 31 of each year, the department shall submit 6 a report to the governor and the general assembly regarding 7 the greenhouse gas emissions in the state during the previous 8 calendar year and forecasting trends in such emissions. The 9 first submission by the department shall be filed by December 10 31, 2011, for the calendar year beginning January 1, 2010. 11 Sec. 2. Section 455B.131, subsection 7, Code 2011, is 12 amended by striking the subsection. 13 Sec. 3. Section 455B.134, subsection 3, paragraph d, 14 subparagraph (2), Code 2011, is amended to read as follows: 15 (2) In applications for conditional permits for electric 16 power generating facilities, the applicant shall quantify the 17 potential to emit greenhouse gas emissions due to the proposed 18 project. 19 Sec. 4. Section 455B.134, subsection 3, paragraph g, Code 20 2011, is amended to read as follows: 21 g. All applications for construction permits or prevention 22 of significant deterioration permits shall quantify the 23 potential to emit greenhouse gas emissions due to the proposed 24 project. 25 Sec. 5. Section 455B.152, Code 2011, is amended to read as 26 follows: 27 455B.152 Greenhouse gas Gas inventory and registry. 28 1. Definitions. For purposes of this section , “greenhouse 29 gas” means carbon dioxide, methane, nitrous oxide, 30 hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride. 31 2. 1. Greenhouse gas Gas inventory. 32 a. By January 1, 2008, the The department shall establish a 33 method for collecting data from producers of greenhouse gases 34 regarding generated greenhouse gases. The data collection 35 -1- LSB 1635YH (5) 84 rn/nh 1/ 6

H.F. 228 method shall provide for mandatory reporting to collect 1 information from affected entities individually and shall 2 include information regarding the amount and type of greenhouse 3 gases generated, the type of source, and other information 4 deemed relevant by the department in developing a baseline 5 measure of greenhouse gases produced in the state. 6 b. The department may allow a series of reporting 7 requirements to be phased in over a period of time and may 8 provide for phasing in by producer sector, geographic area, 9 size of producer, or other factors. The reporting requirements 10 shall apply to the departments, agencies, boards, and 11 commissions of the state, in addition to any other entities 12 subject to the reporting requirements established by the 13 department. 14 c. The department shall coordinate the data collection 15 with the United States environmental protection agency upon 16 the enactment of a federal mandatory greenhouse gas emission 17 reporting rule. 18 3. 2. Greenhouse gas Gas registry. 19 a. The department shall establish a voluntary greenhouse 20 gas registry for purposes of cooperating with other states in 21 tracking, managing, and crediting entities in the state that 22 reduce their generation of greenhouse gases or that provide 23 increased energy efficiency. 24 b. The department shall develop a mechanism to coordinate 25 the information obtained in the greenhouse gas inventory with 26 the greenhouse gas registry. 27 4. 3. Availability. By January 1, 2009 2013 , the 28 greenhouse gas registry shall be made available on an internet 29 website. 30 Sec. 6. Section 455B.199A, subsection 1, Code 2011, is 31 amended to read as follows: 32 1. The department may allow schedules of compliance to 33 be included in permits whenever authorized by federal law 34 or regulations. Such schedules shall be established to 35 -2- LSB 1635YH (5) 84 rn/nh 2/ 6

H.F. 228 maximize benefits and minimize local financial impact while 1 improving water quality, where such opportunities arise. If 2 information is provided showing that the anticipated costs of 3 compliance with a schedule have no reasonable relationship to 4 environmental or public health needs or benefits, or may result 5 in other detrimental environmental impacts, such as significant 6 greenhouse gas emissions, the projects may be deferred, in 7 whole or in part as determined appropriate by the department, 8 and a variance granted, as consistent with applicable federal 9 law or regulations. 10 Sec. 7. Section 455J.1, subsection 2, paragraph d, Code 11 2011, is amended to read as follows: 12 d. Environmental management systems mitigate the climate 13 change impacts of solid waste disposal by reducing the amount 14 of greenhouse gases released into the atmosphere. In addition, 15 environmental management systems improve water quality by 16 limiting and treating the impacts of leachate disposal and 17 by providing positive examples of sustainable water resource 18 management. 19 Sec. 8. Section 455J.3, subsections 4 and 6, Code 2011, are 20 amended to read as follows: 21 4. Greenhouse gas Gas reduction. Implement a greenhouse gas 22 reduction program designed to prevent the release of greenhouse 23 gases into the atmosphere. Such a program may include but is 24 not limited to the following activities: 25 a. Generating electricity or producing other fuels through 26 the collection of landfill gas, such as a methane gas recovery 27 or minimization system. 28 b. Collecting and managing food and other organic waste from 29 households and from industrial and commercial establishments, 30 or attempting to recover energy from the reuse of biomass. 31 c. Implementing programs that encourage the efficient use of 32 energy and promote the use of renewable fuels. 33 d. Discouraging the uncontrolled burning of solid waste and 34 yard waste. 35 -3- LSB 1635YH (5) 84 rn/nh 3/ 6

H.F. 228 e. Setting recycling goals to measure energy savings and 1 quantify the level of success of greenhouse gas mitigation 2 efforts. 3 f. Collection and recycling services targeted at waste 4 generated by industrial and commercial facilities such as 5 cardboard, paper, construction, and demolition waste. 6 6. Environmental education. Plan and implement programs 7 educating the public on environmental stewardship. These 8 programs may include components designed to prevent illegal 9 dumping, reduce greenhouse gas emissions, improve water 10 quality, reduce waste generation, increase recycling and reuse, 11 or any other environmental objective that furthers the purpose 12 and goals of this chapter . 13 Sec. 9. Section 469.4, subsection 2, Code 2011, is amended 14 to read as follows: 15 2. The plan shall provide cost-effective options and 16 strategies for reducing the state’s consumption of energy, 17 dependence on foreign sources of energy, use of fossil fuels, 18 and greenhouse gas emissions. The options and strategies 19 developed in the plan shall provide for achieving energy 20 independence from foreign sources of energy by the year 2025. 21 The plan shall include a review of a range of energy sources 22 including nuclear power. 23 Sec. 10. Section 469.4, subsection 4, paragraph f, Code 24 2011, is amended to read as follows: 25 f. Reduce greenhouse gas emissions, both on an aggregate and 26 per capita basis. 27 Sec. 11. Section 469.6, subsection 1, paragraph e, Code 28 2011, is amended to read as follows: 29 e. Seven members appointed by the governor subject 30 to confirmation by the senate. All appointees shall 31 represent nonpublic organizations or businesses, or research 32 institutions, and must demonstrate experience or expertise 33 in one or more of the fields of renewable energy, renewable 34 fuels, agribusiness, energy efficiency, greenhouse gas 35 -4- LSB 1635YH (5) 84 rn/nh 4/ 6

H.F. 228 reductions, utility operations, research and development of new 1 technologies, commercialization of new technologies, economic 2 development, and finance. 3 Sec. 12. Section 469.9, subsection 2, Code 2011, is amended 4 to read as follows: 5 2. The fund shall be used to further the goals of 6 increasing the research, development, production, and use of 7 biofuels and other sources of renewable energy, improving 8 energy efficiency, and reducing greenhouse gas emissions, 9 and shall encourage, support, and provide for research, 10 development, commercialization, and the implementation of 11 energy technologies and practices. The technologies and 12 practices should reduce this state’s dependence on foreign 13 sources of energy and fossil fuels. The research, development, 14 commercialization, implementation, and distribution of 15 such technologies and practices are intended to sustain the 16 environment and develop business in this state as Iowans market 17 these technologies and practices to the world. 18 Sec. 13. Section 469.9, subsection 4, paragraph b, 19 subparagraph (3), Code 2011, is amended to read as follows: 20 (3) Reduction of greenhouse gas emissions and carbon 21 sequestration. 22 Sec. 14. Section 473.7, subsection 1, paragraph e, Code 23 2011, is amended to read as follows: 24 e. The impact of meeting Iowa’s energy needs on the 25 environment of the state, including the impact of energy 26 production and use on greenhouse gas emissions. 27 EXPLANATION 28 This bill deletes Code references to “greenhouse gas” 29 or “greenhouse gases” with respect to the monitoring and 30 regulation of greenhouse gas emissions, substituting instead 31 the more generic “gas” or “gases” with respect to such 32 emissions, with regard to references not otherwise subject 33 to repeal effective July 1, 2011. The bill changes the date 34 by which what is currently referred to as a greenhouse gas 35 -5- LSB 1635YH (5) 84 rn/nh 5/ 6

H.F. 228 registry, and is changed in the bill to a gas registry, is to 1 be made available on an internet website from January 1, 2009, 2 to January 1, 2013. 3 -6- LSB 1635YH (5) 84 rn/nh 6/ 6