HOUSE FILE 228

BY  WATTS

A BILL FOR

An Act relating to greenhouse gas emissions by deleting specific references to such emissions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 455B.104, subsections 3 and 4, Code 2011, are amended to read as follows:
   3.  The department may periodically forward recommendations to the commission designed to encourage the reduction of statewidegreenhouse gas emissions.
   4.  By December 31 of each year, the department shall submit a report to the governor and the general assembly regarding thegreenhouse 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 December 31, 2011, for the calendar year beginning January 1, 2010.
   Sec. 2.  Section 455B.131, subsection 7, Code 2011, is amended by striking the subsection.
   Sec. 3.  Section 455B.134, subsection 3, paragraph d, subparagraph (2), Code 2011, is amended to read as follows:
   (2)  In applications for conditional permits for electric power generating facilities, the applicant shall quantify the potential to emitgreenhouse gas emissions due to the proposed project.
   Sec. 4.  Section 455B.134, subsection 3, paragraph g, Code 2011, is amended to read as follows:
   g.  All applications for construction permits or prevention of significant deterioration permits shall quantify the potential to emitgreenhouse gas emissions due to the proposed project.
   Sec. 5.  Section 455B.152, Code 2011, is amended to read as follows:
   455B.152Greenhouse gas Gas inventory and registry.
   1.  Definitions.  For purposes of this section,“greenhouse gas” means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.
   2.  1.Greenhouse gas Gas inventory.
   a.  By January 1, 2008, the The department shall establish a method for collecting data from producers ofgreenhouse gases regarding generatedgreenhouse gases. The data collection method shall provide for mandatory reporting to collect information from affected entities individually and shall include information regarding the amount and type of greenhouse gases generated, the type of source, and other information deemed relevant by the department in developing a baseline measure ofgreenhouse gases produced in the state.
   b.  The department may allow a series of reporting requirements to be phased in over a period of time and may provide for phasing in by producer sector, geographic area, size of producer, or other factors. The reporting requirements shall apply to the departments, agencies, boards, and commissions of the state, in addition to any other entities subject to the reporting requirements established by the department.
   c.  The department shall coordinate the data collection with the United States environmental protection agency upon the enactment of a federal mandatorygreenhouse gas emission reporting rule.
   3.  2.Greenhouse gas Gas registry.
   a.  The department shall establish a voluntary greenhouse gas registry for purposes of cooperating with other states in tracking, managing, and crediting entities in the state that reduce their generation ofgreenhouse gases or that provide increased energy efficiency.
   b.  The department shall develop a mechanism to coordinate the information obtained in thegreenhouse gas inventory with thegreenhouse gas registry.
   4.  3.  Availability.  By January 1, 2009 2013, the greenhouse gas registry shall be made available on an internet website.
   Sec. 6.  Section 455B.199A, subsection 1, Code 2011, is amended to read as follows:
   1.  The department may allow schedules of compliance to be included in permits whenever authorized by federal law or regulations. Such schedules shall be established to maximize benefits and minimize local financial impact while improving water quality, where such opportunities arise. If information is provided showing that the anticipated costs of compliance with a schedule have no reasonable relationship to environmental or public health needs or benefits, or may result in other detrimental environmental impacts, such as significant greenhouse gas emissions, the projects may be deferred, in whole or in part as determined appropriate by the department, and a variance granted, as consistent with applicable federal law or regulations.
   Sec. 7.  Section 455J.1, subsection 2, paragraph d, Code 2011, is amended to read as follows:
   d.  Environmental management systems mitigate the climate change impacts of solid waste disposal by reducing the amount ofgreenhouse gases released into the atmosphere. In addition, environmental management systems improve water quality by limiting and treating the impacts of leachate disposal and by providing positive examples of sustainable water resource management.
   Sec. 8.  Section 455J.3, subsections 4 and 6, Code 2011, are amended to read as follows:
   4.Greenhouse gas Gas reduction.  Implement agreenhouse gas reduction program designed to prevent the release of greenhouse gases into the atmosphere. Such a program may include but is not limited to the following activities:
   a.  Generating electricity or producing other fuels through the collection of landfill gas, such as a methane gas recovery or minimization system.
   b.  Collecting and managing food and other organic waste from households and from industrial and commercial establishments, or attempting to recover energy from the reuse of biomass.
   c.  Implementing programs that encourage the efficient use of energy and promote the use of renewable fuels.
   d.  Discouraging the uncontrolled burning of solid waste and yard waste.
   e.  Setting recycling goals to measure energy savings and quantify the level of success ofgreenhouse gas mitigation efforts.
   f.  Collection and recycling services targeted at waste generated by industrial and commercial facilities such as cardboard, paper, construction, and demolition waste.
   6.  Environmental education.  Plan and implement programs educating the public on environmental stewardship. These programs may include components designed to prevent illegal dumping, reducegreenhouse gas emissions, improve water quality, reduce waste generation, increase recycling and reuse, or any other environmental objective that furthers the purpose and goals of this chapter.
   Sec. 9.  Section 469.4, subsection 2, Code 2011, is amended to read as follows:
   2.  The plan shall provide cost-effective options and strategies for reducing the state’s consumption of energy, dependence on foreign sources of energy, use of fossil fuels, andgreenhouse gas emissions. The options and strategies developed in the plan shall provide for achieving energy independence from foreign sources of energy by the year 2025. The plan shall include a review of a range of energy sources including nuclear power.
   Sec. 10.  Section 469.4, subsection 4, paragraph f, Code 2011, is amended to read as follows:
   f.  Reducegreenhouse gas emissions, both on an aggregate and per capita basis.
   Sec. 11.  Section 469.6, subsection 1, paragraph e, Code 2011, is amended to read as follows:
   e.  Seven members appointed by the governor subject to confirmation by the senate. All appointees shall represent nonpublic organizations or businesses, or research institutions, and must demonstrate experience or expertise in one or more of the fields of renewable energy, renewable fuels, agribusiness, energy efficiency,greenhouse gas reductions, utility operations, research and development of new technologies, commercialization of new technologies, economic development, and finance.
   Sec. 12.  Section 469.9, subsection 2, Code 2011, is amended to read as follows:
   2.  The fund shall be used to further the goals of increasing the research, development, production, and use of biofuels and other sources of renewable energy, improving energy efficiency, and reducinggreenhouse gas emissions, and shall encourage, support, and provide for research, development, commercialization, and the implementation of energy technologies and practices. The technologies and practices should reduce this state’s dependence on foreign sources of energy and fossil fuels. The research, development, commercialization, implementation, and distribution of such technologies and practices are intended to sustain the environment and develop business in this state as Iowans market these technologies and practices to the world.
   Sec. 13.  Section 469.9, subsection 4, paragraph b, subparagraph (3), Code 2011, is amended to read as follows:
   (3)  Reduction ofgreenhouse gas emissions and carbon sequestration.
   Sec. 14.  Section 473.7, subsection 1, paragraph e, Code 2011, is amended to read as follows:
   e.  The impact of meeting Iowa’s energy needs on the environment of the state, including the impact of energy production and use ongreenhouse gas emissions.
EXPLANATION
   This bill deletes Code references to “greenhouse gas” or “greenhouse gases” with respect to the monitoring and regulation of greenhouse gas emissions, substituting instead the more generic “gas” or “gases” with respect to such emissions, with regard to references not otherwise subject to repeal effective July 1, 2011. The bill changes the date by which what is currently referred to as a greenhouse gas registry, and is changed in the bill to a gas registry, is to be made available on an internet website from January 1, 2009, to January 1, 2013.