H.F. _____ Section 1. Section 455A.4, subsection 1, unnumbered 1 paragraph 1, Code 2011, is amended to read as follows: 2 Except as otherwise provided by law and subject to 3 rules adopted by the natural resource commission and the 4 environmental protection commission , the director shall: 5 Sec. 2. Section 455A.4, subsection 1, paragraph i, Code 6 2011, is amended to read as follows: 7 i. Adopt rules in accordance with chapter 17A as necessary 8 or desirable for the organization or reorganization of the 9 department to provide for the administration of chapter 321G, 10 321I, 455B, 455C, 456A, 456B, 457A, 459, 459A, 459B, 461A, 11 462A, 462B, 464A, 465C, 481A, 481B, 483A, 484A, or 484B. 12 Rulemaking authority held by the natural resource commission 13 or the environmental protection commission is vested in the 14 director upon the effective date of this Act. Rules adopted by 15 the natural resource commission or the environmental protection 16 commission prior to the effective date of this Act, shall 17 remain effective until modified or rescinded by action of the 18 director in accordance with the provisions of chapter 17A . 19 Sec. 3. Section 455A.5, subsection 6, paragraph a, Code 20 2011, is amended to read as follows: 21 a. Establish Recommend policy and adopt rules, pursuant 22 to chapter 17A , necessary to provide for the effective 23 administration of chapter 321G , 321I , 456A , 456B , 457A , 461A , 24 462A , 462B , 464A , 465C , 481A , 481B , 483A , 484A , or 484B . 25 Sec. 4. Section 455A.5, subsection 6, paragraph e, Code 26 2011, is amended by striking the paragraph. 27 Sec. 5. NEW SECTION . 455A.5A Schedule of fees —— rules. 28 1. The director shall adopt, by rule, a schedule of fees for 29 permits issued by the natural resource commission, including 30 conditional permits, and a schedule of fees for administration 31 of the permits. The fees shall be collected by the department 32 and used to offset costs incurred in administrating a program 33 for which the issuance of the permit is made or under which 34 enforcement is carried out. 35 -1- LSB 2017HC (4) 84 tm/rj 1/ 7

H.F. _____ 2. In determining the fee schedule, the director shall 1 consider all of the following: 2 a. The reasonable costs associated with reviewing 3 applications, issuing permits, and monitoring compliance with 4 the terms of issued permits. 5 b. The relative benefits to the applicant and to the public 6 of a permit review, permit issuance, and monitoring compliance 7 with the terms of the permit. 8 c. The typical costs associated with a type of project or 9 activity for which a permit is required. 10 3. However, a fee shall not exceed the actual costs incurred 11 by the department. 12 Sec. 6. Section 455A.6, subsection 6, paragraph a, Code 13 2011, is amended to read as follows: 14 a. Establish Recommend policy for the department and adopt 15 rules, pursuant to chapter 17A , necessary to provide for the 16 effective administration of chapter 455B , 455C , or 459 . 17 Sec. 7. Section 455B.103, subsection 1, Code 2011, is 18 amended by striking the subsection and inserting in lieu 19 thereof the following: 20 1. Adopt, modify, or repeal rules necessary to implement 21 this chapter, chapter 455C, chapter 459, chapter 459A, and 22 chapter 459B, only to the extent that the rules are consistent 23 with the provisions of these chapters. Any rulemaking 24 authority held by the commission is vested in the director 25 upon the effective date of this Act. Rules adopted by the 26 commission prior to the effective date of this Act shall remain 27 in effect until modified or rescinded by action of the director 28 in accordance with the provisions of chapter 17A. 29 a. The director shall include in the preamble of a rule a 30 statement referencing the authority delegated to the director 31 pursuant to which the rule is adopted. The preamble for the 32 rule shall indicate when the director is implementing a federal 33 rule by reference and include a financial impact statement 34 detailing the general impact of the rule upon the regulated 35 -2- LSB 2017HC (4) 84 tm/rj 2/ 7

H.F. _____ parties. 1 b. When proposing or adopting rules to implement a specific 2 federal environmental program, the director shall not impose 3 requirements more restrictive than the requirements of the 4 federal program being implemented. 5 c. When proposing or adopting rules, the director shall 6 include departmental policy relating to the disclosure of 7 information concerning a violation or alleged violation 8 of the rules, standards, permits, or orders issued by the 9 department and the confidentiality of information obtained by 10 the department in the administration and enforcement of this 11 chapter, chapter 455C, chapter 459, chapter 459A, and chapter 12 459B. 13 Sec. 8. Section 455B.103, subsection 2, Code 2011, is 14 amended by striking the subsection. 15 Sec. 9. Section 455B.105, subsections 3 and 11, Code 2011, 16 are amended by striking the subsections. 17 Sec. 10. NEW SECTION . 455B.106 Schedule of fees —— rules. 18 1. The director shall adopt, by rule, procedures and forms 19 necessary to implement the provisions of this chapter and 20 chapters 459, 459A, and 459B relating to permits, conditional 21 permits, and general permits. 22 2. The director may also adopt, by rule, a schedule of fees 23 for permit and conditional permit applications and a schedule 24 of fees which may be periodically assessed for administration 25 of permits and conditional permits. In determining the fee 26 schedules, the director shall consider: 27 a. The state’s reasonable cost of reviewing applications, 28 issuing permits and conditional permits, and checking 29 compliance with the terms of the permits. 30 b. The relative benefits to the applicant and to the 31 public of permit and conditional permit review, issuance, and 32 monitoring compliance. It is the intention of the general 33 assembly that permit fees shall not cover any costs connected 34 with correcting violation of the terms of any permit and shall 35 -3- LSB 2017HC (4) 84 tm/rj 3/ 7

H.F. _____ not impose unreasonable costs on any municipality. 1 c. The typical costs of the particular types of projects 2 or activities for which permits or conditional permits are 3 required, provided that in no circumstances shall fees be in 4 excess of the actual costs to the department. 5 3. Except as otherwise provided in this chapter and chapter 6 459, fees collected by the department under this section shall 7 be remitted to the treasurer of state and credited to the 8 general fund of the state. 9 4. The director shall adopt rules for applications or 10 permits related to the national pollutant discharge elimination 11 system (NPDES) coverage as described in section 455B.197, 12 including fees, only to the extent that the rules are 13 consistent with that section. 14 Sec. 11. Section 455B.183A, subsection 2, Code 2011, is 15 amended to read as follows: 16 2. The commission director shall adopt fees as required 17 pursuant to section 455B.105 455B.106 for permits required for 18 public water supply systems as provided in sections 455B.174 19 and 455B.183 . Fees paid pursuant to this section shall not be 20 subject to the sales or services tax. The fees shall be for 21 each of the following: 22 a. The construction, installation, or modification of a 23 public water supply system. The amount of the fees may be 24 based on the type of system being constructed, installed, or 25 modified. 26 b. The operation of a public water supply system, including 27 any part of the system. The commission director shall adopt 28 a fee schedule which shall be based on the total number of 29 persons served by public water supply systems in this state. 30 However, a public water supply system shall be assessed a fee 31 of at least twenty-five dollars. A public water supply system 32 not owned or operated by a community and serving a transient 33 population shall be assessed a fee of twenty-five dollars. The 34 commission director shall calculate all fees in the schedule to 35 -4- LSB 2017HC (4) 84 tm/rj 4/ 7

H.F. _____ produce total revenues equaling three hundred fifty thousand 1 dollars for each fiscal year, commencing with the fiscal year 2 beginning July 1, 1995, and ending June 30, 1996. For each 3 fiscal year, the fees shall be deposited into the public water 4 supply system account. By May 1 of each year, the department 5 shall estimate the total revenue expected to be collected from 6 the overpayment of fees, which are all fees in excess of the 7 amount of the total revenues which are expected to be collected 8 under the current fee schedule, and the total revenue expected 9 to be collected from the payment of fees during the next fiscal 10 year. The commission director shall adjust the fees if the 11 estimate exceeds the amount of revenue required to be deposited 12 in the account pursuant to this paragraph. 13 Sec. 12. Section 455B.310, subsection 5, Code 2011, is 14 amended to read as follows: 15 5. Solid waste disposal facilities with special provisions 16 which limit the site to disposal of construction and demolition 17 waste, landscape waste, coal combustion waste, cement kiln 18 dust, foundry sand, and solid waste materials approved by the 19 department for lining or capping, or for construction berms, 20 dikes, or roads in a sanitary disposal project or sanitary 21 landfill are exempt from the tonnage fees imposed under this 22 section . However, solid waste disposal facilities under 23 this subsection are subject to the fees imposed pursuant to 24 section 455B.105, subsection 11 , paragraph “a” 455B.106 . 25 Notwithstanding the provisions of section 455B.105, subsection 26 11 , paragraph “b” 455B.106 , the fees collected pursuant to this 27 subsection shall be deposited in the solid waste account as 28 established in section 455E.11, subsection 2 , paragraph “a” , 29 to be used by the department for the regulation of these solid 30 waste disposal facilities. 31 Sec. 13. Section 459B.104, subsections 1 and 2, Code 2011, 32 are amended to read as follows: 33 1. The environmental protection commission director of the 34 department shall establish by rule adopted pursuant to chapter 35 -5- LSB 2017HC (4) 84 tm/rj 5/ 7

H.F. _____ 17A , requirements relating to the construction, including 1 expansion, or operation of dry bedded confinement feeding 2 operations, including related dry bedded manure confinement 3 feeding operation buildings and stockpiles. 4 2. Any provision referring generally to compliance with 5 the requirements of this chapter as applied to dry bedded 6 confinement feeding operations also includes compliance with 7 requirements in rules adopted by the environmental protection 8 commission director of the department pursuant to this section , 9 orders issued by the department as authorized under this 10 chapter , and the terms and conditions applicable to manure 11 management plans required under this chapter . 12 Sec. 14. INTENT. It is the intent of the general assembly 13 that upon the effective date of this Act, the director of 14 the department of natural resources shall have the powers 15 and duties and shall assume the sole responsibility for 16 proposing and adopting rules as necessary for the effective 17 administration of the duties of the department of natural 18 resources. All references in statute or rules to the 19 rulemaking authority of the natural resource commission or 20 the environmental protection commission of the department of 21 natural resources shall upon the effective date of this Act be 22 construed to refer only to the director of the department of 23 natural resources. 24 Sec. 15. APPLICABILITY. This Act applies to all rules 25 noticed or adopted after the effective date of this Act. If a 26 rule with an effective date prior to the effective date of this 27 Act is amended after the effective date of this Act, then the 28 provisions of this Act are applicable to the entire rule being 29 amended and not only to the precise portion of the rules that 30 is being amended. For purposes of applying the provisions of 31 this Act, the effective date of the amendment to a rule shall 32 be the new effective date of the rule as a whole. 33 Sec. 16. EFFECTIVE UPON ENACTMENT. This Act, being deemed 34 of immediate importance, takes effect upon enactment. 35 -6- LSB 2017HC (4) 84 tm/rj 6/ 7

H.F. _____ EXPLANATION 1 This bill relates to rulemaking authority of the department 2 of natural resources. 3 Currently, the environmental protection commission and the 4 natural resources commission both have rulemaking authority 5 for Code chapters administered by the department of natural 6 resources. The bill transfers the rulemaking authority for 7 both commissions to the director of the department of natural 8 resources. The bill makes conforming amendments. 9 The bill takes effect upon enactment. 10 -7- LSB 2017HC (4) 84 tm/rj 7/ 7