HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON ENVIRONMENTAL PROTECTION BILL BY CHAIRPERSON OLSON)

A BILL FOR

An Act relating to rulemaking authority of the department of natural resources and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 455A.4, subsection 1, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Except as otherwise provided by law and subject to rules adopted by the natural resource commission and the environmental protection commission, the director shall:
   Sec. 2.  Section 455A.4, subsection 1, paragraph i, Code 2011, is amended to read as follows:
   i.  Adopt rules in accordance with chapter 17A as necessary or desirable for the organization or reorganization of the department to provide for the administration of chapter 321G, 321I, 455B, 455C, 456A, 456B, 457A, 459, 459A, 459B, 461A, 462A, 462B, 464A, 465C, 481A, 481B, 483A, 484A, or 484B. Rulemaking authority held by the natural resource commission or the environmental protection commission is vested in the director upon the effective date of this Act. Rules adopted by the natural resource commission or the environmental protection commission prior to the effective date of this Act, shall remain effective until modified or rescinded by action of the director in accordance with the provisions of chapter 17A.
   Sec. 3.  Section 455A.5, subsection 6, paragraph a, Code 2011, is amended to read as follows:
   a.  Establish Recommend policyand adopt rules, pursuant to chapter 17A, necessary to provide for the effective administration of chapter 321G, 321I, 456A, 456B, 457A, 461A, 462A, 462B, 464A, 465C, 481A, 481B, 483A, 484A, or 484B.
   Sec. 4.  Section 455A.5, subsection 6, paragraph e, Code 2011, is amended by striking the paragraph.
   Sec. 5.  NEW SECTION.  455A.5A  Schedule of fees —— rules.
   1.  The director shall adopt, by rule, a schedule of fees for permits issued by the natural resource commission, including conditional permits, and a schedule of fees for administration of the permits. The fees shall be collected by the department and used to offset costs incurred in administrating a program for which the issuance of the permit is made or under which enforcement is carried out.
   2.  In determining the fee schedule, the director shall consider all of the following:
   a.  The reasonable costs associated with reviewing applications, issuing permits, and monitoring compliance with the terms of issued permits.
   b.  The relative benefits to the applicant and to the public of a permit review, permit issuance, and monitoring compliance with the terms of the permit.
   c.  The typical costs associated with a type of project or activity for which a permit is required.
   3.  However, a fee shall not exceed the actual costs incurred by the department.
   Sec. 6.  Section 455A.6, subsection 6, paragraph a, Code 2011, is amended to read as follows:
   a.  Establish Recommend policy for the departmentand adopt rules, pursuant to chapter 17A, necessary to provide for the effective administration of chapter 455B, 455C, or 459.
   Sec. 7.  Section 455B.103, subsection 1, Code 2011, is amended by striking the subsection and inserting in lieu thereof the following:
   1.  Adopt, modify, or repeal rules necessary to implement this chapter, chapter 455C, chapter 459, chapter 459A, and chapter 459B, only to the extent that the rules are consistent with the provisions of these chapters. Any rulemaking authority held by the commission is vested in the director upon the effective date of this Act. Rules adopted by the commission prior to the effective date of this Act shall remain in effect until modified or rescinded by action of the director in accordance with the provisions of chapter 17A. 
   a.  The director shall include in the preamble of a rule a statement referencing the authority delegated to the director pursuant to which the rule is adopted. The preamble for the rule shall indicate when the director is implementing a federal rule by reference and include a financial impact statement detailing the general impact of the rule upon the regulated parties. 
   b.  When proposing or adopting rules to implement a specific federal environmental program, the director shall not impose requirements more restrictive than the requirements of the federal program being implemented. 
   c.  When proposing or adopting rules, the director shall include departmental policy relating to the disclosure of information concerning a violation or alleged violation of the rules, standards, permits, or orders issued by the department and the confidentiality of information obtained by the department in the administration and enforcement of this chapter, chapter 455C, chapter 459, chapter 459A, and chapter 459B. 
   Sec. 8.  Section 455B.103, subsection 2, Code 2011, is amended by striking the subsection.
   Sec. 9.  Section 455B.105, subsections 3 and 11, Code 2011, are amended by striking the subsections.
   Sec. 10.  NEW SECTION.  455B.106  Schedule of fees —— rules.
   1.  The director shall adopt, by rule, procedures and forms necessary to implement the provisions of this chapter and chapters 459, 459A, and 459B relating to permits, conditional permits, and general permits.
   2.   The director may also adopt, by rule, a schedule of fees for permit and conditional permit applications and a schedule of fees which may be periodically assessed for administration of permits and conditional permits. In determining the fee schedules, the director shall consider:
   a.  The state’s reasonable cost of reviewing applications, issuing permits and conditional permits, and checking compliance with the terms of the permits. 
   b.  The relative benefits to the applicant and to the public of permit and conditional permit review, issuance, and monitoring compliance. It is the intention of the general assembly that permit fees shall not cover any costs connected with correcting violation of the terms of any permit and shall not impose unreasonable costs on any municipality.
   c.  The typical costs of the particular types of projects or activities for which permits or conditional permits are required, provided that in no circumstances shall fees be in excess of the actual costs to the department.
   3.  Except as otherwise provided in this chapter and chapter 459, fees collected by the department under this section shall be remitted to the treasurer of state and credited to the general fund of the state.
   4.  The director shall adopt rules for applications or permits related to the national pollutant discharge elimination system (NPDES) coverage as described in section 455B.197, including fees, only to the extent that the rules are consistent with that section.
   Sec. 11.  Section 455B.183A, subsection 2, Code 2011, is amended to read as follows:
   2.  The commission director shall adopt fees as required pursuant to section 455B.105 455B.106 for permits required for public water supply systems as provided in sections 455B.174 and 455B.183. Fees paid pursuant to this section shall not be subject to the sales or services tax. The fees shall be for each of the following:
   a.  The construction, installation, or modification of a public water supply system. The amount of the fees may be based on the type of system being constructed, installed, or modified.
   b.  The operation of a public water supply system, including any part of the system. The commission director shall adopt a fee schedule which shall be based on the total number of persons served by public water supply systems in this state. However, a public water supply system shall be assessed a fee of at least twenty-five dollars. A public water supply system not owned or operated by a community and serving a transient population shall be assessed a fee of twenty-five dollars. The commission director shall calculate all fees in the schedule to produce total revenues equaling three hundred fifty thousand dollars for each fiscal year, commencing with the fiscal year beginning July 1, 1995, and ending June 30, 1996. For each fiscal year, the fees shall be deposited into the public water supply system account. By May 1 of each year, the department shall estimate the total revenue expected to be collected from the overpayment of fees, which are all fees in excess of the amount of the total revenues which are expected to be collected under the current fee schedule, and the total revenue expected to be collected from the payment of fees during the next fiscal year. The commission director shall adjust the fees if the estimate exceeds the amount of revenue required to be deposited in the account pursuant to this paragraph.
   Sec. 12.  Section 455B.310, subsection 5, Code 2011, is amended to read as follows:
   5.  Solid waste disposal facilities with special provisions which limit the site to disposal of construction and demolition waste, landscape waste, coal combustion waste, cement kiln dust, foundry sand, and solid waste materials approved by the department for lining or capping, or for construction berms, dikes, or roads in a sanitary disposal project or sanitary landfill are exempt from the tonnage fees imposed under this section. However, solid waste disposal facilities under this subsection are subject to the fees imposed pursuant to section 455B.105, subsection 11, paragraph “a” 455B.106. Notwithstanding the provisions of section 455B.105, subsection 11, paragraph “b” 455B.106, the fees collected pursuant to this subsection shall be deposited in the solid waste account as established in section 455E.11, subsection 2, paragraph “a”, to be used by the department for the regulation of these solid waste disposal facilities.
   Sec. 13.  Section 459B.104, subsections 1 and 2, Code 2011, are amended to read as follows:
   1.  The environmental protection commission director of the department shall establish by rule adopted pursuant to chapter 17A, requirements relating to the construction, including expansion, or operation of dry bedded confinement feeding operations, including related dry bedded manure confinement feeding operation buildings and stockpiles.
   2.  Any provision referring generally to compliance with the requirements of this chapter as applied to dry bedded confinement feeding operations also includes compliance with requirements in rules adopted by the environmental protection commission director of the department pursuant to this section, orders issued by the department as authorized under this chapter, and the terms and conditions applicable to manure management plans required under this chapter.
   Sec. 14.  INTENT.  It is the intent of the general assembly that upon the effective date of this Act, the director of the department of natural resources shall have the powers and duties and shall assume the sole responsibility for proposing and adopting rules as necessary for the effective administration of the duties of the department of natural resources. All references in statute or rules to the rulemaking authority of the natural resource commission or the environmental protection commission of the department of natural resources shall upon the effective date of this Act be construed to refer only to the director of the department of natural resources. 
   Sec. 15.  APPLICABILITY.  This Act applies to all rules noticed or adopted after the effective date of this Act. If a rule with an effective date prior to the effective date of this Act is amended after the effective date of this Act, then the provisions of this Act are applicable to the entire rule being amended and not only to the precise portion of the rules that is being amended. For purposes of applying the provisions of this Act, the effective date of the amendment to a rule shall be the new effective date of the rule as a whole.
   Sec. 16.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill relates to rulemaking authority of the department of natural resources.
   Currently, the environmental protection commission and the natural resources commission both have rulemaking authority for Code chapters administered by the department of natural resources. The bill transfers the rulemaking authority for both commissions to the director of the department of natural resources. The bill makes conforming amendments.
   The bill takes effect upon enactment.