Senate File 169 - Introduced SENATE FILE 169 BY BEHN , CHAPMAN , HOUSER , GREINER , FEENSTRA , GUTH , ROZENBOOM , ANDERSON , BERTRAND , SEGEBART , CHELGREN , JOHNSON , BREITBACH , ZAUN , SINCLAIR , WHITVER , ZUMBACH , SCHNEIDER , KAPUCIAN , SORENSON , BOETTGER , and SMITH A BILL FOR An Act relating to the fiscal impact on cities of 1 administrative rules adopted by the environmental protection 2 commission. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1775XS (4) 85 tm/rj

S.F. 169 Section 1. Section 455B.104, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. a. By January 1, 2014, the department 3 shall submit a regulatory fiscal impact on cities report to the 4 governor and the general assembly. The report shall analyze 5 the fiscal impact of rules adopted by the commission on cities 6 over a ten-year period. At a minimum, the report shall analyze 7 in a summary format the rules adopted by the commission in each 8 chapter of the Iowa administrative code. For each chapter, at 9 a minimum, the department shall provide a description of the 10 probable quantitative and qualitative impact of the chapter, 11 economic or otherwise, upon affected cities, including a 12 description of the nature and amount of all of the different 13 kinds of costs that would be incurred in complying with the 14 chapter over a ten-year period. 15 b. As part of a notice of intended action or rule filed 16 without notice submitted pursuant to section 17A.4 by the 17 commission, the department shall submit to the commission 18 for inclusion in the notice a statement regarding the fiscal 19 impact of the proposed rule on cities. The statement shall 20 analyze the fiscal impact of the proposed rule on cities over a 21 ten-year period. The department shall provide a description 22 of the probable quantitative and qualitative impact of the 23 proposed rule, economic or otherwise, upon affected cities, 24 including a description of the nature and amount of all of the 25 different kinds of costs that would be incurred in complying 26 with the proposed rule over a ten-year period. 27 Sec. 2. Section 455B.105, subsection 3, Code 2013, is 28 amended to read as follows: 29 3. Adopt, modify, or repeal rules necessary to implement 30 this chapter , chapter 459 , chapter 459A , and chapter 459B , and 31 the rules deemed necessary for the effective administration 32 of the department. When the commission proposes or adopts 33 rules to implement a specific federal environmental program 34 and the rules impose requirements more restrictive than the 35 -1- LSB 1775XS (4) 85 tm/rj 1/ 3

S.F. 169 federal program being implemented requires, the commission 1 shall identify in its notice of intended action or adopted rule 2 preamble each rule that is more restrictive than the federal 3 program requires and shall state the reasons for proposing 4 or adopting the more restrictive requirement. In addition, 5 the commission shall include with its reasoning a financial 6 impact statement detailing the general impact upon the affected 7 parties. The commission shall include in a notice of intended 8 action or rule filed without notice the fiscal impact statement 9 submitted by the department pursuant to section 455B.104, 10 subsection 5. It is the intent of the general assembly that 11 the commission exercise strict oversight of the operations of 12 the department. The rules shall include departmental policy 13 relating to the disclosure of information on a violation 14 or alleged violation of the rules, standards, permits, or 15 orders issued by the department and keeping of confidential 16 information obtained by the department in the administration 17 and enforcement of this chapter , chapter 459 , chapter 459A , 18 and chapter 459B . Rules adopted by the executive committee 19 before January 1, 1981, shall remain effective until modified 20 or rescinded by action of the commission. 21 EXPLANATION 22 This bill relates to the fiscal impact on cities of 23 administrative rules adopted by the environmental protection 24 commission. 25 The bill requires the department of natural resources to 26 submit a regulatory fiscal impact on cities report to the 27 governor and the general assembly by January 1, 2014. The 28 report may be submitted in a summary format and shall provide 29 a description of the probable quantitative and qualitative 30 impact of each chapter of administrative rules adopted by the 31 environmental protection commission, economic or otherwise, 32 upon affected cities, including a description of the nature and 33 amount of all of the different kinds of costs that would be 34 incurred in complying with each chapter over a 10-year period. 35 -2- LSB 1775XS (4) 85 tm/rj 2/ 3

S.F. 169 The bill requires the department to provide the commission 1 with a fiscal impact statement for inclusion in a notice of 2 intended action. The statement shall analyze the fiscal impact 3 of the proposed rule on cities over a 10-year period. 4 -3- LSB 1775XS (4) 85 tm/rj 3/ 3