SF 169 (LSB 1775XS (4) 85)

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 administrative rules adopted by the environmental protection commission.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455B.104, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.
  a.  By January 1, 2014, the department shall submit a regulatory fiscal impact on cities report to the governor and the general assembly. The report shall analyze the fiscal impact of rules adopted by the commission on cities over a ten-year period. At a minimum, the report shall analyze in a summary format the rules adopted by the commission in each chapter of the Iowa administrative code. For each chapter, at a minimum, the department shall provide a description of the probable quantitative and qualitative impact of the chapter, economic or otherwise, upon affected cities, including a description of the nature and amount of all of the different kinds of costs that would be incurred in complying with the chapter over a ten-year period.
   b.  As part of a notice of intended action or rule filed without notice submitted pursuant to section 17A.4 by the commission, the department shall submit to the commission for inclusion in the notice a statement regarding the fiscal impact of the proposed rule on cities. The statement shall analyze the fiscal impact of the proposed rule on cities over a ten-year period. The department shall provide a description of the probable quantitative and qualitative impact of the proposed rule, economic or otherwise, upon affected cities, including a description of the nature and amount of all of the different kinds of costs that would be incurred in complying with the proposed rule over a ten-year period.
    Sec. 2.  Section 455B.105, subsection 3, Code 2013, is amended to read as follows:
   3.  Adopt, modify, or repeal rules necessary to implement this chapter, chapter 459, chapter 459A, and chapter 459B, and the rules deemed necessary for the effective administration of the department. When the commission proposes or adopts rules to implement a specific federal environmental program and the rules impose requirements more restrictive than the federal program being implemented requires, the commission shall identify in its notice of intended action or adopted rule preamble each rule that is more restrictive than the federal program requires and shall state the reasons for proposing or adopting the more restrictive requirement. In addition, the commission shall include with its reasoning a financial impact statement detailing the general impact upon the affected parties.

The commission shall include in a notice of intended action or rule filed without notice the fiscal impact statement submitted by the department pursuant to section 455B.104, subsection 5. It is the intent of the general assembly that the commission exercise strict oversight of the operations of the department. The rules shall include departmental policy relating to the disclosure of information on a violation or alleged violation of the rules, standards, permits, or orders issued by the department and keeping of confidential information obtained by the department in the administration and enforcement of this chapter, chapter 459, chapter 459A, and chapter 459B. Rules adopted by the executive committee before January 1, 1981, shall remain effective until modified or rescinded by action of the commission.
EXPLANATION
   This bill relates to the fiscal impact on cities of administrative rules adopted by the environmental protection commission.
   The bill requires the department of natural resources to submit a regulatory fiscal impact on cities report to the governor and the general assembly by January 1, 2014. The report may be submitted in a summary format and shall provide a description of the probable quantitative and qualitative impact of each chapter of administrative rules adopted by the environmental protection commission, economic or otherwise, upon affected cities, including a description of the nature and amount of all of the different kinds of costs that would be incurred in complying with each chapter over a 10-year period.
   The bill requires the department to provide the commission with a fiscal impact statement for inclusion in a notice of intended action. The statement shall analyze the fiscal impact of the proposed rule on cities over a 10-year period.