HF 847 (LSB 1460HV (1) 91)

HOUSE FILE 847

BY  COMMITTEE ON NATURAL RESOURCES

(SUCCESSOR TO HSB 103)

(COMPANION TO SF 338 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT)

A BILL FOR

An Act relating to duties of the department of natural resources related to air quality including reporting requirements, certifications, data gathering, and rules references.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455B.104, subsection 4, Code 2025, is amended to read as follows:
   4.  By December 31 of each year, the department shall submit a report to the governor and the general assembly regarding the greenhouse gas emissions in the state during the previous calendar year and forecasting trends in such emissions that occurred during the two calendar years prior to the current calendar year. The first submission by the department shall be filed by December 31, 2011, for the calendar year beginning January 1, 2010.  If completed, the publication of an annual statewide greenhouse gas inventory for the state by the United States environmental protection agency shall satisfy this requirement.
    Sec. 2.  Section 455B.133B, subsection 5, paragraph a, Code 2025, is amended to read as follows:
   a.  The air emission fee account shall include all fees established by the commission to be imposed and collected by the department for emission fees for regulated pollutants submitted by major sources as defined in section 502 of the federal Clean Air Act Amendments of 1990, 42 U.S.C. §7661, and as defined in 
567 IAC ch. 22
 by the commission by rule pursuant to section 455B.133.
    Sec. 3.  Section 455B.133B, subsection 6, paragraph a, Code 2025, is amended to read as follows:
   a.  The operating permit application fee account shall include all fees established by the commission to be imposed and collected by the department for accepting applications for operating permits submitted by major sources as defined in section 502 of the federal Clean Air Act Amendments of 1990, 42 U.S.C. §7661, and as defined in 
567 IAC ch. 22
 by the commission by rule pursuant to section 455B.133.
    Sec. 4.  Section 455B.304, subsection 12, Code 2025, is amended by striking the subsection.
    Sec. 5.  REPEAL.  Section 455B.152, Code 2025, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to duties of the department of natural resources (DNR) related to air quality.
   Under current law, DNR is required to submit a report to the governor and general assembly yearly by December 31 regarding greenhouse gas emissions in the state during the previous calendar year. Pursuant to the Consolidated Appropriations Act of 2008, the United States environmental protection agency (EPA) has started conducting annual statewide greenhouse gas inventories. These inventories cover the year prior to the previous year. The bill changes the time frame covered by the report to include emissions that occurred two calendar years prior to the current calendar year to align with EPA’s schedule and allows the EPA inventory, if completed, to fulfill the reporting requirement.
   As a result of administrative code realignment, rules relating to emission fees and operating permits previously in 567 IAC ch. 22 were moved to 567 IAC ch. 24. The bill removes specified rule references to conform to the Iowa administrative code change.
   The bill removes a provision requiring the environmental protection commission to adopt rules for the certification of solid waste incinerator operators.
   Under current law, DNR is required to create a greenhouse gas inventory by gathering data and reporting information from producers of greenhouse gases regarding their emissions and coordinate this data collection with EPA. Additionally, DNR is required to establish a voluntary greenhouse gas registry. The bill repeals these requirements. Federal regulations provide requirements for greenhouse gas reporting and a voluntary greenhouse gas registry.