House File 660 - Reprinted HOUSE FILE 660 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 402) (SUCCESSOR TO HSB 75) (As Amended and Passed by the House April 12, 2011 ) A BILL FOR An Act relating to certain fees assessed for activities 1 regulated under the federal Clean Air Act and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 660 (3) 84 tm/nh/mb

H.F. 660 Section 1. Section 455B.133, subsection 8, paragraph a, 1 Code 2011, is amended to read as follows: 2 a. (1) Adopt rules consistent with the federal Clean Air 3 Act Amendments of 1990, Pub. L. No. 101-549, which require 4 the owner or operator of an air contaminant source to obtain 5 an operating permit prior to operation of the source. The 6 rules shall specify the information required to be submitted 7 with the application for a permit and the conditions under 8 which a permit may be granted, modified, suspended, terminated, 9 revoked, reissued, or denied. For sources subject to the 10 provisions of Tit. IV of the federal Clean Air Act Amendments 11 of 1990, permit conditions shall include emission allowances 12 for sulfur dioxide emissions. The commission may impose 13 fees, including fees upon regulated pollutants emitted from 14 an air contaminant source, in an amount sufficient to solely 15 cover , on an annual basis, all reasonable costs, direct and 16 indirect, required to develop and administer the permit program 17 in conformance with the federal Clean Air Act Amendments of 18 1990, Pub. L. No. 101-549 , as further defined in subparagraph 19 (2) . Affected units regulated under Tit. IV of the federal 20 Clean Air Act Amendments of 1990, Pub. L. No. 101-549, shall 21 pay operating permit fees in the same manner as other sources 22 subject to operating permit requirements, except as provided in 23 section 408 of the federal Act. The fees collected pursuant 24 to this subsection shall be deposited in the air contaminant 25 source fund created pursuant to section 455B.133B , and shall 26 be utilized solely to cover all reasonable costs required to 27 develop and administer the programs required by Tit. V of the 28 federal Clean Air Act Amendments of 1990, Pub. L. No. 101-549, 29 including the permit program pursuant to section 502 of the 30 federal Act and the small business stationary source technical 31 and environmental assistance program pursuant to section 507 32 of the federal Act. 33 (2) Not later than July 1, 2012, fees assessed under this 34 subsection shall be sufficient solely to provide for the costs 35 -1- HF 660 (3) 84 tm/nh/mb 1/ 3

H.F. 660 of developing and administering the operating permit program 1 described in this subsection, which costs are limited to all 2 of the following: 3 (a) Costs of preparing generally applicable regulations or 4 guidance regarding the permit program or its implementation or 5 enforcement. 6 (b) Costs of reviewing and acting on any application 7 for a permit, permit revision, or permit renewal, including 8 the development of an applicable requirement as part of the 9 processing of a permit or permit revision or renewal. 10 (c) General administrative costs of administering the 11 permit program, including the supporting and tracking of 12 operating permit applications, compliance certification, and 13 related data entry. 14 (d) Costs of implementing and enforcing the terms of an 15 operating permit, not including any court costs or other costs 16 associated with an enforcement action, including adequate 17 resources to determine which sources are subject to the 18 program. 19 (e) Costs of emissions and ambient monitoring. 20 (f) Costs of modeling, analyses, or demonstrations. 21 (g) Costs of preparing inventories and tracking emissions. 22 (h) Costs of providing direct and indirect support to 23 sources under the federal Small Business Stationary Source 24 Technical and Environmental Compliance Assistance Program 25 pursuant to section 507 of the federal Clean Air Act. 26 (3) The operating permit program described in this 27 subsection shall not include costs associated with a 28 construction permitting program including general ambient air 29 quality modeling and monitoring under such a program. 30 (4) Fees shall not be assessed for any permitting program 31 under this subsection when the program exceeds in any way the 32 requirements of the federal Clean Air Act Amendments of 1990, 33 Pub. L. No. 101-549. 34 (5) Fees shall not be collected for greenhouse gas 35 -2- HF 660 (3) 84 tm/nh/mb 2/ 3

H.F. 660 emissions. 1 (6) For purposes of this paragraph “a” , “permit” means an 2 operating permit under this subsection. 3 Sec. 2. REPORTING. For the fiscal year beginning July 4 1, 2011, the department of natural resources shall submit 5 a report on a quarterly basis to the legislative services 6 agency, the department of management, the members of the 7 joint appropriations subcommittees on agriculture and natural 8 resources, and the chairpersons and ranking members of the 9 senate and house committees on appropriations. The report 10 shall also be posted on the department’s website. The report 11 shall include all of the following: 12 1. Detailed itemizations of the expenditure of all moneys 13 appropriated to the department to support the department’s 14 administration, regulatory activities, and programs. 15 2. Detailed itemizations of moneys expended during the 16 previous calendar quarter on activities related to section 17 455B.133, subsection 8, paragraph “a”. 18 3. Detailed itemizations of time spent during the previous 19 calendar quarter by employees on activities related to chapter 20 455B, division II, part 1. 21 Sec. 3. EFFECTIVE DATE. The section of this Act amending 22 section 455B.133, subsection 8, paragraph “a”, takes effect 23 July 1, 2012. 24 -3- HF 660 (3) 84 tm/nh/mb 3/ 3