HOUSE FILE 660

BY  COMMITTEE ON WAYS AND MEANS

(SUCCESSOR TO HF 402)
(SUCCESSOR TO HSB 75)

(As Amended and Passed by the House 2011-04-12)

A BILL FOR

An Act relating to certain fees assessed for activities regulated under the federal Clean Air Act and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 455B.133, subsection 8, paragraph a, Code 2011, is amended to read as follows:
   a.
  (1)  Adopt rules consistent with the federal Clean Air Act Amendments of 1990, Pub. L. No. 101-549, which require the owner or operator of an air contaminant source to obtain an operating permit prior to operation of the source. The rules shall specify the information required to be submitted with the application for a permit and the conditions under which a permit may be granted, modified, suspended, terminated, revoked, reissued, or denied. For sources subject to the provisions of Tit. IV of the federal Clean Air Act Amendments of 1990, permit conditions shall include emission allowances for sulfur dioxide emissions. The commission may impose fees, including fees upon regulated pollutants emitted from an air contaminant source, in an amount sufficient to solely cover, on an annual basis, all reasonable costs, direct and indirect, required to develop and administer the permit program in conformance with the federal Clean Air Act Amendments of 1990, Pub. L. No. 101-549, as further defined in subparagraph (2). Affected units regulated under Tit. IV of the federal Clean Air Act Amendments of 1990, Pub. L. No. 101-549, shall pay operating permit fees in the same manner as other sources subject to operating permit requirements, except as provided in section 408 of the federal Act. The fees collected pursuant to this subsection shall be deposited in the air contaminant source fund created pursuant to section 455B.133B, and shall be utilized solely to cover all reasonable costs required to develop and administer the programs required by Tit. V of the federal Clean Air Act Amendments of 1990, Pub. L. No. 101-549, including the permit program pursuant to section 502 of the federal Act and the small business stationary source technical and environmental assistance program pursuant to section 507 of the federal Act.
   (2)  Not later than July 1, 2012, fees assessed under this subsection shall be sufficient solely to provide for the costs of developing and administering the operating permit program described in this subsection, which costs are limited to all of the following:
   (a)  Costs of preparing generally applicable regulations or guidance regarding the permit program or its implementation or enforcement.
   (b)  Costs of reviewing and acting on any application for a permit, permit revision, or permit renewal, including the development of an applicable requirement as part of the processing of a permit or permit revision or renewal.
   (c)  General administrative costs of administering the permit program, including the supporting and tracking of operating permit applications, compliance certification, and related data entry.
   (d)  Costs of implementing and enforcing the terms of an operating permit, not including any court costs or other costs associated with an enforcement action, including adequate resources to determine which sources are subject to the program.
   (e)  Costs of emissions and ambient monitoring.
   (f)  Costs of modeling, analyses, or demonstrations.
   (g)  Costs of preparing inventories and tracking emissions.
   (h)  Costs of providing direct and indirect support to sources under the federal Small Business Stationary Source Technical and Environmental Compliance Assistance Program pursuant to section 507 of the federal Clean Air Act.
   (3)  The operating permit program described in this subsection shall not include costs associated with a construction permitting program including general ambient air quality modeling and monitoring under such a program.
   (4)  Fees shall not be assessed for any permitting program under this subsection when the program exceeds in any way the requirements of the federal Clean Air Act Amendments of 1990, Pub. L. No. 101-549.
   (5)  Fees shall not be collected for greenhouse gas emissions.
   (6)  For purposes of this paragraph “a”,“permit” means an operating permit under this subsection.
   Sec. 2.  REPORTING.  For the fiscal year beginning July 1, 2011, the department of natural resources shall submit a report on a quarterly basis to the legislative services agency, the department of management, the members of the joint appropriations subcommittees on agriculture and natural resources, and the chairpersons and ranking members of the senate and house committees on appropriations. The report shall also be posted on the department’s website. The report shall include all of the following: 
   1.  Detailed itemizations of the expenditure of all moneys appropriated to the department to support the department’s administration, regulatory activities, and programs.
   2.  Detailed itemizations of moneys expended during the previous calendar quarter on activities related to section 455B.133, subsection 8, paragraph “a”.
   3.  Detailed itemizations of time spent during the previous calendar quarter by employees on activities related to chapter 455B, division II, part 1.
   Sec. 3.  EFFECTIVE DATE.  The section of this Act amending section 455B.133, subsection 8, paragraph “a”, takes effect July 1, 2012.