Senate
File
488
-
Reprinted
SENATE
FILE
488
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
SF
382)
(SUCCESSOR
TO
SSB
1222)
(As
Amended
and
Passed
by
the
Senate
April
13,
2015
)
A
BILL
FOR
An
Act
relating
to
air
quality,
by
providing
for
the
1
establishment,
imposition,
and
collection
of
fees,
the
2
creation
or
administration
of
funds
and
programs,
making
3
appropriations,
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
SF
488
(2)
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S.F.
488
Section
1.
Section
455B.133,
subsection
8,
paragraph
a,
1
Code
2015,
is
amended
to
read
as
follows:
2
a.
(1)
Adopt
rules
consistent
with
the
federal
Clean
3
Air
Act
Amendments
of
1990,
Pub.
L.
No.
101-549,
including
4
those
amendments
effective
on
January
1,
1991,
regulations
5
promulgated
by
the
United
States
environmental
protection
6
agency
pursuant
to
that
Act,
the
provisions
of
this
chapter,
7
and
rules
adopted
by
the
commission
pursuant
to
this
chapter,
8
which
require
the
owner
or
operator
of
an
air
contaminant
9
source
to
obtain
an
operating
permit
prior
to
operation
of
the
10
source.
The
rules
shall
specify
the
information
required
to
be
11
submitted
with
the
application
for
a
an
operating
permit
and
12
the
conditions
under
which
a
permit
may
be
granted,
modified,
13
suspended,
terminated,
revoked,
reissued,
or
denied.
For
14
sources
subject
to
the
provisions
of
Tit.
IV
of
the
federal
15
Clean
Air
Act
Amendments
of
1990,
operating
permit
conditions
16
shall
include
emission
allowances
for
sulfur
dioxide
emissions.
17
(2)
(a)
The
commission
may
impose
establish
fees
to
be
18
imposed
and
collected
by
the
department
,
including
operating
19
permit
application
fees
and
fees
upon
regulated
pollutants
20
emitted
from
an
air
contaminant
source,
in
an
amount
sufficient
21
to
cover
,
on
a
state
fiscal
year
basis
as
described
in
section
22
455B.133B,
all
reasonable
costs,
direct
and
indirect,
required
23
to
develop
implement
and
administer
the
operating
permit
24
program
as
described
in
subparagraph
(1)
in
conformance
with
25
the
federal
Clean
Air
Act
Amendments
of
1990
,
Pub.
L.
No.
26
101-549
.
Affected
units
regulated
under
Tit.
IV
of
the
federal
27
Clean
Air
Act
Amendments
of
1990
,
Pub.
L.
No.
101-549,
shall
28
pay
operating
permit
fees
in
the
same
manner
as
other
sources
29
subject
to
operating
permit
requirements,
except
as
provided
in
30
section
408
of
the
federal
that
Act.
31
(b)
The
fees
collected
by
the
department
pursuant
to
this
32
subsection
subparagraph
division
(a)
shall
be
deposited
in
33
credited
to
the
appropriate
accounts
of
the
air
contaminant
34
source
fund
created
pursuant
to
section
455B.133B
,
and
shall
35
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488
be
utilized
solely
to
cover
all
reasonable
costs
required
to
1
develop
implement
and
administer
the
programs
required
by
Tit.
2
V
of
the
federal
Clean
Air
Act
Amendments
of
1990,
Pub.
L.
3
No.
101-549
,
including
the
operating
permit
program
pursuant
4
to
section
502
of
the
federal
that
Act
and
the
small
business
5
stationary
source
technical
and
environmental
assistance
6
program
pursuant
to
section
507
of
the
federal
that
Act.
The
7
amount
of
the
fees
credited
to
and
expended
from
each
account
8
of
the
air
contaminant
source
fund
shall
be
subject
to
the
9
limitations
provided
in
section
455B.133B.
10
(c)
Fees
established
pursuant
to
this
subparagraph
11
(2)
shall
not
be
imposed
for
the
regulation
of
an
activity
12
that
exceeds
the
requirements
of
the
federal
Clean
Air
Act
13
Amendments
of
1990.
14
Sec.
2.
Section
455B.133B,
Code
2015,
is
amended
to
read
as
15
follows:
16
455B.133B
Air
contaminant
source
fund
created
——
fees
and
17
appropriations
.
18
1.
As
used
in
this
section,
unless
the
context
otherwise
19
requires:
20
a.
“Federal
Clean
Air
Act
Amendments
of
1990”
means
Pub.
21
L.
No.
101-549,
including
those
amendments
effective
on
22
January
1,
1991,
regulations
promulgated
by
the
United
States
23
environmental
protection
agency
pursuant
to
that
Act,
the
24
provisions
of
this
chapter,
and
rules
adopted
by
the
commission
25
pursuant
to
this
chapter.
26
b.
“State
fiscal
year”
means
the
fiscal
year
described
in
27
section
3.12.
28
2.
An
air
contaminant
source
fund
is
created
in
the
office
29
of
the
treasurer
of
state
under
the
control
of
the
department.
30
The
fund
shall
be
composed
of
an
air
emission
fee
account
and
31
an
operating
permit
application
fee
account
as
provided
in
this
32
section.
33
1.
Moneys
received
from
the
fees
assessed
pursuant
to
34
section
455B.133,
subsection
8
,
shall
be
deposited
in
the
fund.
35
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2.
Moneys
in
the
fund
shall
be
used
solely
to
defray
1
the
costs
related
to
the
permit,
monitoring,
and
inspection
2
program,
including
the
small
business
stationary
source
3
technical
and
environmental
compliance
assistance
program
4
required
pursuant
to
the
federal
Clean
Air
Act
Amendments
of
5
1990,
section
502,
Pub.
L.
No.
101-549,
and
as
provided
in
6
section
455B.133A
.
7
3.
In
establishing
fees
to
be
imposed
and
collected
by
the
8
department
pursuant
to
section
455B.133,
subsection
8,
the
9
commission
shall
use
the
calculated
estimate
described
in
this
10
section.
The
fees
collected
pursuant
to
section
455B.133,
11
subsection
8,
shall
be
credited
to
the
fund.
The
fund
may
12
include
any
other
moneys
appropriated
by
the
general
assembly
13
or
otherwise
available
to
and
obtained
or
accepted
by
the
14
department
for
deposit
in
the
fund.
15
4.
a.
The
commission
shall
establish
each
fee
amount
based
16
on
the
department’s
calculated
estimate
of
total
revenues
from
17
all
fees
predicted
to
be
credited
to
each
account
in
the
fund,
18
but
not
to
exceed
a
ceiling
amount
for
each
account
as
provided
19
in
this
section.
However,
this
subsection
does
not
require
20
that
an
account
have
a
zero
ending
balance
at
the
close
of
a
21
state
fiscal
year.
22
b.
Each
state
fiscal
year
the
department
shall
recompute
its
23
calculated
estimate
and
obtain
approval
from
the
commission
if
24
an
established
fee
amount
must
be
adjusted.
25
c.
(1)
The
department
shall
annually
convene
a
Title
V
fees
26
stakeholder
meeting.
The
department
shall
provide
a
report
on
27
the
fees
and
budgets
to
the
stakeholders.
The
department
shall
28
consider
any
recommendations
of
the
stakeholders
when
computing
29
its
calculated
estimate
for
the
following
state
fiscal
year.
30
(2)
A
person
invited
to
attend
a
stakeholder
meeting
is
not
31
entitled
to
receive
a
per
diem
as
specified
in
section
7E.6
and
32
shall
be
not
reimbursed
for
expenses
incurred
while
attending
33
the
meeting.
34
5.
a.
The
air
emission
fee
account
shall
include
all
fees
35
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established
by
the
commission
to
be
imposed
and
collected
by
1
the
department
for
emission
fees
for
regulated
pollutants
2
submitted
by
major
sources
as
defined
in
section
502
of
the
3
federal
Clean
Air
Act
Amendments
of
1990,
42
U.S.C.
§7661,
and
4
as
defined
in
567
IAC
ch.
22.
5
b.
(1)
The
department’s
calculated
estimate
for
the
6
air
emission
fee
account
shall
be
computed
to
produce
total
7
revenues
sufficient
to
pay
for
reasonable
direct
and
indirect
8
costs
of
implementing
and
administering
the
operating
permit
9
program
as
provided
in
section
455B.133,
subsection
8,
on
a
10
state
fiscal
year
basis.
11
(2)
The
reasonable
direct
and
indirect
costs
described
in
12
subparagraph
(1)
shall
be
limited
to
all
of
the
following:
13
(a)
General
administrative
costs
of
administering
the
14
operating
permit
program,
including
the
supporting
and
tracking
15
of
operating
permit
applications,
compliance
certification,
and
16
related
data
entry.
17
(b)
Costs
of
implementing
and
enforcing
the
terms
of
an
18
operating
permit,
not
including
any
court
costs
or
other
costs
19
associated
with
an
enforcement
action,
including
adequate
20
resources
to
determine
which
sources
are
subject
to
the
21
program.
22
(c)
Costs
of
emissions
and
ambient
site-specific
monitors.
23
(d)
Costs
of
Title
V
source-specific
modeling,
analyses,
or
24
demonstrations.
25
(e)
Costs
of
preparing
inventories
and
tracking
emissions.
26
(f)
Costs
of
providing
direct
support
to
sources
under
the
27
small
business
stationary
source
technical
and
environmental
28
compliance
assistance
program
as
provided
in
section
455B.133A.
29
(3)
The
department
shall
not
include
in
its
computations
for
30
a
calculated
estimate,
and
the
commission
shall
not
establish
31
fees,
for
greenhouse
gas
emissions
as
defined
in
40
C.F.R.
32
§70.12.
33
c.
The
department’s
calculated
estimate
for
the
air
emission
34
fee
account
shall
not
produce
total
revenues
in
excess
of
eight
35
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million
two
hundred
fifty
thousand
dollars
during
any
state
1
fiscal
year.
2
d.
(1)
Moneys
in
the
air
emission
fee
account
are
3
appropriated
to
the
department
to
pay
for
the
reasonable
direct
4
and
indirect
costs
specified
in
paragraph
“b”
,
subparagraph
5
(2).
6
(2)
Notwithstanding
subparagraph
(1),
moneys
in
the
air
7
emission
fee
account
are
also
appropriated
to
the
department
to
8
pay
for
costs
associated
with
implementing
and
administering
9
regulatory
activities,
including
programs,
provided
for
in
10
division
II
of
this
chapter,
other
than
costs
covered
by
any
11
of
the
following:
12
(a)
Operating
permit
application
fees
credited
to
the
13
operating
permit
application
fee
account
as
provided
in
14
subsection
6.
15
(b)
New
source
review
application
fees
credited
to
the
major
16
source
account
of
the
air
quality
fund
as
provided
in
section
17
455B.133C,
subsection
5.
18
(c)
New
source
review
application
fees
credited
to
the
minor
19
source
account
of
the
air
quality
fund
as
provided
in
section
20
455B.133C,
subsection
6.
21
(d)
Notification
fees
credited
to
the
asbestos
account
22
of
the
air
quality
fund
as
provided
in
section
455B.133C,
23
subsection
7.
24
6.
a.
The
operating
permit
application
fee
account
shall
25
include
all
fees
established
by
the
commission
to
be
imposed
26
and
collected
by
the
department
for
accepting
applications
for
27
operating
permits
submitted
by
major
sources
as
defined
in
28
section
502
of
the
federal
Clean
Air
Act
Amendments
of
1990,
42
29
U.S.C.
§7661,
and
as
defined
in
567
IAC
ch.
22.
30
b.
(1)
The
department’s
calculated
estimate
for
the
31
operating
permit
application
fee
account
shall
be
computed
to
32
produce
total
revenues
sufficient
to
provide
for
the
reasonable
33
direct
and
indirect
costs
of
implementing
and
administering
34
operating
permit
programs
described
in
paragraph
“a”
.
35
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(2)
The
reasonable
direct
and
indirect
costs
described
in
1
subparagraph
(1)
shall
be
limited
to
all
of
the
following:
2
(a)
Costs
of
reviewing
and
acting
on
any
application
for
an
3
operating
permit
or
operating
permit
revision.
4
(b)
General
administrative
costs
of
administering
the
5
operating
permit
program,
including
the
supporting
and
tracking
6
of
operating
permit
applications
and
related
data
entry.
7
c.
The
department’s
calculated
estimate
for
the
operating
8
permit
application
fee
account
shall
not
produce
total
revenues
9
in
excess
of
one
million
two
hundred
fifty
thousand
dollars
10
during
any
state
fiscal
year.
11
d.
Moneys
in
the
operating
permit
application
fee
account
12
are
appropriated
to
the
department
to
pay
for
reasonable
direct
13
and
indirect
costs
specified
in
paragraph
“b”
,
subparagraph
14
(2).
15
7.
a.
The
commission
or
department
shall
not
transfer
16
moneys
credited
from
one
account
to
another
account
of
the
17
fund.
18
b.
Notwithstanding
section
8.33
,
any
unexpended
balance
in
19
the
an
account
of
the
fund
at
the
end
of
each
state
fiscal
year
20
shall
be
retained
in
the
fund
that
account
.
21
c.
Notwithstanding
section
12C.7
,
any
interest
and
earnings
22
on
investments
from
money
moneys
in
the
fund
an
account
of
the
23
fund
shall
be
credited
to
the
fund
that
account
.
24
Sec.
3.
NEW
SECTION
.
455B.133C
Air
quality
fund
——
fees
and
25
appropriations.
26
1.
As
used
in
this
section,
unless
the
context
otherwise
27
requires:
28
a.
“Federal
Clean
Air
Act
Amendments
of
1990”
means
the
same
29
as
defined
in
section
455B.133B.
30
b.
“State
fiscal
year”
means
the
fiscal
year
described
in
31
section
3.12.
32
2.
An
air
quality
fund
is
created
in
the
office
of
the
33
treasurer
of
state
under
the
control
of
the
department.
The
34
fund
shall
be
composed
of
a
major
source
account,
a
minor
35
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488
source
account,
and
an
asbestos
account
as
provided
in
this
1
section.
2
3.
The
commission
may
establish
fees
to
be
imposed
and
3
collected
by
the
department
upon
air
contaminant
sources
4
required
by
567
IAC
ch.
22,
31,
or
33,
to
obtain
a
permit,
5
registration,
template,
or
permit
by
rule,
or
to
provide
6
notification
under
567
IAC
23.1(3).
In
establishing
the
fees,
7
the
commission
shall
use
the
calculated
estimate
described
in
8
this
section.
The
fees
collected
shall
be
credited
to
the
9
fund.
The
fund
may
include
any
other
moneys
appropriated
by
10
the
general
assembly
or
otherwise
available
to
and
obtained
or
11
accepted
by
the
department
for
deposit
in
the
fund.
12
4.
a.
The
commission
shall
establish
each
fee
amount
based
13
on
the
department’s
calculated
estimate
of
total
revenues
from
14
all
fees
predicted
to
be
credited
to
each
account
in
the
fund,
15
but
not
to
exceed
a
ceiling
amount
for
each
account
as
provided
16
in
this
section.
However,
this
subsection
does
not
require
17
that
an
account
have
a
zero
ending
balance
at
the
close
of
a
18
state
fiscal
year.
19
b.
Each
state
fiscal
year
the
department
shall
recompute
its
20
calculated
estimate
and
obtain
approval
from
the
commission
if
21
an
established
fee
amount
must
be
adjusted.
22
c.
(1)
The
department
shall
annually
convene
air
quality
23
fees
stakeholder
meetings.
The
department
shall
provide
a
24
report
on
the
fees
and
budgets
to
the
stakeholders
regarding
25
each
account
described
in
this
section.
The
department
shall
26
consider
any
recommendations
of
the
stakeholders
when
computing
27
its
calculated
estimate
for
the
following
state
fiscal
year.
28
(2)
A
person
invited
to
attend
a
stakeholder
meeting
is
not
29
entitled
to
receive
a
per
diem
as
specified
in
section
7E.6
and
30
shall
be
not
reimbursed
for
expenses
incurred
while
attending
31
the
meeting.
32
5.
a.
The
major
source
account
shall
include
all
fees
33
established
by
the
commission
to
be
imposed
and
collected
34
by
the
department
for
accepting
applications
for
new
source
35
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review
permits
including
permit
revisions
submitted
by
major
1
sources
as
defined
in
section
502
of
the
federal
Clean
Air
Act
2
Amendments
of
1990,
42
U.S.C.
§7661,
under
new
source
review
3
programs
pursuant
to
that
federal
Act,
including
as
provided
4
under
567
IAC
ch.
22,
31,
and
33.
5
b.
(1)
The
department’s
calculated
estimate
for
the
major
6
source
account
shall
be
computed
to
produce
total
revenues
7
sufficient
to
pay
for
reasonable
direct
and
indirect
costs
8
of
implementing
and
administering
new
source
review
programs
9
described
in
paragraph
“a”
on
a
state
fiscal
year
basis.
10
(2)
The
reasonable
direct
and
indirect
costs
described
in
11
subparagraph
(1)
shall
be
limited
to
all
of
the
following:
12
(a)
Reviewing
and
acting
on
any
application
for
a
new
13
source
review
permit,
including
the
determination
of
all
14
applicable
requirements
and
dispersion
modeling
as
part
of
the
15
processing
of
a
permit
or
permit
revision,
or
an
applicability
16
determination.
17
(b)
General
administrative
costs
of
administering
new
18
source
review
programs
including
supporting
and
tracking
of
any
19
application
for
a
new
source
review
permit
and
related
data
20
entry.
21
(c)
(i)
Developing
and
implementing
an
expedited
new
source
22
review
permit
application
process.
23
(ii)
Additional
fees
associated
with
subparagraph
24
subdivision
(i).
25
c.
(1)
The
department’s
calculated
estimate
for
the
major
26
source
account
shall
not
produce
total
revenues
in
excess
of
27
one
million
five
hundred
thousand
dollars
during
any
state
28
fiscal
year.
29
(2)
Notwithstanding
subparagraph
(1),
the
department’s
30
calculated
estimate
for
the
major
source
account
shall
not
31
include
the
additional
fees
described
in
paragraph
“b”
,
32
subparagraph
(2),
subparagraph
division
(c),
subparagraph
33
subdivision
(ii).
34
d.
Moneys
in
the
major
source
account
are
appropriated
to
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the
department
to
pay
for
reasonable
direct
and
indirect
costs
1
of
implementing
and
administering
new
source
review
programs
as
2
specified
in
paragraph
“b”
,
subparagraph
(2).
3
6.
a.
The
minor
source
account
shall
include
all
fees
4
established
by
the
commission
to
be
imposed
and
collected
5
by
the
department
for
accepting
applications
submitted
by
6
minor
air
contaminant
sources
for
construction
permits
or
for
7
providing
for
registrations,
permits
by
rule,
or
template
8
permits
in
lieu
of
obtaining
construction
permits,
under
minor
9
source
new
source
review
programs
pursuant
to
the
federal
Clean
10
Air
Act
Amendments
of
1990,
including
as
provided
under
567
IAC
11
ch.
22.
12
b.
(1)
The
department’s
calculated
estimate
for
the
minor
13
source
account
shall
be
computed
to
produce
total
revenues
14
sufficient
to
pay
for
reasonable
direct
and
indirect
costs
of
15
implementing
and
administering
minor
source
new
source
review
16
programs
as
described
in
paragraph
“a”
on
a
state
fiscal
year
17
basis.
18
(2)
The
reasonable
direct
and
indirect
costs
described
in
19
subparagraph
(1)
shall
include
costs
associated
with
a
new,
20
modified,
or
existing
minor
air
contaminant
source,
and
related
21
control
equipment.
22
c.
The
department’s
calculated
estimate
for
the
minor
source
23
account
shall
not
produce
total
revenues
in
excess
of
two
24
hundred
fifty
thousand
dollars
during
any
state
fiscal
year.
25
d.
Moneys
in
the
minor
source
account
are
appropriated
26
to
the
department
to
pay
for
reasonable
direct
and
indirect
27
costs
of
implementing
and
administering
minor
source
new
source
28
review
programs
as
specified
in
paragraph
“b”
.
29
7.
a.
The
asbestos
account
shall
include
all
fees
30
established
by
the
commission
to
be
imposed
and
collected
by
31
the
department
for
accepting
notifications
involving
demolition
32
or
renovation
projects
under
the
asbestos
national
emission
33
standard
for
hazardous
air
pollutants
program
pursuant
to
567
34
IAC
ch.
23.
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b.
The
department’s
calculated
estimate
for
the
asbestos
1
account
shall
be
computed
to
produce
total
revenues
sufficient
2
to
pay
for
reasonable
direct
and
indirect
costs
of
implementing
3
and
administering
the
asbestos
national
emission
standard
for
4
hazardous
air
pollutants
program
as
provided
in
paragraph
“a”
5
on
a
state
fiscal
year
basis.
6
c.
The
department’s
calculated
estimate
for
the
asbestos
7
account
shall
not
produce
total
revenues
in
excess
of
four
8
hundred
fifty
thousand
dollars
during
any
state
fiscal
year.
9
d.
Moneys
in
the
asbestos
account
are
appropriated
to
the
10
department
to
pay
for
reasonable
direct
and
indirect
costs
of
11
implementing
and
administering
the
asbestos
national
emission
12
standard
for
hazardous
air
pollutants
program
as
specified
in
13
paragraph
“b”
.
14
8.
Fees
established
pursuant
to
this
section
shall
not
be
15
imposed
for
the
regulation
of
an
activity
that
exceeds
the
16
requirements
of
the
federal
Clean
Air
Act
Amendments
of
1990.
17
9.
a.
The
commission
or
department
shall
not
transfer
18
moneys
credited
from
one
account
to
another
account
of
the
19
fund.
20
b.
Notwithstanding
section
8.33,
any
unexpended
balance
in
21
an
account
of
the
fund
at
the
end
of
each
state
fiscal
year
22
shall
be
retained
in
that
account.
23
c.
Notwithstanding
section
12C.7,
any
interest
and
earnings
24
on
investments
from
moneys
in
an
account
of
the
fund
shall
be
25
credited
to
that
account.
26
Sec.
4.
EFFECTIVE
DATE
OF
FEES.
Notwithstanding
section
27
455B.133B,
as
amended
in
this
Act,
or
section
455B.133C,
as
28
enacted
in
this
Act,
the
environmental
protection
commission
29
may
establish
a
designated
fee
effective
on
and
after
January
30
1,
2016.
A
designated
fee
is
limited
to
a
fee
required
under
31
this
Act
to
be
credited
to
any
of
the
following
funds
or
32
accounts:
33
1.
For
the
air
contaminant
source
fund,
the
operating
permit
34
application
fee
account
as
provided
in
section
455B.133B,
35
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subsection
6,
as
enacted
in
this
Act.
1
2.
For
the
air
quality
fund,
any
of
the
following:
2
a.
The
major
source
account
as
provided
in
section
3
455B.133C,
subsection
5,
as
enacted
in
this
Act.
4
b.
The
minor
source
account
as
provided
in
section
5
455B.133C,
subsection
6,
as
enacted
in
this
Act.
6
c.
The
asbestos
account
as
provided
in
section
455B.133C,
7
subsection
7,
as
enacted
in
this
Act.
8
Sec.
5.
CONTINUING
EFFECTIVENESS
OF
EXISTING
FEES.
Any
9
fee
established
by
the
environmental
protection
commission
10
pursuant
to
section
455B.133,
subsection
8,
which
is
in
effect
11
immediately
prior
to
the
effective
date
of
this
Act
shall
12
remain
in
effect
and
shall
be
subject
to
the
provisions
of
this
13
Act.
The
fee
amount
for
such
a
fee
in
effect
immediately
prior
14
to
the
effective
date
of
this
Act
shall
remain
in
effect
until
15
such
fee
amount
is
adjusted
by
the
commission
as
provided
in
16
this
Act.
17
Sec.
6.
TRANSFER
OF
MONEYS.
Any
moneys
remaining
in
the
18
air
contaminant
source
fund,
as
created
in
section
455B.133B,
19
on
the
effective
date
of
this
Act,
shall
be
transferred
to
the
20
air
emission
fee
account
established
within
the
air
contaminant
21
source
fund
as
provided
in
this
Act.
22
Sec.
7.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
23
immediate
importance,
takes
effect
upon
enactment.
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