Sierra Colleagues:
We have passed the Second Funnel, of the 2008 Legislative Session. By
close of business bills week, bills had to be reported out of
committee in their chamber of origin, passed and reported out of
committee in the second chamer, or have an opposite chamber companion
bill, in order to be eligible for further consideration this Session.
So the last three weeks have been a mad scramble with no time to
ponder between subcommittee meetings and committee meetings, and
coalition strategy meetings...a high time!
We are entering the final run-up to Session end, probably by April
22-24.
Among Sierra’s priority issues for this Session, here are my notes on
bills, their prospects and actions so far:
Septic Tanks Inspection Bill Signed by the Governor!
SF 261 A bill for an act requiring certain private sewage disposal
system-related inspections to be conducted when certain property is
sold or transferred. This is one we have worked on for two years. It
was signed into law by the Governor on 2/25/2008!
Sustainable Funding for Natural Resources:
This may be the significant ‘win’ for the year. It passed the Senate
about two weeks ago, and was reported out of House Natural Resources
Committee early last week. It was re-referred briefly to House Ways &
Means Committee last week, but is back on the House Calendar for debate.
SJR 2002 Constitutionally Protect Natural Resources. The bill is a
resolution to add an amendment to Iowa’s constitution to create a
natural resources and outdoor recreation trust fund for the purpose of
protecting and enhancing water quality and natural areas in Iowa. This
would include parks, trails, fish and wildlife habitat, and conserving
agricultural soils. Moneys in this fund can only be used for these
purposes. No revenue will be credited to the fund until the tax rate
in effect on the effective date of the joint resolution is increased,
which is after the general public votes on it. The intent is to credit
3/8th of 1˘ to the fund when the sales tax is increased, which would
generate approximately $150 million.
Energy:
Two energy bills really remain alive and moving after the Second
Funnel of the 2008 Session; other energy bills or issues have been
dropped or rolled into SF 2223 (as of moments ago, now SF 2405) and HF
517. The 25/2025 goal is gone as is the 1.5% efficiency standard.
According to Rep. Donovan Olson, the Democrat energy agenda remaining
for the Session is outlined to include measures to:
* Additional $25 million investment in the Iowa Power Fund to
stimulate Iowa’s alternative energy economy
* Encourage the creation of wind energy projects to provide power
on site to major users (SF 2223)
* Make wind energy tax credits refundable (SF 2223)
* Encourage state banks to become major players in wind energy
projects (SF 2223)
* Increase the role energy efficiency standards play in building
codes (SF 517)
* Promote sustainable energy design (SF 517)
* Energy bank reauthorization so schools can invest energy
efficiency improvements without raising property taxes (SF 517)
* Expanded research and grants for renewable energy research (SF
517)
SF 2405 (formerly SF 2223) relates to renewable energy, providing for
state bank acquisition of equity interests in wind energy production
facilities, providing for qualification for specified tax credits and
refunds by state banks and by owners or manufacturing facilities
generating wind energy for on-site consumption rather than sale,
providing for the establishment or participation in a program to
track, record, or verify the trading of credits for electricity
generated from specified sources, and providing effective and
retroactive applicability dates.
This bill provides for acquisition of equity interests in wind energy
production facilities by state banks financing such facilities for
customers, and relates to qualification for specified wind energy tax
credits. The bill specifies procedures and requirements applicable to
a state bank structuring the financing of wind energy production
facilities as a membership investment with the state bank as an equity
investor acquiring ownership in the facility.
The bill modifies provisions applicable to qualification for the wind
energy production tax credit pursuant to Code chapter 476B consistent
with state bank ownership, adds that a person in possession of a wind
energy tax credit certificate can qualify for a refund of sales or use
taxes and of generation, transmission, or delivery taxes, and provides
that projects can qualify for the tax credit whether the electricity
is sold, as is currently the case, or utilized for on-site
consumption. The time period during which projects placed in service
may qualify for tax credits is extended from July 1, 2009, to July 1,
2012.
The bill adds to the definition of a qualified wind energy production
facility that the facility consists of one or more wind turbines
connected to a common gathering line which have a combined nameplate
capacity of no less than two megawatts. The bill changes a current
restriction on transferability of credit certificates on a one-time
basis to an unlimited number of transfers, and provides that a
replacement tax credit certificate may reflect a different type of tax
than noted on the original certificate. Additionally, the bill
provides for the establishment or participation by the Iowa utilities
board in a program to track, record, or verify the trading of credits
for electricity generated from specified sources.
SF 517 ENERGY CONSERVATION CODE: Requires the State Building Code
Commissioner to require in the state building code that all
construction must comply with energy conservation requirements.
Allows the Commissioner to offer training to builders and other
interested persons on energy conservation requirements. This bill was
amended and passed by the House Commerce Committee, and reported to
the floor for debate. We will see all the details of the amendment
later today. Floor Manager: Rep. Nathan Reichert.
Provisions of SF 2386, Energy Efficiency Goals, were added to SF 517.
SF 2386l provides for the establishment of a commission on energy
efficiency standards and practices within the department of public
safety, to be comprised of the state building code commissioner or
designee, the director of the office of energy independence or
designee, a licensed engineer, a registered architect, two individuals
recognized in the construction industry as possessing expertise and
experience in the construction or renovation of energy-efficiency
residential and commercial buildings, a member of a local planning and
zoning commission or county board of supervisors, three
representatives of gas and electric public utilities, a local building
official, and two consumers.
The commission's duties would include evaluating energy efficiency
standards applicable to buildings, developing recommendations for new
energy efficiency standards, specifications, or guidelines applicable
to new construction, developing recommendations for incentives for
energy efficiency construction projects which exceed currently
applicable state and local building codes, and developing
recommendations for adopting a statewide energy efficiency building
labeling or rating system.
An additional duty would involve obtaining input from individuals,
groups, associations, and agencies in carrying out these specified
duties as the commission determines appropriate. The commission would
exist for a two-year period, with a report of recommendations
submitted to the governor and the general assembly by January 1, 2011.
The bill additionally provides that the Iowa utilities board shall
periodically report energy efficiency results, including energy
savings, of gas and electric public utilities resulting from energy
efficiency plans filed with the board by the utilities.
CAFOs/Local Control/Odor Control:
HF 2652, an act providing for efforts to mitigate odor emitted from a
livestock operation including by providing for basic and applied
research and evaluations, and including applicability and effective
date provisions. (Formerly HSB 679.)
Re-referred to House Appropriations Committee to ‘keep it alive.‘ Rep.
Kuhn is leading the effort to change this bill in very positive ways,
and has filed numerous amendments for that purpose. This is the bill
that would set up the program for which $24-25 million dollars is
requested over the nex 4-5 years.
Explanation: This bill provides for the establishment and
administration of efforts to mitigate odor emitted from livestock
operations involving swine, beef or dairy cattle, chickens, or
turkeys. The bill is divided into a research effort to reduce the
impact of odor and an evaluation effort to assist in siting new
livestock operations. The efforts are to be conducted by Iowa state
university in consultation with the department of agriculture and land
stewardship and the department of natural resources.
RESEARCH EFFORT. One purpose of the bill is to accelerate the
adoption of affordable and effective odor mitigation technologies and
strategies by livestock producers. The bill includes three specific
project classifications: (1) on-site applied research to address
whether technologies and strategies can be successfully implemented
across many livestock operations, locations, and situations; (2) basic
or applied research to evaluate technologies or strategies that have
not been subject to comprehensive scientific scrutiny but which
demonstrate promise; and (3) basic research to investigate emerging
technologies and strategies. The bill provides that information
obtained in connection with the research projects conducted on the
site of a livestock operation is confidential, unless confidentiality
is waived by the livestock producer. The bill requires that Iowa state
university submit annual interim reports which describe the
university's progress in carrying out the research projects and make
recommendations for improving, continuing, or expanding research and
for disseminating the results of the research to livestock producers.
The university must submit a final report to the general assembly six
months after it completes its research effort.
LIVESTOCK ODOR MITIGATION EVALUATION EFFORT. A second purpose of the
bill is to develop a livestock odor mitigation evaluation effort which
determines the potential odor exposure to persons who would neighbor a
new livestock operation as proposed to be constructed. The bill
provides that the effort is contingent upon moneys being appropriated
to the university to conduct the effort. The livestock odor mitigation
evaluation effort provides for three levels of possible participation
by a person who requests the evaluation, corresponding to the
complexity of the proposed site of construction, and provides for an
increasing degree of involvement by the person and the university. At
the completion of an evaluation, the university provides the person
with a report including findings and recommendations. A participating
person who has completed the level of evaluation as recommended by the
university may request that the university issue the participating
person a livestock odor mitigation evaluation certificate. The bill
provides that the department of natural resources cannot issue a
permit for the construction of a confinement feeding operation
structure which is associated with a new confinement feeding operation
until the applicant has been issued a livestock odor mitigation
evaluation certificate. However, the applicant is not required to
obtain the certificate if an exception applies including: (1) the
confinement feeding operation is twice the minimum separation distance
required from the nearest object or location from which a separation
distance is required, (2) the owner of each object or location which
is less than twice the minimum separation distance required from the
confinement feeding operation executes a document consenting to the
construction, (3) the applicant submits a document swearing that Iowa
state university failed to furnish a certificate to the applicant
within 30 days after the applicant requested the university to conduct
a livestock odor mitigation evaluation, (4) the application is for a
permit to expand a confinement feeding operation which was established
prior to the effective date of the bill's provision, or (5) the
university does not provide for a livestock odor mitigation evaluation
effort. In addition, an applicant is not required to submit a
certificate if an application was submitted prior to the effective
date of the bill's provision. The bill's provisions providing for the
development of a livestock odor mitigation evaluation effort take
effect only if the university receives moneys to further the odor
mitigation research effort. Otherwise the provision requiring a
certificate to accompany an application for a construction permit
takes effect on January 1, 2009.
HF 2537, Bottle Bill:
Expansion of the Iowa’s bottle bill to include water, sport and juice
drink containers was reported out of House Environmental Protection
Committee earlier in the Session. Last week it was re-referred to
House Ways & Means Committee, which leadership claims to keep it
‘alive.’ HF 2537 also increases the handling fee paid by distributors
to non-profit redemption centers from 1 cent to 2 cents. The bill
does not increase the 5 cent deposit paid by consumers. Leadership
says they are committed to this issue yet this Session, but hopes are
dim in the Senate, although Governor Culver continues his pressure on
them on this issue.
Appropriations bIlls:
Three appropriations bills are now out of the House Appropriations
Committee and on the Calendar for debate. They are the first steps
toward finalizing the Budget for FY2009, and the beginning of the run-
up to Session’s end. Those bills are:
HF 2662 Agriculture and Natural Resources Budget. Makes appropriations
to the Department of Agriculture and Land Stewardship, the Department
of Natural Resources, and the vet diagnostic lab at Iowa State
University, from the general fund, the environment first fund, and
other funds.
SF 2286 Federal Block Grant Bill. Provides the mechanism for the state
to receive $4.6 billion in federal funds for FY 2009, which is
estimated to be a $90.8 million more than what the state received in
FY 2008. The state is estimated to receive $154.1 million in federal
block grant funds in FY 2009. The bill also includes $4.4 billion in
federal funds that state agencies are anticipating to receive in
categorical grants in FY 2009.
SF 2394 Transportation Budget. Appropriates $328.1 million to the
Department of Transportation for operations and maintenance of Iowa’s
transportation system.
Environmental Protection: Additional bills by the House Environmental
Protection Committee of interest are:
HF 2570 Environmental Management Systems. Encourages the responsible
environmental management of solid waste disposal projects and to
enhance efforts to promote environmental stewardship. To qualify for
the new Environmental Management Systems designation, the solid waste
planning area must address the following issues: yard waste, hazardous
household waste collection, water quality improvement, greenhouse gas
reduction, recycling services, and environmental education. Also,
establishes a Comprehensive Recycling Planning Task Force. Passed
House 96-0, and moved to the Senate, where it awaits debate on the
Senate floor.
SF 2321 Mercury-Containing Lamps. Requires DNR to conduct a study for
the implementation and financing of a convenient and effective mercury-
containing lamp recycling program. Passed Committee and on the House
Calendar for debate.
Natural Resources: Additional bills by the House Natural Resources
Committee of interest are:
HF 2580 Sustainable Natural Resource Funding Advisory Committee. Re-
creates the current sustainable natural resource funding advisory
committee (first created in 2006) through July 1, 2010. The committee
is to study how to provide one or more sustainable sources of funding
for natural resources and outdoor recreation needs in Iowa. Passed
House 98-0, and sent to the Senate, and referred to Senate Natural
Resources and Environment Committee, which reported it back to the
Senate Calendar.
HF 2612 DNR Policy Bill on Conservation and Recreation. This is a
department requested bill that amends several DNR laws that are non-
controversial in nature. This includes changes to the REAP County
Enhancement Committee, ATV program, building private structures on
public land, allowing ATV and utility vehicles to drive on ice,
reciprocity agreements with neighboring states, the veterans lifetime
hunting and fishing license provisions, hunter education, laser sights
by blind hunters, youth hunting preserves licenses, trespass
violations, and violations involving aquatic invasive species. Passed
House 100-0 and sent to Senate Natural Resources and Environment
Committee, amended and placed on the Senate Calendar for debate.
SF 310 Liquidated Damages for Illegally Taking Fish and Bobcats.
Increases the civil penalties for illegally taking certain sport fish
and the bobcat to better reflect the value of the bobcat or the sport
fish. If people are poaching, there is a value to that animal or fish
and they are required to pay the state for the value of that animal as
a penalty. The bill came from the Department of Natural Resources.
Passed Committee and on the House Calendar for debate.
SF 2198 Brushy Creek Advisory Board. Members of the Brushy Creek
Advisory Board will be appointed by the Natural Resources Commission
instead of the Legislature and Governor. Passed Committee and on the
House Calendar for debate.
SF 2328 Deer Depredation Program. Expands the farmer advisory
committee, creates a deer depredation management program for
landowners, and establishes a deer study advisory committee to study
the best way to maintain a sustainable, socially acceptable deer
population in Iowa while maximizing and balancing the economic value
of deer hunting to Iowa’s economy with the needs of the agricultural
industry and public safety concerns. Passed Senate and House and is
ready to go to the Governor.
SF 2380 Water Trails and Low Head Dam Statewide Plan. Requires DNR to
conduct a water trails and low head dam public hazard study of Iowa
waterways for recreational purposes and to develop a statewide plan by
January 1, 2010. This study is contingent upon funding. Passed
Committee and on the House Calendar for debate.
SJR 2 Channel Catfish and State Fish. Designates the channel catfish
as the State fish. The resolution directs the Department of Cultural
Affairs to display pictures and representations of the channel catfish
in an appropriate place in the State Historical Museum, and the editor
of the Iowa official register to include an appropriate picture and
commentary in the Iowa official register. Passed Committee and on the
House Calendar for debate.
Cougars:
We have attempted over this and the past two Sessions to achieve a
level of protection for cougars, by placing them on the fur-bearing
animal list. Last year our Senate floor action was stymied by a very
unfriendly amendment, which was adopted. So far this Session, we have
no further traction on this issue. I think this one we have to
continue to work on, and to build public support around Iowa.
____________________________________________
Lyle Krewson
Sierra Club, Iowa Chapter Lobbyist
1725 S. 50th Street #602
West Des Moines, IA 50265
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515-238-7113 - Cel
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