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Bills the Iowa Chapter is following during the 2012 Legislative Session

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Nuclear Power

"If we become a center for nuclear energy and we meet our needs and also remain a net exporter of energy, that's good for our manufacturing base, good for our low-income families and good for our elderly on fixed incomes," said Sen. Matt McCoy, the Senate Commerce Committee chair, to the Associated Press.  Read more.

Iowans deserve honest answers from MidAmerican, by Neila Seaman, Chapter Director, The Cedar Rapids Gazette, 4/8/12.

Iowa View: Iowans don't need or want new nuclear energy, by Neila Seaman, Chapter Director, The Des Moines Register, 4/4/12.

Iowa View: Iowa should learn from Florida's nuke mistake, by Florida Senator Mike Fasano, The Des Moines Register, 3/29/12.

FOE Radio Ads

Friends of the Earth, a Sierra Club partner in opposing the nuclear power bills, recently began airing radio advertisements in Iowa markets.  Listen to the ad.

Regulators: Nuclear plan could cost Iowa residents, Associated Press, 1/23/12

Key lawmaker thinks nuclear bill will be approved, Associated Press, 1/25/12

Non-Toxic Ammunition

Senate needs to support hunting rule on lead shot: Lawmakers should respect knowledge and authority of Natural Resource Commission -- Des Moines Register, 2/4/12

The Lead Is Poison Coalition recently developed a document about requiring non-toxic shot for dove hunting. Download the document.

How did your legislator vote on environmental issues during the 83rd Iowa General Assembly?

See the Sierra Club Iowa Chapter's 2009-2010 Legislative Scorecard

Information from the Iowa Senate Democrats

Information from the Iowa Senate Republicans

Information from the Iowa House Democrats

Information from the Iowa House Republicans

Senate Democrats Public Forum Schedule

House Democrats Public Forum Schedule

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Last Updated 05/10/2012

Sine Die 

The 84th General Assembly came to a close in the late afternoon of May 9, 2012.  The Iowa Chapter was successful in most of its challenges during this legislative session.  Three of our priorities -- stopping construction while in progress for a new nuclear power plant, saving public lands and preserving the ban on lead-based ammunition to hunt Mourning Doves -- all prevailed.

Thank you to all of our members and supporters who responded to our action alerts and attended our lobby days.

Thank you to all of the legislators who supported our positions for our reasons and reasons of their own.

Thank you to all of our partners whose long hours paid off.

Save Iowa's Public Lands

The Iowa House of Representatives will soon consider House File 2449, referred to as the "efficiency" bill, that directs the Department of Natural Resources (DNR) to inventory all of its public lands (Division V, Section 16) and prohibits the DNR from purchasing any additional agricultural land (Division V, Section 17).

House File 2449:

Risked Iowa's Water Quality. Iowa law defines agricultural land as virtually all land in Iowa. The DNR would be prohibited from purchasing wetlands, prairies, parks and river buffers to protect water quality.

Sacrificed the Natural Legacy. This land does not belong to the government. It belongs to Iowans. Don't let anyone hijack our state's future.

Was Fiscally Irresponsible. Public land in Iowa generates nearly $4 billion annually. HF2449 sacrifices the land we all share, land that is important to our economy.

UPDATE:  HF2449 was never debated in the House.  Rather, the Senate passed its own version of an "efficiency" bill, passed it 49-0 on April 19.  The House, convinced its bill would never pass the Senate, adopted the Senate version 93-0 on April 25.  The Senate bill made no mention of selling off public lands.  Gov. Branstad signed the bill on May 9.

SIERRA CLUB CHALLENGES CONSTITUTIONALITY OF LEGISLATIVE RULES REVIEW COMMITTEE

On March 21, the Iowa Chapter of the Sierra Club filed a lawsuit in Polk County District Court alleging that the Iowa Legislature’s Administrative Rules Review Committee (ARRC) is unconstitutional. The Sierra Club alleges that the Iowa law creating the ARRC violates the separation of powers in the Iowa Constitution because it authorizes the ARRC, a legislative oversight committee, to suspend the implementation of an administrative rule legally adopted by the executive branch of government.

The rule being challenged in the lawsuit was adopted by the Natural Resource Commission in July 2011.  The Commission amended its dove-hunting season rule to ban the use of lead shot. The ARRC allowed the hunting season but delayed implementation of the ban on lead shot until legislators could address the ban during the 2012 legislative session.

“We have three separate and equal branches of government,” said Wally Taylor, the Cedar Rapids attorney representing the Sierra Club. “The legislative branch through the ARRC cannot constitutionally stop the actions of the executive branch acting through the Natural Resource Commission.”

In February, the House of Representatives adopted a resolution permanently prohibiting the ban on lead-based ammunition.  The Senate resolution has not yet been debated.

In addition to the Administrative Rules Review Committee, the lawsuit names the Iowa Department of Natural Resources for implementing the unconstitutional rule.

Two days after the first anniversary of the Fukushima disaster, the Senate Commerce Committee, determined to expand nuclear power in Iowa, amended and passed HF561 by an 8-7 vote on March 13.

It definitely isn't a solution to Iowa's energy needs. And, nuclear power definitely isn't clean. It may not emit the amount of greenhouse gases as coal plants; but safety and storage of spent fuel issues have never been resolved. The technology MidAmerican Energy suggests it will use (but is not restricted to use in the bill) has not been approved by the Nuclear Regulatory Commission and, therefore, is not operating anywhere in the world.

Legislators want to hear from their constituents, but they don't want to receive an inbox full of the same message. Please personalize your message with the facts about this bill and other information we have provided for you to write your own message.

UPDATE:  The Senate adjourned without debating HF561 on the floor.  

IUB Staff Critiques HF561 and Senate amendment 3380

A newly released memo from the staff of the Iowa Utilities Board has provided a stinging economic critique of legislation passed by the Iowa House in 2011 that would make ratepayers liable for massive utility costs and cost overruns from building new nuclear power plants.

The December 23, 2011, memo acknowledges that as amended, the bill "would shift nearly all of the construction, licensing and permitting risk associated with one or more nuclear plants from the company to its customers...[by] guaranteeing recovery of pre-approved prudent costs, including a profit on capital investments.  Some of these provisions could create incentives for the company to engage in behavior that could be contrary to the public interest in certain situations..."  Further, the bill would require "that the Board allow full recovery of all prudent expenditures incurred for the proposed plant(s), including profits, if the utility decides, for any reason, not to complete the plant..."  Finally, the IUB staff writes that the bill "could effectively create an incentive for the utility to walk away from the plant."

Read the memo.

Senate Considering Lead Ammo Ban

If we can get lead out of our gasoline, our paint and our toys, why can't we get it out of our ammunition to hunt Mourning Doves?

The answer to that question is that lawmakers are squabbling over who has more control over rules -- the legislative or the executive branches of government.

Twin joint resolutions, SJR2001 and HJR2001, nullify the Natural Resource Commission's amended rule that would prohibit lead ammunition when hunting doves. Both resolutions have passed their necessary committees and the House passed its version 68-27 on February 2. The Senate resolution is ready for floor debate which could come very soon.

Lawmakers are also hearing arguments that the NRC overstepped its authority to add a lead prohibition in its dove hunting rule; that there isn't enough research to indicate a need for a lead ammunition prohibition; that the science that exists is "junk;" and that this is the first attempt in an effort to ban guns. Nothing could be further from the truth on all accounts.

You can find out more about this issue, links to the science and the history of the dove hunting bill during the 2011 legislative session and the NRC's rulemaking process on the Chapter website. You can also take a look at the "Nontoxic and Lead Shot Literature Review" produced by the Minnesota Department of Natural Resources in 2008.

House Passes HJR2001

The House passed HJR2001, a resolution that nullifies the Natural Resource commission's rule prohibiting the use of lead-based ammunition in hunting doves.  See how they voted.

The Senate could take up the measure at any time.  Please contact your Senator and say a "NO" vote is a vote for the environment.

UPDATE:  Neither resolution came to the Senate floor for debate before adjourning.  The original rule, as passed by the Natural Resources Commission, reverts back to being in effect.  Lead-based ammunition is prohibited in the hunting of Mourning Doves.

Legislative Committee Passes Resolution to Remove Lead Ammunition Ban in Dove Hunting

The Senate Natural Resources Committee approved a resolution that would remove a lead ammunition prohibition for dove hunting.  Championed by Sen. Dick Dearden (D-Polk),  the resolution passed with Sens. Dennis Black (D-Jasper), James Hahn (R-Muscatine), Joni Ernst (R-Montgomery), Shawn Hamerlinck (R-Scott), Tom Hancock (D-Dubuque), Tim Kapucian (R-Benton), Brian Schoenjahn (D-Fayette) and Kent Sorenson (R-Warren).

A big public THANK YOU to Sens. Robert Hogg (D-Linn), Amanda Ragan (D-Cerro Gordo) and Joe Seng (D-Scott) who had the courage to stand up to the resolution supporters who disseminated misinformation and voted no.

The Senate is expected to take up the bill soon so keep reading...

Legislators to Consider Resolutions Removing Lead Ammunition Ban in Dove Hunting

Iowa Legislators will soon vote on resolutions allowing the use of lead-based ammunition while hunting Mourning Doves, scrapping the Natural Resource Commission's language defined in Senate File 464.

Tell Legislators to OPPOSE these resolutions and uphold the lead ammunition ban for Mourning Dove hunters in Iowa.

Senate File 464, formerly known as the Dove Hunting bill, passed both chambers and was signed by the governor within 72 hours in 2011. Of the more than 850 members of the public who told the Department of Natural Resources they opposed dove hunting, 250 also recommended incorporating non-toxic ammunition into the rule.

The Natural Resource Commission (NRC) heard the public and courageously amended DNR's rule to ban lead-based ammunition.

However, the Administrative Rules Review Committee (ARRC), a legislative oversight committee, reversed the NRC's amendment for the 2011 hunting season and put a legislative hold on the amendment until the entire Legislature could address the issue.

Now, a joint resolution introduced by the ARRC permanently reverses the amendment and is expected to come before both chambers early in the session. You can see the resolutions introduced in both chambers --  SJR2001 and HJR2001

Contact your legislators and have your voice heard, tell them to uphold the rightful ban on lead-based ammunition.

"Ag Gag" Bill is Back

HF589, the bill that prohibits entering on or damaging property associated with a facility or operation where animals or crops are maintained, is back before the General Assembly.  The bill as passed by the House in 2011 essentially makes it illegal for a person to audio or video record the operation and prohibits committing fraud by obtaining access to the facility or crop operation by false pretenses for the purpose of committing an act not authorized by the owner or by making a false statement as part of an employment application.  Sen. Joe Seng (D-Scott) introduced amendment S-5004 in January 2012 that substantially changes the bill.  

Debate began in the Senate on HF589 January 25 but was deferred.  It is still on the debate calendar.

Session Started January 9

The 2012 session of the 84th Iowa General Assembly began January 9.  See the timetable for this year's session.

Chapter priorities for this session include:

Energy/Climate Change:

Nuclear Power.  HF561/SF390 -- These two bills would enable utilities to begin charging ratepayers for proposal nuclear power plants.  HF561 passed the House in 2011 by a vote of 68-30 with two not voting on April 16, 2011 where it stalled in the Senate.  A companion bill, SF390, is still active but the Senate is expected to address HF561 instead.

The Iowa Chapter’s legislative energy and climate change priorities continue to include promotion of renewable energy solutions and distributed generation through feed-in tariffs, property assessed clean energy bill (PACE), green building code changes, a solar energy rebate program and a burn ban of residential waste. 

 

Conservation:

Dove Hunting. Resolutions are expected to be introduced in both the House and the Senate that would permanently remove language banning the use of lead shot while hunting Mourning Doves.  The  Natural Resources Commission inserted the language into its rule and then the Administrative Rules Review Committee put a legislative hold on the lead ammunition ban in the rule until the Legislature could address it.  The Chapter supports a lead ammunition ban on hunting Mourning Doves.

 

CAFOs:

Every session, the Chapter must employ defensive efforts to stop the legislature from weakening  existing legislation and DNR rules that regulate the operation of CAFOs, including a recent ban on the spreading of manure on snow-covered or frozen ground.  The Chapter supports legislation that calls for local control of CAFO siting, a moratorium on new construction of CAFOs, that reduces the density of concentrated animal feeding operations – a practice that contributes to greenhouse gas emissions -- and stronger regulation of odor and air pollution controls. 

 

WATER QUALITY:

Defensive efforts to stop the Legislature from weakening water quality laws and new antidegradation rules will again be one of the Chapter’s priorities.  During the 2011 session, the House passed a bill by 64-32 with four Representatives absent that would move DNR water quality programs to IDALS.  The bill never made it out of the senate Natural Resources and Environment Committee.  However, it could reappear during the 2012 session.  Find out more about this issue.

Historically, we have experienced surprise legislative attacks to weaken existing water quality protections and enforcement.  Threats include the elimination of the Environmental Protection Committee and drastic budget cuts for the Iowa Department of Natural Resources (DNR). The Chapter will support legislation that helps keep water on the land through Smart Planning and other floodplain management principles.

 

CONSERVATION FUNDING:

 

Iowans approved in November 2010 a Constitutional amendment that establishes a Natural Resources and Outdoor Recreation Trust Fund.  During the 2010 legislative session, enabling legislation (which is not protected in the Iowa Constitution) to set up the funding formula that previously had been agreed on passed.  During the final weeks before the election, the Iowa Farm Bureau opposed the trust fund and ran an unsuccessful campaign to defeat the Constitutional amendment.  The Chapter is now concerned that opponents will launch efforts to alter the enabling legislation changing the funding formula and/or inserting other damaging language in a bill.  Staff and volunteers will monitor budget and standings bills and advocate for increased funding for conservation and environmental protection.

 

Some legislators oppose purchase of additional public land.  Iowa is already near the bottom of all 50 states in the amount of public land.  Legislation has already been introduced banning the purchase of public land by the Iowa DNR (even with federal dollars) and the nationally recognized and popular Resources Enhancement and Protection Fund (REAP) is under attack, especially the open spaces account.

 

FLOODPLAIN MANAGEMENT:

 

Retaining water on the land is a priority.  Climate change has increased our state’s future flooding impacts and experts are projecting increased precipitation and more frequent extreme rain events.  The flooding impacts of 1993, 2008 and 2010 will continue unless Iowa takes floodplain management seriously now.  The Chapter will actively support strengthening policy that prohibits building in floodplains and to stop unnecessary development in 500-year floodplains.   The Rebuild Iowa Office (RIO), organized after the 2008 floods, was shuttered in 2011.  The Chapter will closely monitor progress made by RIO and any attempts to legislatively undermine policies RIO put into place.