SENATE FILE 12

BY  BOLKCOM

A BILL FOR

An Act relating to open burning of residential waste in certain areas of the state and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 455B.133, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.
  a.  Adopt rules to prohibit the open burning of residential waste within any of the following areas:
   (1)  Beginning January 1, 2012, any city with a population of two thousand five hundred or more and any area within one quarter mile of any city with a population of two thousand five hundred or more.
   (2)  Beginning January 1, 2013, any city with a population of one thousand or more and any area within one quarter mile of any city with a population of one thousand or more.
   (3)  Beginning January 1, 2014, any city with a population of five hundred or more and any area within one quarter mile of any city with a population of five hundred or more.
   (4)  Beginning January 1, 2015, any city in the state and any area within one quarter mile of any city in the state.
   b.  The population of a city as described in this subsection shall be based on the most recent federal decennial census.
EXPLANATION
   This bill relates to open burning of residential waste in certain areas of the state.
   The bill requires the environmental protection commission to adopt administrative rules prohibiting the open burning of residential waste in cities and in areas within one quarter mile of cities. The prohibition begins on January 1, 2012, in cities with a population of 2,500 or more; on January 1, 2013, in cities with a population of 1,000 or more; on January 1, 2014, in cities with a population of 500 or more; and on January 1, 2015, in all cities in the state.
   Criminal penalties provided in Code section 455B.146A are applicable to violations of the provisions of the bill.