Text: HSB00569 Text: HSB00571 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 30.1, Code 1995, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4. "Facility owner or operator" means a 1 4 person who owns, operates, or controls buildings, equipment, 1 5 structures, and other stationary items which are located on a 1 6 single site or contiguous or adjacent sites and which are 1 7 owned and operated by the same person, or by any person who 1 8 controls, is controlled by, or is under common control with, 1 9 such person. "Facility owner or operator" includes motor 1 10 vehicles, rolling stock, and aircraft. 1 11 Sec. 2. Section 30.12, subsection 1, unnumbered paragraph 1 12 1, Code 1995, is amended to read as follows: 1 13 The commission may commence a civil action againstana 1 14 facility owner or operatorof a facilitywho has violated 1 15 federal or state requirements to do any of the following: 1 16 Sec. 3. Section 30.12, subsection 1, Code 1995, is amended 1 17 by adding the following new paragraph: 1 18 NEW PARAGRAPH. g. Pay a fee pursuant to section 30.13. 1 19 Sec. 4. NEW SECTION. 30.13 FEES. 1 20 1. A facility owner or operator, who is required to 1 21 provide information and reports regarding the properties and 1 22 nature of extremely hazardous substances which the facility 1 23 owner or operator uses, produces, or stores on a tier II or 1 24 equivalent form pursuant to section 312 of the Emergency 1 25 Planning and Community Right-to-know Act, 42 U.S.C. } 1 26 11022(d), shall pay an annual fee to the commission of five 1 27 hundred dollars for each extremely hazardous substance 1 28 required to be reported pursuant to section 312 of the Act and 1 29 one thousand dollars for each release report required pursuant 1 30 to section 304 of the Act. 1 31 2. The commission shall adopt by rule the fees, the 1 32 payment schedule of fees, and late fee payment penalties. 1 33 Sec. 5. NEW SECTION. 30.14 CHEMICAL EMERGENCY 1 34 PREPAREDNESS FUND. 1 35 A chemical emergency preparedness fund shall be created in 2 1 the state treasury under the control of the commission. Fees 2 2 collected pursuant to section 30.13 shall be deposited in the 2 3 fund. Notwithstanding section 8.33, an unexpended balance in 2 4 the chemical emergency preparedness fund at the end of each 2 5 fiscal year shall be retained in the fund. Notwithstanding 2 6 section 12C.7, subsection 2, interest or earnings on 2 7 investments on the deposits of the moneys in the fund shall be 2 8 credited to the fund. 2 9 Sec. 6. NEW SECTION. 30.15 FEE DISTRIBUTION. 2 10 1. The fees collected pursuant to section 30.13 are 2 11 appropriated and shall be distributed by the commission as 2 12 follows: 2 13 a. Sixty percent to the committees. 2 14 b. Twenty percent to the commission for hazardous 2 15 materials response preparedness. 2 16 c. Ten percent to the emergency management division of the 2 17 department of public defense for hazardous materials training 2 18 administered by the division. 2 19 d. Ten percent divided evenly between the department of 2 20 public defense and department of employment services for the 2 21 expenses of administering this chapter. 2 22 2. The commission shall establish the distribution process 2 23 by rule. 2 24 Sec. 7. NEW SECTION. 30.16 USE OF CHEMICAL EMERGENCY 2 25 PREPAREDNESS FUND. 2 26 1. Committees receiving money under section 30.15 shall 2 27 use the moneys for the following: 2 28 a. Comprehensive emergency response planning for hazardous 2 29 materials incidents. 2 30 b. Exercising and evaluating comprehensive emergency 2 31 response plans. 2 32 c. Providing training related to chemical emergency 2 33 preparedness and the prevention of chemical accidents. 2 34 d. Identifying facility owners and operators required to 2 35 report. 3 1 e. Processing the information submitted by facility owners 3 2 or operators and making the information available to the 3 3 public. 3 4 f. Receiving and handling emergency notifications of 3 5 extremely hazardous substance releases. 3 6 g. Providing public notice of chemical preparedness 3 7 activities. 3 8 2. Committees receiving funds may combine the funds with 3 9 those of other committees to further the purposes of this 3 10 chapter. 3 11 3. A committee which has not submitted a comprehensive 3 12 emergency response plan as required under 42 U.S.C. } 11003 3 13 shall not receive moneys after July 1, 1998. 3 14 Sec. 8. NEW SECTION. 30.17 COMMITTEE REPORTS. 3 15 A committee receiving moneys under section 30.15 shall 3 16 coordinate training, preparedness, and response activities 3 17 with the commission, the emergency management division of the 3 18 department of public defense, the department of employment 3 19 services, and the department of natural resources. A 3 20 committee receiving funds under section 30.15 shall provide 3 21 the commission with an annual report. 3 22 EXPLANATION 3 23 The bill establishes a fund from fees imposed on a facility 3 24 owner or operator for storing designated extremely hazardous 3 25 substances and for accidental releases of designated extremely 3 26 hazardous substances. The fund shall be utilized by local 3 27 emergency planning committees for emergency response planning 3 28 for hazardous materials incidents; exercising and evaluating 3 29 comprehensive emergency response plans; processing the 3 30 information submitted by facility owners and operators and 3 31 making this information available to the public; receiving and 3 32 handling emergency notifications of extremely hazardous 3 33 substance releases; and providing public notice of chemical 3 34 preparedness activities. Sixty percent of the moneys shall be 3 35 distributed to the local emergency planning committees, 20 4 1 percent to the Iowa emergency response commission for 4 2 hazardous materials response team preparedness, 10 percent for 4 3 hazardous materials training administered by the emergency 4 4 management division of the department of public defense, and 4 5 10 percent divided equally between the department of public 4 6 defense and the department of employment services for the 4 7 expenses of administering this chapter. 4 8 A local emergency planning committee receiving moneys from 4 9 the fund shall coordinate training, preparedness, and response 4 10 activities with the Iowa emergency response commission and 4 11 other agencies designated in the bill. 4 12 BACKGROUND STATEMENT 4 13 SUBMITTED BY THE AGENCY 4 14 Financial resources are needed at the state and local level 4 15 to fully implement the federal Emergency Planning and 4 16 Community Right-to-know Act (EPCRA). Emergency service 4 17 personnel have a high potential for exposure to toxic 4 18 chemicals when responding to hazardous material incidents. In 4 19 1994, the state had 26 spills of extremely hazardous 4 20 substances. As an example, the Terra incident was the largest 4 21 uncontrolled release of an extremely hazardous substance which 4 22 has ever been reported in the continental United States. The 4 23 EPCRA has been in effect for over 10 years. However, the 4 24 majority of Iowa counties remain unprepared to respond to a 4 25 hazardous material incident. When these counties are asked 4 26 why they do not have a plan, they state that they do not have 4 27 adequate financial resources. 4 28 Approximately 2,000 facility owners and operators in Iowa 4 29 are required by federal law to report to the state which 4 30 extremely hazardous substances they store. This information 4 31 is reported to the Iowa division of labor and is available to 4 32 the public as their right-to-know. This same information is 4 33 required to be submitted to the local fire department and the 4 34 Local Emergency Planning Committee (LEPC). The majority of 4 35 the local emergency service departments and LEPCs do not have 5 1 adequate resources to process this information, develop 5 2 complete plans for hazardous material incidents, and provide 5 3 training for hazardous material incidents. Facility owners 5 4 and operators are required by federal law to report spills of 5 5 extremely hazardous substances. These reports are sent to the 5 6 department of natural resources. The majority of local 5 7 emergency service departments do not have adequate resources 5 8 to respond to hazardous material incidents. Funding is needed 5 9 to meet the needs of local emergency service departments and 5 10 LEPCs. 5 11 This fee proposal has been developed by the Iowa emergency 5 12 response commission. A fee system on a facility owner or 5 13 operator, who stores or accidentally releases extremely 5 14 hazardous substances, is a way of providing a source of 5 15 funding for local chemical emergency preparedness efforts. 5 16 This fee mechanism permits the state to award money to local 5 17 emergency service departments and LEPCs for planning, 5 18 training, staffing, and purchasing equipment needed to respond 5 19 to hazardous material incidents. 5 20 Providing resources to local emergency service departments 5 21 and LEPCs would help them to plan and train for hazardous 5 22 material incidents, provide the public with better protection 5 23 from these hazards, and reduce the extent of damage and 5 24 expense to the businesses which store and use these extremely 5 25 hazardous substances. 5 26 LSB 3382DP 76 5 27 kah/cf/24.1
Text: HSB00569 Text: HSB00571 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/HSB/00500/HSB00570/960205.html
jhf