1996 SUMMARY OF LEGISLATION

ENVIRONMENTAL PROTECTION

ENVIRONMENTAL PROTECTION

SENATE FILE 2035 - Eurasian Water Milfoil (full text of bill)

BY KIBBIE. This Act requires the Natural Resource Commission of the Department of Natural Resources to prepare a long-term statewide Eurasian water milfoil management plan before January 1, 1998. The plan shall address the control and eradication of Eurasian water milfoil through requirements relating to accidental introductions, the dissemination of information, public awareness, designation, and classification.
The Act authorizes the Director of the Department of Natural Resources to accept gifts, donations and grants to aid in accomplishing the control and eradication of Eurasian water milfoil.
The Act authorizes the Natural Resource Commission to adopt rules pursuant to Chapter 17A restricting the introduction, propagation, use, possession, and spread of Eurasian water milfoil. The Department of Natural Resources shall require that bodies of water infested with Eurasian water milfoil be posted. The Department of Natural Resources may prohibit boating, fishing, swimming, and trapping in infested bodies of water.
The Act provides that a person shall not transport Eurasian water milfoil, place a trailer or launch a watercraft with Eurasian water milfoil attached, or operate a watercraft, in a marked Eurasian water milfoil infestation area.
The Act creates a scheduled fine of $100 for violations of Section 456A.37, subsection 5, relating to Eurasian water milfoil.

SENATE FILE 2219 - Midwest Interstate Low-Level Radioactive Waste Compact (full text of bill)

BY COMMITTEE ON NATURAL RESOURCES, ENVIRONMENT AND ENERGY. This Act amends the Midwest Interstate Compact relating to the disposal of low-level radioactive waste.
The Act contains provisions relating to the Midwest Interstate Low-Level Radioactive Waste Commission. The Act requires commission actions to be approved by either a two-thirds vote of the member states or an affirmative vote of an affected host state.
The Act provides that a compact facility may be permanently closed before it reaches capacity and before the expiration of its 20-year participation period if approved by the affirmative vote of a majority of the commission, including the affirmative vote of the commission member of the state in which the compact facility to be closed is located. "Compact facility" means a radioactive waste disposal facility and replaces the previous term "regional facility."
The Act contains the funding mechanism of the commission. Under ordinary circumstances, funding of the compact facility operations and the commission is provided through payment of a surcharge. During the period prior to initial operation of the first compact facility, the commission's funding is provided through fees paid by generators. The Act establishes a remedial action fund to provide additional assurance that users of the facilities pay all expenses associated with the regional disposal of low-level radioactive waste.
The Act requires the commission to consider the economic impacts on the party states in developing and adopting procedures and criteria for selecting host states.
The Act provides that the compact shall use sovereign immunity and generator indemnification to prevent party states from incurring liability.
The Act provides that each party state shall take its turn hosting compact facilities. The Act states that if a host state fails to discharge its obligation to develop and operate a compact facility on a timely basis, the commission may terminate the party state's designation as a host state.
The Act provides that a facility shall accept waste for disposal for a 20-year period or until its capacity is reached. However, before a compact facility is closed, a host state and the commission may enter into an agreement to lengthen the time period during which the compact facility accepts waste for disposal or to increase the capacity of the facility.
The Act establishes the process by which subsequent compact facilities are developed. A state that develops a compact facility cannot begin to operate its facility until the host state for the next compact disposal facility is designated.
The Act allows the host state of the then-operating compact facility to unilaterally decide to continue to operate its compact facility, even though the compact facility has already operated for 20 years or its capacity has been reached, if the next compact facility does not begin operating as planned.
The Act allows a host state to make an emergency closing of the compact facility in its state in order to protect air, land and water resources and the health and safety of people who are affected by the compact facility.
The Act prohibits a host state from developing a compact facility intended for the entire region and then using the compact facility only for the host state itself if it leaves the compact. Therefore, a state that leaves the compact is required to close any compact facility located within its borders.
The Act requires waste generators to sign and file with the commission an agreement providing for indemnification as a condition of acceptance of waste at a compact facility.
The Act provides that only a federal court may make the final determination that a state law conflicts with and is, therefore, subordinate to the compact. The Act reflects that, except in cases between states that are within the original jurisdiction of the U. S. Supreme Court, the federal district courts have exclusive jurisdiction over cases arising under this compact.
The Act provides that party states and their agencies, and the employees of both, are protected against liability and the costs of litigation seeking to recover damages resulting from the development, construction, operation, closing, or long-term care of a compact facility.
The Act makes it more difficult for a party state to withdraw from the compact. The Act allows the commission to impose reasonable financial penalties, suspend waste disposal rights, or revoke membership in the compact for withdrawal.
The Act provides that a party state, whose right to have waste generated within its borders disposed of at a compact facility is suspended, shall pay to the host state of the compact facility an amount necessary to ensure that the host state does not incur financial hardship.
The Act provides that dissolution of the compact may take place only through the unanimous agreement of all party states or withdrawal of congressional consent to the compact. If the U. S. Congress withdraws its consent, dissolution takes place 120 days after the effective date of the withdrawal of consent. The Act provides that the obligations undertaken by the party states are specifically enforceable in federal court.
The Act allows the commission or an affected party state to seek injunctive relief or recover damages to prevent or remedy a violation of the compact.

SENATE FILE 2287 - Regulation of Toxics in Packaging (full text of bill)

BY COMMITTEE ON NATURAL RESOURCES, ENVIRONMENT AND ENERGY. This Act amends Section 455D.19 of the Iowa Code, relating to the regulation of toxic metals in packaging.
The Act changes the definition of a "distributor" by excluding a person who delivers packages on behalf of a third person. A distributor is subject to the regulations on toxic metals in packaging as defined in the chapter.
The Act eliminates duplication in the Code by deleting provisions regarding prohibitions against the sale of products in certain packaging.
The Act expands the conditions upon which an exemption from the regulations on toxic metals in packaging is granted. An exemption is granted for a container that is recycled or reused, has limited risk of public exposure, and whose disposal is closely controlled.
The Act requires an application for an exemption to document specified measures to ensure that packaging as defined in the chapter is used, transported and disposed of in a manner consistent with federal and state health and safety requirements.

HOUSE FILE 2308 - Asbestos Removal and Encapsulation (full text of bill)

BY COMMITTEE ON ENVIRONMENTAL PROTECTION. This Act rewrites and reorders much of Chapter 88B, the Asbestos Removal and Encapsulation chapter of the Iowa Code. The Act adds to the powers of the Division of Labor Services of the Department of Employment Services (which S.F. 2409 renames the Department of Workforce Development, see Labor & Employment), removes training responsibilities and authority from the Department of Education, includes asbestos workers in public and commercial buildings under requirements that formerly applied only to asbestos workers in schools, and permits the Labor Commission to base fees for license and permit issuance and renewal on duty time spent and travel expenses incurred by division personnel.
The Act strikes from the Iowa Code current requirements that the Department of Education establish training requirements and qualifications and approve training programs; provisions that authorize the Division of Labor Services to inspect, review and approve training programs; a provision allowing the Department of Education to reprimand a training institution or suspend or revoke its authorization; and a provision requiring permittees to make the record of each asbestos project it performs available to the Department of Education. To qualify for a license as an asbestos worker, the Act requires an applicant to successfully complete training as established by the U.S. Environmental Protection Agency.

HOUSE FILE 2433 - Waste Tires (full text of bill)

BY COMMITTEE ON ENVIRONMENTAL PROTECTION. This Act relates to the management of waste tires by providing for the establishment of a Waste Tire Management Fund in the State Treasury, allocation of moneys to facilitate elimination of waste tires and the establishment of future markets for waste tires, and the redirection of the existing fee on certificates of title of motor vehicles.
Moneys deposited in the Waste Tire Management Fund by the Treasurer of State shall be generated by the collection of a $5 surcharge on every issuance of a certificate of title relating to ownership of a motor vehicle. The amount of the surcharge deposited in the Waste Tire Management Fund shall be $1,500,000 in FY 1997, $2,500,000 in FY 1998, $3,500,000 in each of fiscal years 1998-1999 and 1999-2000, $2,500,000 in FY 2001, and $1,500,000 in FY 2002. Moneys generated by the surcharge shall also be deposited in the Road Use Tax Fund in the amounts of $1,000,000 in FY 2001 and $3,000,000 in FY 2002. The remainder of moneys generated by the surcharge shall be deposited in the General Fund of the State in fiscal years 1996-1997 through 2001-2002. The entire amount of the moneys generated by the surcharge shall be deposited in the Road Use Tax Fund beginning in FY 2003, and continuing thereafter.
The Act also transfers on August 1, 1996, $300,000 from the Hazardous Substance Remedial Fund to the Waste Tire Management Fund. The amount of the transfer shall be returned in quarterly payments from the Waste Tire Management Fund to the hazardous substance remedial fund beginning on July 1, 1997.
The Act provides that $50,000 shall be allocated each fiscal year to the Department of Natural Resources to administer the Waste Tire Management Fund.
The Act provides that the Waste Tire Management Fund may be used to award contracts for bringing waste tire collection sites or existing stockpiles of waste tires into legal compliance or processing waste tires at waste tire collection sites or existing stockpiles of waste tires.
The Act establishes a Waste Tire Management Grant Program which provides that the board of supervisors of a county may annually, by August 14, apply to the Department of Natural Resources to receive a waste tire management grant for use in establishing and administering local waste tire management programs. Grant moneys are allocated to a participating county based upon the population of the county. The Act authorizes the Department of Natural Resources to award additional grant moneys to counties with special waste tire concerns or problems. The Act directs participating counties to designate a site or sites for the collection of waste tires, which shall accept waste tires, without charge, in accordance with local waste tire management programs. A participating county is encouraged to promote nonprofit and private entity participation and to generate local funding for supplementation of the grant moneys awarded. The Act also requires the board of supervisors of a participating county to submit an annual report of expenditures of grant moneys.
The Act provides that State Board of Regents institutions of higher education generating heat, electricity or power are encouraged to use, to the fullest extent practicable, waste tires for beneficial uses, such as, but not limited to, producing tire-derived fuels. Moneys are awarded to such institutions to offset additional costs incurred in generating heat, electricity or power on a per British thermal unit basis to offset any increased costs associated with assisting the state's program to dispose of waste tires in an environmentally sound manner.
The Act provides that a tire processor who annually processes more than 250,000 waste tires at a processing site located within the state may be awarded moneys at the rate of not more than 20 cents per passenger tire equivalent processed and delivered to a site of end use.
The Act encourages retail tire dealers currently charging a fee relating to the disposal of used tires to include the fee within the sales price of new tires.
The Act directs the Department of Natural Resources to adopt rules to allow beneficial uses of whole or processed waste tires.
The Act provides for the repeal of the Waste Tire Management Fund effective July 1, 2002.

RELATED LEGISLATION

SENATE FILE 2446 - Appropriations -- Agriculture and Natural Resources (Complete summary under APPROPRIATIONS.)

This Act relates to agriculture and natural resources by providing appropriations to support related entities, including the Department of Agriculture and Land Stewardship and the Department of Natural Resources. The Act also provides direction to a number of agencies and makes statutory changes relating to agriculture and natural resources.

HOUSE FILE 2258 - Benefited Recreational Lake Districts (Complete summary under LOCAL GOVERNMENT.)

This Act includes water quality as a purpose for forming a recreational lake district and authorizes the district to acquire real estate and interests in real estate for its corporate purpose.

HOUSE FILE 2303 - Hazardous Materials Transportation (Complete summary under TRANSPORTATION.)

This Act maintains the exemption for certain cargo tank motor vehicles from hazardous materials transportation regulations regarding tank specifications.

HOUSE FILE 2306 - Motorboat Operation on Big Creek Lake (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

This Act gives temporary authorization for motorboats equipped with any power unit to use Big Creek Lake in Polk County, but at no-wake speed only.

HOUSE FILE 2421 - Appropriations -- Transportation, Infrastructure, and Capital Projects (Complete summary under APPROPRIATIONS.)

Division IV of this Act establishes the Physical Infrastructure Assistance Program within the Department of Economic Development to provide financial assistance for business or community physical infrastructure development or redevelopment projects. The Department of Natural Resources is directed to work with the Department of Economic Development to identify environmentally contaminated sites, to provide an assessment, emergency response, and any further action, including remediation of the site, that the department deems appropriate.

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Last update: Mon August 26, 1996
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