Text: H08094                            Text: H08096
Text: H08000 - H08099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8095

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-8054, to House File 681 as
  1  2 follows:
  1  3    #1.  Page 1, line 11, by inserting after the figure
  1  4 "455A.2" the following:  "or its delegated authority".
  1  5    #2.  Page 1, line 16, by striking the words "local,
  1  6 state," and inserting the following:  "state".
  1  7    #3.  Page 1, line 17, by striking the words
  1  8 "ordinances, or permits" and inserting the following:
  1  9 "or permit conditions".
  1 10    #4.  Page 1, line 21, by inserting after the word
  1 11 "noncompliance" the following:  "with environmental
  1 12 laws, rules, ordinances, or permit conditions".
  1 13    #5.  Page 1, line 24, by striking the word
  1 14 "initiated" and inserting the following:
  1 15 "notification is given to the department".
  1 16    #6.  Page 1, lines 27 and 28, by striking the words
  1 17 "governmental entity with regulatory authority over
  1 18 the regulated facility or operation" and inserting the
  1 19 following:  "department".
  1 20    #7.  Page 1, line 31, by striking the words
  1 21 "generated as a result of" and inserting the
  1 22 following:  "generated and developed for the primary
  1 23 purpose and in the course of or as a result of
  1 24 conducting".
  1 25    #8.  Page 1, by striking lines 42 through 45 and
  1 26 inserting the following:  "environmental audit.  An
  1 27 "environmental".
  1 28    #9.  Page 2, line 22, by inserting after the word
  1 29 "report" the following:  "conducted after the
  1 30 effective date of this Act".
  1 31    #10.  Page 2, line 32, by inserting after the word
  1 32 "testify" the following:  "in regard to".
  1 33    #11.  Page 2, line 33, by striking the words
  1 34 "related to" and inserting the following:  "included
  1 35 in".
  1 36    #12.  Page 4, by inserting after line 21 the
  1 37 following:
  1 38    "6.  The provisions of this chapter shall not
  1 39 abrogate the protections provided by federal and state
  1 40 law regarding confidentiality and trade secrets."
  1 41    #13.  Page 4, line 34, by striking the words
  1 42 "local, state," and inserting the following:  "state".
  1 43    #14.  Page 4, line 36, by striking the word
  1 44 "ordinance,".
  1 45    #15.  Page 4, by inserting after line 39 the
  1 46 following:
  1 47    "d.  The portion of the environmental audit report
  1 48 shows clear and convincing evidence of substantial
  1 49 actual personal injury, which information is not
  1 50 otherwise available."
  2  1    #16.  Page 4, by inserting after line 49 the
  2  2 following:
  2  3    "5.  If a court finds that a person claiming
  2  4 privilege under this chapter intentionally claimed the
  2  5 privilege for information the person knew was
  2  6 unprotected as provided in section 455J.6, the person
  2  7 is subject to a fine not to exceed one thousand
  2  8 dollars.
  2  9    6.  Privilege provided in this chapter does not
  2 10 apply if an owner or operator of the facility or
  2 11 operation has been found in a civil or administrative
  2 12 proceeding to have committed serious violations in
  2 13 this state that constitute a pattern of continuous or
  2 14 repeated violations of environmental laws,
  2 15 administrative rules, or permit conditions, that were
  2 16 due to separate and distinct events giving rise to the
  2 17 violations within the three-year period prior to the
  2 18 date of disclosure."
  2 19    #17.  Page 5, line 7, by striking the words "local,
  2 20 state," and inserting the following:  "state".
  2 21    #18.  Page 5, line 8, by striking the word
  2 22 "ordinance,".
  2 23    #19.  Page 5, line 29, by striking the words
  2 24 "local, state," and inserting the following:  "state".
  2 25    #20.  Page 5, line 30, by striking the word
  2 26 "ordinance,".
  2 27    #21.  Page 5, line 32, by inserting after the word
  2 28 "inapplicable" the following:  "to the remainder of
  2 29 the report".
  2 30    #22.  Page 5, line 37, by striking the words
  2 31 "local, state," and inserting the following:  "state".
  2 32    #23.  Page 5, line 38, by striking the word
  2 33 "ordinance,".
  2 34    #24.  Page 6, lines 16 and 17, by striking the
  2 35 words "a timetable for submitting".
  2 36    #25.  Page 6, line 17, by inserting after the word
  2 37 "department" the following:  "as specified by rule".
  2 38    #26.  Page 6, line 27, by striking the words
  2 39 "local, state," and inserting the following:  "state".
  2 40    #27.  Page 6, line 28, by striking the word
  2 41 "ordinance,".
  2 42    #28.  Page 6, line 30, by striking the words
  2 43 "local, state," and inserting the following:  "state".
  2 44    #29.  Page 6, line 30, by striking the word
  2 45 "ordinance,".
  2 46    #30.  Page 6, line 49, by striking the words
  2 47 "local, state," and inserting the following:  "state".
  2 48    #31.  Page 6, line 49, by striking the word
  2 49 "ordinance,".
  2 50    #32.  Page 7, line 31, by striking the words "a
  3  1 noncompliance item" and inserting the following:  "the
  3  2 disclosed violation".
  3  3    #33.  By striking page 7, line 50, through page 8,
  3  4 line 2, and inserting the following:  "administrative
  3  5 rules, and permit conditions and that were due to
  3  6 separate and".
  3  7    #34.  Page 8, line 4, by striking the word
  3  8 "disclosure," and inserting the following:
  3  9 "disclosure."
  3 10    #35.  Page 8, by striking lines 5 through 7.
  3 11    #36.  Page 8, lines 17 and 18, by striking the
  3 12 words "and local".
  3 13    #37.  Page 8, line 26, by inserting after the word
  3 14 "law" the following:  "to report a violation,".
  3 15    #38.  Page 8, line 28, by inserting after the word
  3 16 "actions." the following:  "This chapter shall not be
  3 17 construed to confer immunity from liability in any
  3 18 private civil action except those actions brought
  3 19 pursuant to section 455B.111."
  3 20    #39.  By renumbering, relettering, and
  3 21 redesignating as necessary.  
  3 22 
  3 23 
  3 24                               
  3 25 BRADLEY of Clinton 
  3 26 
  3 27 
  3 28                               
  3 29 WITT of Black Hawk 
  3 30 HF 681.225 77
  3 31 tm/jl/28
     

Text: H08094                            Text: H08096
Text: H08000 - H08099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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