Text: HSB00131 Text: HSB00133 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 30.1, Code 1997, 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 either solely or 1 5 jointly buildings, equipment, structures, and other stationary 1 6 items which are located on a single site or on contiguous or 1 7 adjacent sites. Equipment owned, operated, or controlled by a 1 8 "facility owner or operator" may include motor vehicles, 1 9 rolling stock, or aircraft. 1 10 Sec. 2. Section 30.12, subsection 1, Code 1997, is amended 1 11 to read as follows: 1 12 1. The commission may commence a civil action againstana 1 13 facility owner or operatorof a facilitywho has violated 1 14 federal or state requirements to do any of the following: 1 15 Sec. 3. Section 30.12, subsection 1, Code 1997, is amended 1 16 by adding the following new paragraph: 1 17 NEW PARAGRAPH. g. Pay a fee pursuant to section 30.13. 1 18 Sec. 4. NEW SECTION. 30.13 FEES. 1 19 1. A facility owner or operator, who is required to 1 20 provide information and reports regarding the properties and 1 21 nature of extremely hazardous substances which the facility 1 22 owner or operator uses, produces, or stores on a tier II or 1 23 equivalent form pursuant to section 312 of the Emergency 1 24 Planning and Community Right-to-know Act, 42 U.S.C. } 11022, 1 25 shall pay an annual fee of five hundred dollars for each 1 26 extremely hazardous substance required to be reported pursuant 1 27 to section 312 of the Act. The annual fee shall be remitted 1 28 directly to the committee for the local emergency planning 1 29 district in which the facility is located if the committee is 1 30 in compliance with section 303 of the Emergency Planning and 1 31 Community Right-to-know Act, 42 U.S.C. } 11003. Facilities 1 32 located in local emergency planning districts in which the 1 33 committee is not in compliance with 42 U.S.C. } 11003 shall 1 34 remit the annual fee to the commission. 1 35 2. The commission shall adopt rules pursuant to chapter 2 1 17A implementing this section. 2 2 Sec. 5. NEW SECTION. 30.14 CHEMICAL EMERGENCY 2 3 PREPAREDNESS FUND. 2 4 A chemical emergency preparedness fund is created in the 2 5 state treasury under the control of the commission. Fees 2 6 collected by the commission pursuant to section 30.13 shall be 2 7 deposited in the fund. Notwithstanding section 8.33, an 2 8 unexpended balance in the chemical emergency preparedness fund 2 9 at the end of any fiscal year shall be retained in the fund. 2 10 Notwithstanding section 12C.7, subsection 2, interest or 2 11 earnings on investments of moneys deposited in the chemical 2 12 emergency preparedness fund shall be credited to the chemical 2 13 emergency preparedness fund. 2 14 Sec. 6. NEW SECTION. 30.15 USE OF CHEMICAL EMERGENCY 2 15 PREPAREDNESS FUND. 2 16 1. A committee receiving fees under section 30.13 may use 2 17 the moneys for any of the following: 2 18 a. Comprehensive emergency response planning for hazardous 2 19 materials incidents. 2 20 b. Implementing and evaluating comprehensive emergency 2 21 response plans. 2 22 c. Providing training related to chemical emergency 2 23 preparedness and the prevention of chemical accidents. 2 24 d. Identifying facility owners and operators required to 2 25 report pursuant to section 312 of the Emergency Planning and 2 26 Community Right-to-know Act, 42 U.S.C. } 11022. 2 27 e. Processing the information submitted by facility owners 2 28 or operators and making the information available to the 2 29 public. 2 30 f. Receiving and handling emergency notifications of 2 31 extremely hazardous substance releases. 2 32 g. Providing public notice of chemical preparedness 2 33 activities. 2 34 h. Assisting with the development, maintenance, and 2 35 equipment for hazardous materials response teams. 3 1 2. A committee receiving moneys from other local, state, 3 2 or federal funds may combine the moneys with those of other 3 3 committees to further the purposes of this chapter. 3 4 3. The commission shall use moneys from the chemical 3 5 emergency preparedness fund solely for the purpose of 3 6 assisting noncomplying committees to meet the requirements of 3 7 section 303 of the Emergency Planning and Community Right-to- 3 8 know Act, 42 U.S.C. } 11003. 3 9 Sec. 7. NEW SECTION. 30.16 COMMITTEE REPORTS. 3 10 A committee shall use moneys referred to in section 30.15, 3 11 subsections 2 and 3, to coordinate training, preparedness, and 3 12 response activities with the commission, the emergency 3 13 management division of the department of public defense, the 3 14 department of workforce development, and the department of 3 15 natural resources. A committee using such funds shall provide 3 16 the commission with an annual report which shall include a 3 17 detailed analysis of the allocation and use of the moneys 3 18 referred to in section 30.15, subsections 2 and 3. 3 19 EXPLANATION 3 20 This bill amends and adds sections to Code chapter 30 3 21 dealing with chemical emergencies and the emergency response 3 22 commission. 3 23 The bill provides that a facility owner or operator is 3 24 required to pay an annual fee of $500 for each extremely 3 25 hazardous substance for which the facility owner or operator 3 26 is required to provide information under the federal Emergency 3 27 Planning and Community Right-to-know Act. The fee shall be 3 28 paid directly to the local emergency planning committee, 3 29 unless the committee is not in compliance with 42 U.S.C. } 3 30 11003 in which case the fee shall be remitted to the emergency 3 31 response commission. 3 32 The bill provides that fees paid to the commission shall be 3 33 deposited in the chemical emergency preparedness fund which is 3 34 created in the bill. 3 35 The bill provides that a local committee may use fees it 4 1 collects directly for planning, implementing plans, providing 4 2 training, identifying facility owners and operators, 4 3 processing information supplied by facility owners and 4 4 operators, handling emergency notifications, providing public 4 5 notice, and assisting hazardous materials response teams. A 4 6 local committee may combine moneys received from other local, 4 7 state, or federal funds with moneys of other local committees 4 8 to meet the purposes of Code chapter 30. The commission shall 4 9 use moneys from the chemical emergency preparedness fund 4 10 solely for the purpose of assisting noncomplying local 4 11 committees meeting the requirements of 42 U.S.C. } 11003. 4 12 The bill provides that a local committee shall use the 4 13 moneys received from other local, state, or federal funds, or 4 14 from the commission, to coordinate activities with the 4 15 commission, the emergency management division of the 4 16 department of public defense, the department of workforce 4 17 development, and the department of natural resources. A local 4 18 committee using such funds shall provide the commission with 4 19 an annual report. 4 20 LSB 1813HC 77 4 21 tm/sc/14
Text: HSB00131 Text: HSB00133 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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