Text: HSB00689 Text: HSB00691 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 29C.8A, subsection 1, Code 1999, is 1 2 amended to read as follows: 1 3 1. An emergency response fund is created in the state 1 4 treasury. The first one hundred thousand dollars received 1 5 annually by the treasurer of state for the civil penalties and 1 6 fines imposed by the court pursuant to sections 455B.146, 1 7 455B.146A, 455B.191, 455B.307, 455B.386, 455B.417, 455B.454, 1 8 and 455B.466, and 455B.477shall be deposited in thewaste1 9volume reduction and recycling fund created in section1 10455D.15. The next hundred thousand dollars shall be deposited1 11in theemergency response fund and any additional moneys shall 1 12 be deposited in thehousehold hazardous waste account1 13 environmental protection fund created in section 455B.106. 1 14 All moneys received annually by the treasurer ofthestate for 1 15 the fines imposed by sections 716B.2, 716B.3, and 716B.4 shall 1 16 also be deposited in theemergency responseenvironmental 1 17 protection fund. 1 18 Sec. 2. Section 455B.105, subsection 11, Code 1999, is 1 19 amended to read as follows: 1 20 11. a. Adopt, by rule, procedures and forms necessary to 1 21 implement the provisions of this chapter relating to permits, 1 22 conditional permits,andgeneral permits, and other approvals 1 23 or notifications required under the programs administered by 1 24 the department pursuant to this chapter. The commission may 1 25 also adopt, by rule, a schedule of fees for permit and 1 26 conditional permit applications, other requests for approvals, 1 27 or notifications required under the programs administered by 1 28 the department pursuant to this chapter, and a schedule of 1 29 fees which may be periodically assessed for administration of 1 30 permits,andconditional permits, and other approvals or 1 31 notifications required under the programs administered by the 1 32 department pursuant to this chapter. In determining the fee 1 33 schedules, the commission shall consider: 1 34 (1) The state's reasonable cost of reviewing applications, 1 35 requests for approval, and notifications; issuing permits,and2 1 conditional permits, and other approvals; checking compliance 2 2 with the terms of the permits and applicable rules; monitoring 2 3 the environmental impacts of regulated facilities; and 2 4 correcting violation of the terms of the permits and rules. 2 5 (2) The relative benefits to theapplicantregulated 2 6 facility and to the public ofpermit and conditional permit2 7 review, issuance,andmonitoring compliance, and correcting 2 8 violation of the terms of the permits and rules. 2 9 It is the intention of the legislature thatpermitfees 2 10shall not cover any costs connected with correcting violation2 11of the terms of any permit andshall not impose unreasonable 2 12 costs on any municipality. 2 13 (3) The typical costs of the particular types of projects 2 14 or activities for which permits,orconditional permits, 2 15 approvals, or notifications are required, provided that in no 2 16 circumstances shall fees be in excess of the actual costs to 2 17 the department. 2 18 b. Except as otherwise provided in this chapter, fees 2 19 collected by the department under this subsection shall be 2 20 remitted to the treasurer of state and credited to thegeneral2 21 environmental protection fundof the statecreated in section 2 22 455B.106. 2 23 Sec. 3. NEW SECTION. 455B.106 ENVIRONMENTAL PROTECTION 2 24 FUND. 2 25 1. An environmental protection fund is created in the 2 26 state treasury under the control of the department. Except as 2 27 otherwise provided, the fund consists of moneys appropriated 2 28 by the general assembly to the fund, moneys deposited into the 2 29 fund from fees as provided in subsection 2, moneys deposited 2 30 into the fund from civil penalties and fines as provided in 2 31 sections 29C.8A, 455B.105, and 455B.109, and other moneys 2 32 available to and obtained or accepted by the department from 2 33 the federal government or private sources for placement in the 2 34 fund. Moneys in the fund are appropriated and shall be used 2 35 for purposes of carrying out the provisions of this chapter, 3 1 which relate to the administration, regulation, and 3 2 enforcement of the environmental protection laws, rules, and 3 3 permits. 3 4 2. The commission shall adopt schedules of fees as 3 5 required pursuant to section 455B.105. 3 6 3. Moneys in the fund are subject to an annual audit by 3 7 the auditor of state. The fund is subject to warrants by the 3 8 director of revenue and finance, drawn upon the written 3 9 requisition of the department. 3 10 4. Notwithstanding section 8.33, any moneys in the fund 3 11 that remain unexpended or unobligated at the end of each 3 12 fiscal year shall not revert but shall remain in the fund for 3 13 expenditure in the succeeding fiscal year. Notwithstanding 3 14 section 12C.7, subsection 2, interest or earnings on 3 15 investments or time deposits of the moneys in the fund shall 3 16 be credited to the fund. 3 17 5. On or before November 15 of each year, the department 3 18 shall submit a report regarding the fund to the department of 3 19 management and the legislative fiscal bureau. The report 3 20 shall include all of the following: 3 21 a. The balance of unobligated and unencumbered moneys in 3 22 the fund as of November 1. 3 23 b. A summary of revenue deposited in and expenditures from 3 24 the fund since the previous report. 3 25 c. Estimates of revenues expected to be deposited into the 3 26 fund during the current fiscal year, and an estimate of the 3 27 expected balance of unobligated and unencumbered moneys in the 3 28 fund on June 30 of the current fiscal year. 3 29 6. Notwithstanding any limitation on the department of 3 30 natural resources regarding the number of full-time equivalent 3 31 positions as defined in section 8.36A, any full-time 3 32 equivalency limitation on personnel, or any other limitation 3 33 on the number of personnel or their employment classification, 3 34 imposed by the department of management, the department of 3 35 natural resources may employ the number of full-time 4 1 equivalent positions which equals the number of positions 4 2 allocated by the general assembly to the department of natural 4 3 resources for each applicable fiscal year in order to carry 4 4 out the provisions of this chapter. If a specific number of 4 5 full-time equivalent positions are not funded by the general 4 6 assembly, the department of natural resources may fill any 4 7 number of positions required to administer the program, to the 4 8 extent the positions are supported by the fund. 4 9 Sec. 4. Section 455B.109, subsection 4, Code 1999, is 4 10 amended to read as follows: 4 11 4. All civil penalties assessed by the department and 4 12 interest on the penalties shall be deposited in thegeneral4 13 environmental protection fundof the statecreated in section 4 14 455B.106. However, civil penalties assessed by the department 4 15 and interest on penalties, arising out of violations committed 4 16 by animal feeding operations under division II, part 2, shall 4 17 be deposited in the manure storage indemnity fund as created 4 18 in section 455J.2. Civil penalties assessed by the department 4 19 and interest on the penalties arising out of violations 4 20 committed by animal feeding operations under division III, 4 21 which may be assessed pursuant to section 455B.191, shall be 4 22 deposited in the manure storage indemnity fund as created in 4 23 section 455J.2. 4 24 Sec. 5. Section 455B.454, Code 1999, is amended to read as 4 25 follows: 4 26 455B.454 PENALTIES. 4 27 A person required to obtain a site license under this part 4 28 6 of division IV who constructs a facility without having 4 29 first obtained the license is subject to a civil penalty of 4 30 not more than ten thousand dollars for each violation or for 4 31 each day of continuing violation.Civil penalties collected4 32pursuant to this subsection shall be forwarded by the clerk of4 33court to the treasurer of state for deposit in the general4 34fund of the state.4 35 Sec. 6. Section 455B.466, Code 1999, is amended to read as 5 1 follows: 5 2 455B.466 CIVIL PENALTIES. 5 3 A person who violates a provision of this part is subject 5 4 to a civil penalty of not more thantentwenty-five thousand 5 5 dollars for each violation and for each day of continuing 5 6 violation.Civil penalties collected pursuant to this section5 7shall be forwarded by the clerk of the district court to the5 8treasurer of state for deposit in the general fund of the5 9state.5 10 EXPLANATION 5 11 This bill creates an environmental protection fund. The 5 12 bill provides that moneys in the fund are appropriated and 5 13 shall be used for purposes of carrying out the provisions of 5 14 Code chapter 455B which relate to the administration, 5 15 regulation, and enforcement of environmental laws, rules, and 5 16 permits. The bill provides that the department of natural 5 17 resources shall submit a report to the department of 5 18 management and the legislative fiscal bureau on or before 5 19 November 15 of each year. The bill provides that the report 5 20 shall include information regarding the balance of the fund, a 5 21 summary of revenues and expenditures, estimated future 5 22 revenues, and estimated future balance of the fund. 5 23 The bill provides that, in spite of any full-time 5 24 equivalent position limitations stated in Code section 8.36A, 5 25 any full-time equivalency limitation on personnel, or any 5 26 other limitation on the number of personnel or their 5 27 employment classification as imposed by the department of 5 28 management, the department of natural resources may employ the 5 29 number of full-time equivalent positions funded by the general 5 30 assembly for each applicable fiscal year. 5 31 The bill amends Code section 29C.8A relating to a funding 5 32 formula for the waste volume reduction and recycling fund, the 5 33 household hazardous waste account, and the emergency response 5 34 fund using moneys collected from certain civil penalties and 5 35 fines. The bill adds the environmental protection fund to the 6 1 funding formula, removes the waste volume reduction and 6 2 recycling fund and the household hazardous waste account from 6 3 the funding formula, and adds additional civil penalties and 6 4 fines to the formula. The bill provides that certain other 6 5 civil penalties and fines in Code chapter 455B, but not 6 6 included in the funding formula in Code section 29C.8A, be 6 7 used to fund the environmental protection fund. 6 8 The bill provides that, in addition to permits, the 6 9 department shall adopt rules and fee schedules relating to 6 10 approvals and notifications required under programs 6 11 administered by the department. 6 12 The bill increases the maximum civil penalty from $10,000 6 13 to $25,000 for violations related to the disposal of hazardous 6 14 waste on land. 6 15 LSB 5298DP 78 6 16 tm/cls/14.1
Text: HSB00689 Text: HSB00691 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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