Text: HSB00689                          Text: HSB00691
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 690

Bill Text

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.477 shall be deposited in the waste
  1  9 volume reduction and recycling fund created in section
  1 10 455D.15.  The next hundred thousand dollars shall be deposited
  1 11 in the emergency response fund and any additional moneys shall
  1 12 be deposited in the household hazardous waste account
  1 13 environmental protection fund created in section 455B.106.
  1 14 All moneys received annually by the treasurer of the state for
  1 15 the fines imposed by sections 716B.2, 716B.3, and 716B.4 shall
  1 16 also be deposited in the emergency response environmental
  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, and general 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, and conditional 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, and
  2  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 the applicant regulated
  2  6 facility and to the public of permit and conditional permit
  2  7 review, issuance, and monitoring compliance, and correcting
  2  8 violation of the terms of the permits and rules.
  2  9    It is the intention of the legislature that permit fees
  2 10 shall not cover any costs connected with correcting violation
  2 11 of the terms of any permit and shall 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, or conditional 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 the general
  2 21 environmental protection fund of the state created 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 the general
  4 13 environmental protection fund of the state created 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 collected
  4 32 pursuant to this subsection shall be forwarded by the clerk of
  4 33 court to the treasurer of state for deposit in the general
  4 34 fund 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 than ten twenty-five thousand
  5  5 dollars for each violation and for each day of continuing
  5  6 violation.  Civil penalties collected pursuant to this section
  5  7 shall be forwarded by the clerk of the district court to the
  5  8 treasurer of state for deposit in the general fund of the
  5  9 state.  
  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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