Text: HF00650 Text: HF00652 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 455L.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Community" means one or more cities, a county, or a
1 5 combination of one or more cities and a county.
1 6 2. "Department" means the department of natural resources
1 7 created under section 455A.2.
1 8 3. "Facility" means land and structures, other
1 9 appurtenances, and improvements on the land which require a
1 10 permit pursuant to chapter 455B.
1 11 Sec. 2. NEW SECTION. 455L.2 IDENTIFICATION OF
1 12 ENVIRONMENTAL HIGH-IMPACT AREAS.
1 13 1. a. By July 1, 2002, the department shall assess the
1 14 degree of risk to human health posed by releases of toxic
1 15 substances in each county.
1 16 b. For each county, the department shall calculate and
1 17 compile the total weight of toxic pollutants released into the
1 18 ambient environment, broken down by releases into the air,
1 19 water, and land and by each toxic pollutant.
1 20 c. In compiling the data required in paragraph "b", the
1 21 department shall disregard toxic pollutants which are in a
1 22 contained, controlled environment such as barrels, factories,
1 23 warehouses, or lined landfills.
1 24 d. The department shall publish for public comment by
1 25 December 1, 2002, the methods to be used to calculate the
1 26 total weight of toxic chemicals released in each county.
1 27 e. The department shall publish for public comment, not
1 28 later than December 1, 2002, the methods to be used to assess
1 29 the degree of risk posed by releases of toxic chemicals, as
1 30 required under this subsection, as well as the basis for the
1 31 threshold level of substantial risk determined by the
1 32 department pursuant to subsection 3.
1 33 2. The department shall publish a list of all counties
1 34 that are below the threshold level of substantial risk, ranked
1 35 by the assessed degree of risk. The department shall revise
2 1 and republish this list every two years using the most recent
2 2 data available.
2 3 3. a. By July 1, 2003, and every two years thereafter,
2 4 the department shall designate any county as an environmental
2 5 high-impact area if the degree of risk to human health posed
2 6 by releases of toxic pollutants in that county meets a
2 7 threshold level of substantial risk established by the
2 8 department.
2 9 b. To ensure that facilities with the highest potential
2 10 for releases of toxic pollutants are operating in compliance
2 11 with all applicable state environmental health and safety laws
2 12 and applicable permits, the department shall conduct
2 13 inspections of any facility that handles toxic pollutants in
2 14 an environmental high-impact area.
2 15 4. a. By July 1, 2003, the department of public health
2 16 shall publish a report on each environmental high-impact area
2 17 that provides all of the following information:
2 18 (1) Documents incidents of cancer, birth deformities,
2 19 infant mortality rates, and respiratory diseases.
2 20 (2) Compares the incidence of adverse health impacts under
2 21 subparagraph (1) in environmental high-impact areas with state
2 22 and demographic averages.
2 23 (3) Assesses the health risks posed by releases of toxic
2 24 chemicals by individual chemical and by cumulative releases.
2 25 (4) Determines, in consultation with the department of
2 26 natural resources, the levels to which releases of toxic
2 27 pollutants, individually and cumulatively, must be reduced so
2 28 that a county no longer is designated as an environmental
2 29 high-impact area.
2 30 (5) Determines, in consultation with the department of
2 31 natural resources, the impact of releases not regulated by law
2 32 and releases in violation of current law.
2 33 b. If the report required under this subsection identifies
2 34 significant adverse health impacts from exposure to toxic
2 35 pollutants as defined by the department of natural resources,
3 1 a review board consisting of citizen representatives of any
3 2 affected community, industry representatives, legislators, and
3 3 the governor shall propose solutions to remedy and prevent
3 4 such impacts.
3 5 Sec. 3. NEW SECTION. 455L.3 ASSISTANCE TO COMMUNITY-
3 6 BASED HEALTH CARE PROVIDERS.
3 7 The department shall provide grants to community-based
3 8 health facilities in environmental high-impact areas to enable
3 9 a community-based health facility to establish special
3 10 programs to monitor and respond to adverse health impacts
3 11 experienced by the residents of the community.
3 12 Sec. 4. NEW SECTION. 455L.4 PUBLIC HEARINGS.
3 13 1. The department shall hold public hearings to
3 14 investigate issues concerning possible inequities and
3 15 discrimination in state enforcement of environmental laws.
3 16 The department shall establish a citizen advisory committee to
3 17 ensure direct citizen participation in the hearings.
3 18 Immediately following the completion of the public hearing
3 19 process, the department shall file a report with the general
3 20 assembly which summarizes the hearings, evaluates any concerns
3 21 voiced by the citizens, and recommends remedies for any
3 22 existing inequities or discrimination in enforcement.
3 23 2. Additional public hearings may be held if the
3 24 department determines that the need is shown. The department
3 25 shall make this determination based upon a review of a citizen
3 26 petition. The department shall file a report with the general
3 27 assembly, as described in subsection 1, whenever an additional
3 28 public hearing process occurs.
3 29 Sec. 5. NEW SECTION. 455L.5 COMMUNITY IMPACT STATEMENTS.
3 30 1. The department shall require the preparation of a
3 31 community impact statement as part of the permitting process
3 32 for any new facility that handles toxic pollutants and for any
3 33 expansion of an existing facility.
3 34 2. Each community impact statement shall be made available
3 35 for public review, following its release to the elected
4 1 officials of the applicable community.
4 2 3. The department shall do all of the following:
4 3 a. Give significant weight to the community impact
4 4 statement when making any final decision regarding the
4 5 issuance of a permit.
4 6 b. Deny a permit application, if the community impact
4 7 statement identifies any current violations of other permits
4 8 held by the applicant.
4 9 c. Hold a public hearing at which members of the general
4 10 public of the community where the proposed facility would be
4 11 located or where the expansion would take place can provide
4 12 public comments on the community impact statement and other
4 13 issues relating to the permitting of the facility in their
4 14 community. The community impact statement and comments made
4 15 at the public hearing shall be part of the record on which the
4 16 permitting decision by the department is based.
4 17 4. An independent contractor shall prepare the community
4 18 impact statement. The independent contractor shall possess
4 19 certain qualifications as defined by the department. The
4 20 independent contractor shall be selected by the community's
4 21 chief elected official following consultation with community
4 22 members and the permit applicant.
4 23 5. There shall be a fee for each permit application for
4 24 which a community impact statement is required.
4 25 6. A community impact statement shall identify and
4 26 describe each of the following:
4 27 a. The types of chemical releases expected from the
4 28 facility.
4 29 b. The projected effects of the facility on the health,
4 30 environment, and economy of the community where the site would
4 31 be located.
4 32 c. The options or alternatives for mitigating any negative
4 33 impacts on the health, environment, and economy of the
4 34 affected community.
4 35 d. The demographic characteristics of the community where
5 1 the facility would be located.
5 2 e. The presence in the affected community of any other
5 3 existing toxic chemical facilities and hazardous waste sites.
5 4 f. The applicant's record of compliance with state and
5 5 federal environmental laws, including the record of compliance
5 6 of any firm affiliated with the applicant.
5 7 7. A community impact statement shall be completed by the
5 8 independent contractor within three months from the date on
5 9 which the application is filed. Upon completion of a
5 10 community impact statement, the statement shall be submitted
5 11 to the department.
5 12 8. a. When a community impact statement identifies a
5 13 likely significant adverse pollution effect on the local
5 14 economy and employment level of the community where the
5 15 facility will be located, the state shall take actions to
5 16 mitigate the effects. The state may attempt to mitigate these
5 17 effects by supporting community programs relating to
5 18 employment and economic development, including all of the
5 19 following:
5 20 (1) Job training and placement programs.
5 21 (2) Community development corporations.
5 22 (3) Microloan programs for local businesses.
5 23 (4) Day care centers for low-income working parents.
5 24 (5) Adult educational programs.
5 25 b. The department, in consultation with appropriate state
5 26 agencies, shall specify which adverse impacts are to be
5 27 considered significant under this subsection.
5 28 Sec. 6. NEW SECTION. 455L.6 LOAN PROGRAM.
5 29 1. The state shall establish in the state treasury a
5 30 community-based environmental cleanup, health testing, and
5 31 health remediation fund under the control of the department.
5 32 The fund shall consist of any moneys appropriated by the
5 33 general assembly and any other moneys available to and
5 34 obtained or accepted by the department for placement in the
5 35 fund. Payments of interest, repayments of moneys loaned, and
6 1 recaptures of loans shall be deposited in the fund. Moneys in
6 2 the fund are not subject to section 8.33. Notwithstanding
6 3 section 12C.7, interest or earnings on moneys in the fund
6 4 shall be credited to the fund.
6 5 2. The fund shall be used for loans to provide resources
6 6 for community-based environmental cleanup, health testing, and
6 7 health remediation. To receive moneys from the fund,
6 8 applicants must submit a detailed proposal outlining how the
6 9 moneys will be used and how the cleanup, testing, or
6 10 remediation will be achieved. Loans may be forgiven upon
6 11 satisfactory completion of the proposed cleanup, testing, or
6 12 remediation.
6 13 Sec. 7. NEW SECTION. 455L.7 GENERAL PROHIBITION.
6 14 1. A facility that handles toxic pollutants within twelve
6 15 miles of any existing permitted facility shall not receive a
6 16 permit from the department.
6 17 2. The prohibition in subsection 1 may be waived if, based
6 18 on public comment from the community where the facility would
6 19 be located, the applicable local government entity does either
6 20 of the following:
6 21 a. Determines that significant local environment needs
6 22 require the new facility.
6 23 b. Decides to accept the siting of the new facility in
6 24 exchange for incentives offered to the community by the
6 25 operators of the facility. Such incentives may include, but
6 26 are not limited to, any of the following:
6 27 (1) Increased employment.
6 28 (2) Direct payments to the local government.
6 29 (3) Contributions by the facility to the community
6 30 infrastructure.
6 31 (4) Compensation to individual landowners for any assessed
6 32 decrease in property values.
6 33 (5) Subsidization of community services.
6 34 3. Public comment shall be obtained through public
6 35 hearings and any other appropriate mechanism.
7 1 Sec. 8. NEW SECTION. 455L.8 MORATORIUM IN ENVIRONMENTAL
7 2 HIGH-IMPACT AREAS.
7 3 1. If a county is designated an environmental high-impact
7 4 area, there shall be a moratorium in that county on the siting
7 5 or permitting of any new facility or an expansion of an
7 6 existing facility that handles toxic pollutants. A new
7 7 facility or an expansion may be sited or permitted in the
7 8 county during the moratorium only if either of the following
7 9 occurs:
7 10 a. The appropriate local government determines that there
7 11 is a significant environmental need for the new facility or
7 12 expansion.
7 13 b. The facility demonstrates that it will minimize any
7 14 releases that threaten public health and maintain a
7 15 comprehensive pollution prevention program.
7 16 2. The moratorium shall continue in effect until the
7 17 department determines that the county is no longer an
7 18 environmental high-impact area. The determination shall be
7 19 based on a reassessment of the degree of risk to human health
7 20 posed by releases of toxic pollutants in each county.
7 21 Sec. 9. NEW SECTION. 455L.9 GRANTS FOR IMPACT STUDIES OF
7 22 EXISTING FACILITIES.
7 23 1. The department shall establish a grant program for the
7 24 purposes of awarding community impact study grants.
7 25 2. The grants shall enable a person, citizen group, or
7 26 local governmental entity to obtain an independent study of
7 27 the impact of facilities in the area that handle toxic
7 28 pollutants which were sited prior to the requirement of
7 29 community impact statements. The study shall detail the
7 30 effects on the local economy, the environment, and public
7 31 health.
7 32 3. To receive a grant, an applicant must present evidence
7 33 that the community experiences significant levels of at least
7 34 one of the following:
7 35 a. Economic depression.
8 1 b. Environmental hazards.
8 2 c. Public health problems.
8 3 4. The impact studies may be used for any of the following
8 4 purposes:
8 5 a. To facilitate the filing of citizen petitions for a
8 6 public hearing.
8 7 b. To request an investigation by the department of the
8 8 need for remedial action.
8 9 c. To qualify for state assistance for community programs
8 10 relating to employment and economic development.
8 11 Sec. 10. NEW SECTION. 455L.10 SPECIAL INSURANCE.
8 12 The department shall create a program to assist communities
8 13 and individuals in purchasing special insurance policies to
8 14 cover the risk of a future decrease in property values
8 15 attributable to the siting or operation of a facility.
8 16 Sec. 11. NEW SECTION. 455L.11 COMPLIANCE AGREEMENTS.
8 17 The state shall enable communities to enter into compliance
8 18 agreements with an operator of any new facility that handles
8 19 toxic pollutants. If a local governmental entity decides to
8 20 offer incentives to an operator of a facility to locate a
8 21 facility in the community in exchange for promises of economic
8 22 development and increased employment, the local governmental
8 23 entity may institute a compliance agreement. The compliance
8 24 agreement shall ensure that if a facility does not satisfy its
8 25 promises, the local governmental entity shall get a portion of
8 26 its incentives reimbursed.
8 27 Sec. 12. NEW SECTION. 455L.12 SPECIAL COMMUNITY
8 28 PROGRAMS.
8 29 The department shall establish all of the following for
8 30 communities located in environmental high-impact areas:
8 31 1. A program enabling communities to hire independent
8 32 experts to conduct both on-site and off-site monitoring of
8 33 local facilities to ensure that the facilities are complying
8 34 with permit requirements and state and federal laws.
8 35 2. Community environmental resource centers located within
9 1 existing community service facilities and institutions,
9 2 staffed by an environmental expert, that shall do all of the
9 3 following:
9 4 a. Provide environmental awareness training to the general
9 5 public.
9 6 b. Provide education to the general public regarding state
9 7 and federal right-to-know laws.
9 8 c. Inform the general public regarding the opportunities
9 9 to participate and affect governmental decisions relating to
9 10 the environment.
9 11 d. Serve as a clearinghouse for environmental information.
9 12 3. A program which facilitates contact between the general
9 13 public of an affected community and environmental groups,
9 14 health experts, and legal advisors serving on a volunteer
9 15 basis to promote environmental justice.
9 16 Sec. 13. NEW SECTION. 455L.13 RULES.
9 17 The department shall adopt rules pursuant to chapter 17A to
9 18 administer this chapter.
9 19 EXPLANATION
9 20 This bill creates new Code chapter 455L which relates to
9 21 environmental high-impact areas and the use of community
9 22 impact statements in the permitting process for facilities
9 23 handling toxic pollutants.
9 24 The bill provides a process for identifying environmental
9 25 high-impact areas. The bill provides that the department of
9 26 natural resources shall assess the degree of risk to human
9 27 health posed by releases of toxic substances in each county.
9 28 The bill provides that the department shall designate any
9 29 county as an environmental high-impact area if the degree of
9 30 risk to human health posed by releases of toxic pollutants in
9 31 that county meets a threshold level of substantial risk
9 32 established by the department. The bill requires the
9 33 department to inspect any facility that handles toxic
9 34 pollutants in an environmental high-impact area. The bill
9 35 allows for public participation in the identification process.
10 1 The bill requires the department of public health to
10 2 publish a report on each environmental high-impact area that
10 3 documents incidents of cancer, birth deformities, infant
10 4 mortality rates, and respiratory diseases; compares the
10 5 incidence of adverse health impacts in environmental high-
10 6 impact areas with state and demographic averages; assesses the
10 7 health risks posed by releases of toxic chemicals by
10 8 individual chemical and by cumulative releases; determines, in
10 9 consultation with the department of natural resources, the
10 10 levels to which releases of toxic pollutants, individually and
10 11 cumulatively, must be reduced so that a county shall no longer
10 12 be designated as an environmental high-impact area; and
10 13 determines, in consultation with the department of natural
10 14 resources, the impact of releases not regulated by law and
10 15 releases in violation of current law.
10 16 The bill provides that the department of natural resources
10 17 shall provide grants to community-based health facilities in
10 18 environmental high-impact areas to enable a community-based
10 19 health facility to establish special programs to monitor and
10 20 respond to adverse health impacts experienced by the residents
10 21 of the community.
10 22 The bill provides for a public hearing process to
10 23 investigate issues concerning possible inequities and
10 24 discrimination in state enforcement of environmental laws.
10 25 The bill provides that the department of natural resources
10 26 shall establish a citizen advisory committee to ensure direct
10 27 citizen participation in the hearings. The bill provides that
10 28 immediately following the completion of the public hearing
10 29 process, the department shall file a report with the general
10 30 assembly which summarizes the hearings, evaluates any concerns
10 31 voiced by the citizens, and recommends remedies for any
10 32 existing inequities or discrimination in enforcement.
10 33 The bill provides that the department of natural resources
10 34 shall require the preparation of a community impact statement
10 35 as part of the permitting process for any new facility that
11 1 handles toxic pollutants and for any expansion of an existing
11 2 facility. The bill provides that the department shall give
11 3 significant weight to the community impact statement when
11 4 making any final decision regarding the issuance of a permit;
11 5 deny a permit application, if the community impact statement
11 6 identifies any current violations of other permits held by the
11 7 applicant; and hold a public hearing where members of the
11 8 general public of the community where the proposed facility
11 9 would be located or where the expansion would take place can
11 10 provide public comments on the community impact statement and
11 11 other issues relating to the permitting of the facility in
11 12 their community.
11 13 The bill provides that an independent contractor shall
11 14 prepare the community impact statement. The bill provides
11 15 that the independent contractor shall be selected by the
11 16 community's chief elected official following consultation with
11 17 community members and the permit applicant. The bill provides
11 18 that there shall be a fee for each permit application for
11 19 which a community impact statement is required.
11 20 The bill provides that a community impact statement shall
11 21 identify and describe the types of chemical releases expected
11 22 from the facility; the projected effects of the facility on
11 23 the health, environment, and economy of the community where
11 24 the site would be located; the options or alternatives for
11 25 mitigating any negative impacts on the health, environment,
11 26 and economy of the affected community; the demographic
11 27 characteristics of the community where the facility would be
11 28 located; the presence in the affected community of any other
11 29 existing toxic chemical facilities and hazardous waste sites;
11 30 and the applicant's record of compliance with state and
11 31 federal environmental laws, including the record of compliance
11 32 of any firm affiliated with the applicant.
11 33 The bill provides that when a community impact statement
11 34 identifies a likely significant adverse pollution effect on
11 35 the local economy and employment level of the community where
12 1 the facility will be located, the state shall take action to
12 2 mitigate the effects. The bill provides that a community
12 3 impact statement shall be completed by the independent
12 4 contractor within three months from the date on which the
12 5 application is filed.
12 6 The bill provides that the state shall establish a loan
12 7 program and loan fund. The bill provides that the loans shall
12 8 be used to provide resources for community-based environmental
12 9 cleanup, health testing, and health remediation. The bill
12 10 provides that applicants must submit a detailed proposal
12 11 outlining how the moneys will be used and how the cleanup,
12 12 testing, or remediation will be achieved.
12 13 The bill provides that a facility that handles toxic
12 14 pollutants within 12 miles of any existing permitted facility
12 15 shall not receive a permit from the department. The bill
12 16 provides for a waiver of the prohibition if, based on public
12 17 comment from the community where the facility would be
12 18 located, the applicable local government entity determines
12 19 that significant local environment needs require the new
12 20 facility or decides to accept the siting of the new facility
12 21 in exchange for incentives offered to the community by the
12 22 operators of the facility.
12 23 The bill provides that if a county is designated as an
12 24 environmental high-impact area, there shall be a moratorium in
12 25 that county on the siting or permitting of any new facility or
12 26 an expansion of an existing facility that handles toxic
12 27 pollutants. The bill provides that a new facility or an
12 28 expansion may be sited or permitted in the county during the
12 29 moratorium only if the appropriate local government determines
12 30 that there is a significant environmental need for the new
12 31 facility or expansion, or the facility demonstrates that it
12 32 will minimize any releases that threaten public health and
12 33 maintain a comprehensive pollution prevention program. The
12 34 bill provides that the moratorium shall continue in effect
12 35 until the department determines that the county is no longer
13 1 designated an environmental high-impact area.
13 2 The bill provides that the department shall establish a
13 3 grant program for the purposes of awarding community impact
13 4 study grants. The bill provides that the grants shall enable
13 5 a person, citizen group, or local governmental entity to
13 6 obtain an independent study of the impact of existing
13 7 facilities that handle toxic pollutants in the area which were
13 8 sited prior to the requirement of community impact statements.
13 9 The bill provides that the study shall detail the effects on
13 10 the local economy, the environment, and public health.
13 11 The bill provides that the department shall create a
13 12 program to assist communities and individuals in purchasing
13 13 special insurance policies to cover the risk of a future
13 14 decrease in property values attributable to the siting or
13 15 operation of a facility.
13 16 The bill provides that the state shall enable communities
13 17 to enter into compliance agreements with an operator of any
13 18 new facility that handles toxic pollutants. The bill provides
13 19 that the compliance agreement shall ensure that if a facility
13 20 does not satisfy its promises relating to economic development
13 21 and increased employment, the local governmental entity shall
13 22 get a portion of its incentives reimbursed.
13 23 The bill provides that the department shall establish a
13 24 program enabling communities to hire independent experts to
13 25 conduct both on-site and off-site monitoring of local
13 26 facilities to ensure that the facilities are complying with
13 27 permit requirements and state and federal laws; community
13 28 environmental resource centers located within existing
13 29 community service facilities and institutions, staffed by an
13 30 environmental expert; and a program which facilitates contact
13 31 between the general public of an affected community and
13 32 environmental groups, health experts, and legal advisors
13 33 serving on a volunteer basis to promote environmental justice.
13 34 The bill provides the department with rulemaking authority
13 35 to administer new Code chapter 455L.
14 1 LSB 1567HH 79
14 2 tm/gg/8
Text: HF00650 Text: HF00652 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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