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PAG LIN 1 1 Section 1. Section 89B.8, subsection 1, Code 2001, is 1 2 amended to read as follows: 1 3 1. An employee in this state has the right to be informed 1 4 about the hazardous chemicals to which the employee may be 1 5 exposed in the workplace, the potential health hazards of the 1 6 hazardous chemicals, and the proper handling techniques for 1 7 the hazardous chemicals, including but not limited to proper 1 8 protective equipment, proper storage, and safe disposal 1 9 methods. An employer shall provide or make available to an 1 10 employee information as required by this chapter. Except as 1 11 explicitly exempted, this chapter applies to all employers in 1 12 the state. 1 13 Sec 2. Section 100.31, unnumbered paragraph 3, Code 2001, 1 14 is amended to read as follows: 1 15 The state fire marshal or the fire marshal's deputies shall 1 16 cause each public or private school, college or university to 1 17 be inspected at least once every two years to determine 1 18 whether each school meets the fire safety standards of this 1 19 Code and is free from other fire hazards, including those 1 20 associated with improper chemical management practices. 1 21Provided, however, thatHowever, such inspections shall be 1 22 made by fire department inspectors in citieswhichthat employ 1 23 fire department inspectorsshall cause such inspections to be1 24made. 1 25 Sec. 3. Section 100.35, unnumbered paragraph 1, Code 2001, 1 26 is amended to read as follows: 1 27 The fire marshal shall adopt, and may amend rules under 1 28 chapter 17A, which include standards relating to exits and 1 29 exit lights, fire escapes, fire protection, fire safety, 1 30 hazardous chemical management practices, and the elimination 1 31 of fire hazards, in and for churches, schools, hotels, 1 32 theaters, amphitheaters, hospitals, health care facilities as 1 33 defined in section 135C.1, boarding homes or housing, rest 1 34 homes, dormitories, college buildings, lodge halls, club 1 35 rooms, public meeting places, places of amusement, apartment 2 1 buildings, food establishments as defined in section 137F.1, 2 2 and all other buildings or structures in which persons 2 3 congregate from time to time, whether publicly or privately 2 4 owned. Violation of a rule adopted by the fire marshal is a 2 5 simple misdemeanor. However, upon proof that the fire marshal 2 6 gave written notice to the defendant of the violation, and 2 7 proof that the violation constituted a clear and present 2 8 danger to life, and proof that the defendant failed to 2 9 eliminate the condition giving rise to the violation within 2 10 thirty days after receipt of notice from the fire marshal, the 2 11 penalty is that provided by law for a serious misdemeanor. 2 12 Each day of the continuing violation of a rule after 2 13 conviction of a violation of the rule is a separate offense. 2 14 A conviction is subject to appeal as in other criminal cases. 2 15 Sec. 4. Section 256.11, subsections 3 and 4, Code 2001, 2 16 are amended to read as follows: 2 17 3. The following areas shall be taught in grades one 2 18 through six: English-language arts, social studies, 2 19 mathematics, science, health, human growth and development, 2 20 physical education, traffic safety, music, and visual art. 2 21 The science curriculum shall include the topics of science 2 22 safety and proper hazardous waste management. The health 2 23 curriculum shall include the characteristics of communicable 2 24 diseases including acquired immune deficiency syndrome. The 2 25 state board as part of accreditation standards shall adopt 2 26 curriculum definitions for implementing the elementary 2 27 program. 2 28 4. The following shall be taught in grades seven and 2 29 eight: English-language arts; social studies; mathematics; 2 30 science; health; human growth and development, family, 2 31 consumer, career, and technology education; physical 2 32 education; music; and visual art. The science curriculum 2 33 shall include the topics of science safety and proper 2 34 hazardous waste management. The health curriculum shall 2 35 include the characteristics of sexually transmitted diseases 3 1 and acquired immune deficiency syndrome. The state board as 3 2 part of accreditation standards shall adopt curriculum 3 3 definitions for implementing the program in grades seven and 3 4 eight. However, this subsection shall not apply to the 3 5 teaching of family, consumer, career, and technology education 3 6 in nonpublic schools. 3 7 Sec. 5. Section 256.11, subsection 5, paragraph a, Code 3 8 2001, is amended to read as follows: 3 9 a. Five units of science including physics and chemistry; 3 10 the units of physics and chemistry may be taught in alternate 3 11 years. The science curriculum shall include the topics of 3 12 science safety and proper hazardous waste management. 3 13 Sec. 6. Section 280.14, Code 2001, is amended to read as 3 14 follows: 3 15 280.14 SCHOOL REQUIREMENTS. 3 16 1. The board or governing authority of each school or 3 17 school district subject to the provisions of this chapter 3 18 shall establish and maintain adequate administration, school 3 19 staffing, personnel assignment policies, teacher 3 20 qualifications, certification requirements, facilities, 3 21 equipment, grounds, graduation requirements, instructional 3 22 requirements, instructional materials, maintenance procedures 3 23 and policies on extracurricular activities. In addition the 3 24 board or governing authority of each school or school district 3 25 shall provide such principals as it finds necessary to provide 3 26 effective supervision and administration for each school and 3 27 its faculty and student body. An individual who is employed 3 28 or contracted as a superintendent by a school or school 3 29 district may also serve as an elementary principal in the same 3 30 school or school district. 3 31 2. The board of directors of each school district and the 3 32 authorities in charge of each accredited nonpublic school 3 33 shall meet the criteria for conditionally exempt small 3 34 quantity generators of hazardous waste as set forth in 40 3 35 C.F.R. } 261.5, by the United States environmental protection 4 1 agency. 4 2 Sec. 7. NEW SECTION. 455F.12 COMPREHENSIVE SAFE CHEMICAL 4 3 MANAGEMENT IN SCHOOLS PROGRAM ESTABLISHED – APPROPRIATION. 4 4 1. A comprehensive safe chemical management in schools 4 5 program is established within the department to provide for 4 6 training in safe chemical management for school district 4 7 personnel, or for a pollution prevention curriculum at each 4 8 attendance center in a school district, for on-site 4 9 identification and management of radioactives and potential 4 10 explosives in school districts, and for grants for the safe 4 11 disposal of hazardous materials found in school district 4 12 attendance centers. 4 13 2. There is appropriated from the rebuild Iowa 4 14 infrastructure fund to the department of natural resources for 4 15 each fiscal year of the fiscal period beginning July 1, 2001, 4 16 and ending June 30, 2006, the sum of seven hundred ninety- 4 17 three thousand dollars for the comprehensive safe chemical 4 18 management in schools program. 4 19 3. Moneys appropriated for purposes of the comprehensive 4 20 safe chemical management in schools program shall be allocated 4 21 and used as follows: 4 22 a. Twenty-four thousand dollars of the funds appropriated 4 23 annually shall be allocated to the department, the department 4 24 of public health, or the department of public safety, as 4 25 appropriate, for the disposal of radioactive or explosive 4 26 materials found in school district attendance centers during a 4 27 hazardous materials inspection. 4 28 b. Three hundred thirty-four thousand dollars of the funds 4 29 appropriated annually shall be allocated to provide 4 30 comprehensive hazardous materials management training and risk 4 31 assessment to participating school districts. Persons who are 4 32 employed by a school district and receive training pursuant to 4 33 this paragraph shall, at a minimum, conduct an inspection of 4 34 each attendance center located in the district to identify and 4 35 mark household hazardous materials, complete an inventory of 5 1 all chemicals maintained at the attendance center, and enter 5 2 the materials identified into a database, and shall notify 5 3 appropriate state agencies for disposal assistance. 5 4 c. Three hundred sixty thousand dollars of the funds 5 5 appropriated annually shall be allocated to the department to 5 6 provide grants to school districts for hazardous materials 5 7 disposal. A participating school shall match state assistance 5 8 received for purposes of this paragraph in the amount of 5 9 twenty cents for every eighty cents received in state 5 10 assistance. A school is exempt from the match requirement if 5 11 the school implements a small scale or microscale chemistry 5 12 experimentation curriculum or a pollution prevention 5 13 curriculum prior to applying for a grant for hazardous 5 14 materials disposal. 5 15 d. Seventy-five thousand dollars of the funds allocated 5 16 annually shall be allocated to the department for 5 17 administration of the comprehensive safe chemical management 5 18 in schools program. 5 19 4. The department shall develop a list of approved 5 20 hazardous waste facilities that meet the criteria for 5 21 conditionally exempt small quantity generators of hazardous 5 22 waste set forth by the United States environmental protection 5 23 agency. A participating school district shall enter into a 5 24 contract with an approved facility for disposal of unwanted 5 25 hazardous materials. 5 26 5. Notwithstanding section 8.33, unencumbered or 5 27 unobligated funds appropriated under subsection 2 remaining on 5 28 June 30 of the fiscal year for which the funds were 5 29 appropriated shall not revert but shall be available for 5 30 expenditure for the following fiscal year for the purposes of 5 31 subsection 3, paragraph "b", "c", or "d". 5 32 6. The department shall prepare and submit annually a 5 33 report on the progress and financial status of this program to 5 34 the general assembly by January 15. 5 35 Sec. 8. STATE MANDATE FUNDING SPECIFIED. In accordance 6 1 with section 25B.2, subsection 3, the state cost of requiring 6 2 compliance with any state mandate included in this Act shall 6 3 be paid by a school district from state school foundation aid 6 4 received by the school district under section 257.16. This 6 5 specification of the payment of the state cost shall be deemed 6 6 to meet all the state funding-related requirements of section 6 7 25B.2, subsection 3, and no additional state funding shall be 6 8 necessary for the full implementation of this Act by and 6 9 enforcement of this Act against all affected school districts. 6 10 EXPLANATION 6 11 This bill relates to hazardous chemical management by state 6 12 employees and school districts. The bill provides that each 6 13 state employee has the right to be informed about the 6 14 hazardous chemicals to which the employee may be exposed in 6 15 the workplace, including proper protective equipment, storage, 6 16 and disposal methods; expands the inspection requirements of 6 17 the state fire marshal's office and local fire inspectors to 6 18 include fire hazards associated with improper chemical 6 19 management practices; requires the state fire marshal to adopt 6 20 standards relating to hazardous chemical management practices; 6 21 requires that the science curriculum used in grades 1 through 6 22 12 include the topics of science safety and proper hazardous 6 23 waste management; requires schools and school districts to 6 24 meet the criteria for conditionally exempt small quantity 6 25 generators of hazardous waste under federal regulations, and 6 26 appropriates $793,000 annually, or $3,965,000 over a five-year 6 27 period, from the rebuild Iowa infrastructure fund of the state 6 28 for the establishment, administration, and implementation of 6 29 the comprehensive safe chemical management in schools program. 6 30 The bill also allocates $334,000 annually to provide 6 31 comprehensive hazardous materials management training to 6 32 participating school districts. Persons who receive training 6 33 must inspect each attendance center located in a district to 6 34 identify and mark household hazardous materials, complete an 6 35 inventory of all chemicals maintained at the attendance 7 1 center, and enter the materials identified into a database, 7 2 and must notify appropriate state agencies for disposal 7 3 assistance. 7 4 The bill also allocates $360,000 annually to provide grants 7 5 to school districts for hazardous materials disposal. School 7 6 districts must contract with a facility approved by the 7 7 department for the disposal of unwanted hazardous materials. 7 8 A school district must commit a 20 cent local match for every 7 9 80 cents of state financial assistance received for hazardous 7 10 materials disposal, except that a school that has the 7 11 curriculum in place prior to applying for a disposal grant is 7 12 exempt from the match requirement. 7 13 The bill allocates $24,000 annually for the disposal of 7 14 radioactive or explosive materials found in school district 7 15 attendance centers during a hazardous materials inspection. 7 16 The department is allocated $75,000 annually for the 7 17 administration of the program. Funds remaining at the end of 7 18 the fiscal year do not revert but remain available for 7 19 training or for grants for implementation of the small or 7 20 microscale chemistry curriculum or for disposal of hazardous 7 21 waste materials. 7 22 The bill may include a state mandate as defined in Code 7 23 section 25B.3. The bill requires that the state cost of any 7 24 state mandate included in the bill be paid by a school 7 25 district from state school foundation aid received by the 7 26 school district under Code section 257.16. The specification 7 27 is deemed to constitute state compliance with any state 7 28 mandate funding-related requirements of Code section 25B.2. 7 29 The inclusion of this specification is intended to reinstate 7 30 the requirement of political subdivisions to comply with any 7 31 state mandates included in the bill. 7 32 LSB 1326SS 79 7 33 kh/cls/14
Text: SF00107 Text: SF00109 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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