Text: HF00144 Text: HF00146 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 89B.8, subsection 1, Code 2003, 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 2003, 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 2003, 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 hazardous 1 29 chemical management practices, exits and exit lights, fire 1 30 escapes, fire protection, fire safety and the elimination of 1 31 fire hazards, in and for churches, schools, hotels, theaters, 1 32 amphitheaters, hospitals, health care facilities as defined in 1 33 section 135C.1, boarding homes or housing, rest homes, 1 34 dormitories, college buildings, lodge halls, club rooms, 1 35 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 137C.18, Code 2003, is amended to read as 2 16 follows: 2 17 137C.18FIRESAFETY. 2 18 Violation of afiresafety rule adopted pursuant to section 2 19 100.35 and applicable to hotels, occurring on the premises of 2 20 a hotel, is a violation of this chapter. 2 21 Sec. 5. Section 137C.35, unnumbered paragraph 2, Code 2 22 2003, is amended to read as follows: 2 23 A bed and breakfast inn is subject to regulation, 2 24 licensing, and inspection under this chapter, but separate 2 25 toilet and lavatory facilities shall not be required for each 2 26 guest room. Additionally, a bed and breakfast inn is exempt 2 27 fromfiresafety rules adopted pursuant to section 100.35 and 2 28 applicable to hotels, but is subject tofiresafety rules 2 29 which the state fire marshal shall specifically adopt for bed 2 30 and breakfast inns. 2 31 Sec. 6. Section 137F.15, Code 2003, is amended to read as 2 32 follows: 2 33 137F.15FIRESAFETY. 2 34 A violation of afiresafety rule adopted pursuant to 2 35 section 100.35 and applicable to food establishments or food 3 1 processing plants which occurs on the premises of a food 3 2 establishment or food processing plant is a violation of this 3 3 chapter. 3 4 Sec. 7. Section 256.11, subsections 3 and 4, Code 2003, 3 5 are amended to read as follows: 3 6 3. The following areas shall be taught in grades one 3 7 through six: English-language arts, social studies, 3 8 mathematics, science, health, human growth and development, 3 9 physical education, traffic safety, music, and visual art. 3 10 The science curriculum shall include the topics of science 3 11 safety and proper hazardous waste management. The health 3 12 curriculum shall include the characteristics of communicable 3 13 diseases including acquired immune deficiency syndrome. The 3 14 state board as part of accreditation standards shall adopt 3 15 curriculum definitions for implementing the elementary 3 16 program. 3 17 4. The following shall be taught in grades seven and 3 18 eight: English-language arts; social studies; mathematics; 3 19 science; health; human growth and development, family, 3 20 consumer, career, and technology education; physical 3 21 education; music; and visual art. The science curriculum 3 22 shall include the topics of science safety and proper 3 23 hazardous waste management. The health curriculum shall 3 24 include the characteristics of sexually transmitted diseases 3 25 and acquired immune deficiency syndrome. The state board as 3 26 part of accreditation standards shall adopt curriculum 3 27 definitions for implementing the program in grades seven and 3 28 eight. However, this subsection shall not apply to the 3 29 teaching of family, consumer, career, and technology education 3 30 in nonpublic schools. 3 31 Sec. 8. Section 256.11, subsection 5, paragraph a, Code 3 32 2003, is amended to read as follows: 3 33 a. Five units of science including physics and chemistry; 3 34 the units of physics and chemistry may be taught in alternate 3 35 years. The science curriculum shall include the topics of 4 1 science safety and proper hazardous waste management. 4 2 Sec. 9. Section 280.14, Code 2003, is amended to read as 4 3 follows: 4 4 280.14 SCHOOL REQUIREMENTS. 4 5 1. The board or governing authority of each school or 4 6 school district subject to the provisions of this chapter 4 7 shall establish and maintain adequate administration, school 4 8 staffing, personnel assignment policies, teacher 4 9 qualifications, certification requirements, facilities, 4 10 equipment, grounds, graduation requirements, instructional 4 11 requirements, instructional materials, maintenance procedures 4 12 and policies on extracurricular activities. In addition the 4 13 board or governing authority of each school or school district 4 14 shall provide such principals as it finds necessary to provide 4 15 effective supervision and administration for each school and 4 16 its faculty and student body. An individual who is employed 4 17 or contracted as a superintendent by a school or school 4 18 district may also serve as an elementary principal in the same 4 19 school or school district. 4 20 2. The board of directors of each school district and the 4 21 authorities in charge of each accredited nonpublic school 4 22 shall act to meet the criteria for conditionally exempt small 4 23 quantity generators of hazardous waste as set forth in 40 4 24 C.F.R. } 261.5, by the United States environmental protection 4 25 agency. 4 26 Sec. 10. NEW SECTION. 455F.12 COMPREHENSIVE SAFE 4 27 CHEMICAL MANAGEMENT IN SCHOOLS PROGRAM ESTABLISHED – 4 28 APPROPRIATION. 4 29 1. A comprehensive safe chemical management in schools 4 30 program is established within the department to provide for 4 31 training in safe chemical management for school district 4 32 personnel, or for a pollution prevention curriculum at each 4 33 attendance center in a school district, for on-site 4 34 identification and management of radioactives and potential 4 35 explosives in school districts, and for grants for the safe 5 1 disposal of hazardous materials found in school district 5 2 attendance centers. 5 3 2. There is appropriated from the rebuild Iowa 5 4 infrastructure fund to the department of natural resources for 5 5 each fiscal year of the fiscal period beginning July 1, 2003, 5 6 and ending June 30, 2008, the sum of seven hundred ninety- 5 7 three thousand dollars for the comprehensive safe chemical 5 8 management in schools program. 5 9 3. Moneys appropriated for purposes of the comprehensive 5 10 safe chemical management in schools program shall be allocated 5 11 and used as follows: 5 12 a. Twenty-four thousand dollars of the funds appropriated 5 13 annually shall be allocated to the department, the department 5 14 of public health, or the department of public safety, as 5 15 appropriate, for the disposal of radioactive or explosive 5 16 materials found in school district attendance centers during a 5 17 hazardous materials inspection. 5 18 b. Three hundred thirty-four thousand dollars of the funds 5 19 appropriated annually shall be allocated to provide 5 20 comprehensive hazardous materials management training and risk 5 21 assessment to participating school districts. Persons who are 5 22 employed by a school district and receive training pursuant to 5 23 this paragraph shall, at a minimum, conduct an inspection of 5 24 each attendance center located in the district to identify and 5 25 mark household hazardous materials, complete an inventory of 5 26 all chemicals maintained at the attendance center, and enter 5 27 the materials identified into a database, and shall notify 5 28 appropriate state agencies for disposal assistance. 5 29 c. Three hundred sixty thousand dollars of the funds 5 30 appropriated annually shall be allocated to the department to 5 31 provide grants to school districts for hazardous materials 5 32 disposal. A participating school shall match state assistance 5 33 received for purposes of this paragraph in the amount of 5 34 twenty cents for every eighty cents received in state 5 35 assistance. A school is exempt from the match requirement if 6 1 the school implements a small scale or microscale chemistry 6 2 experimentation curriculum or a pollution prevention 6 3 curriculum prior to applying for a grant for hazardous 6 4 materials disposal. 6 5 d. Seventy-five thousand dollars of the funds allocated 6 6 annually shall be allocated to the department for 6 7 administration of the comprehensive safe chemical management 6 8 in schools program. 6 9 4. The department shall develop a list of approved 6 10 hazardous waste facilities that meet the criteria for 6 11 conditionally exempt small quantity generators of hazardous 6 12 waste set forth by the United States environmental protection 6 13 agency. A participating school district shall enter into a 6 14 contract with an approved facility for disposal of unwanted 6 15 hazardous materials. 6 16 5. Notwithstanding section 8.33, unencumbered or 6 17 unobligated funds appropriated under subsection 2 remaining on 6 18 June 30 of the fiscal year for which the funds were 6 19 appropriated shall not revert but shall be available for 6 20 expenditure for the following fiscal year for the purposes of 6 21 subsection 3, paragraph "b", "c", or "d". 6 22 6. The department shall prepare and submit annually a 6 23 report on the progress and financial status of this program to 6 24 the general assembly by January 15. 6 25 Sec. 11. STATE MANDATE FUNDING SPECIFIED. In accordance 6 26 with section 25B.2, subsection 3, the state cost of requiring 6 27 compliance with any state mandate included in this Act shall 6 28 be paid by a school district from state school foundation aid 6 29 received by the school district under section 257.16. This 6 30 specification of the payment of the state cost shall be deemed 6 31 to meet all the state funding-related requirements of section 6 32 25B.2, subsection 3, and no additional state funding shall be 6 33 necessary for the full implementation of this Act by and 6 34 enforcement of this Act against all affected school districts. 6 35 EXPLANATION 7 1 This bill relates to hazardous chemical management by state 7 2 employees and school districts. The bill provides that each 7 3 state employee has the right to be informed about the 7 4 hazardous chemicals to which the employee may be exposed in 7 5 the workplace, including proper protective equipment, storage, 7 6 and disposal methods; expands the inspection requirements of 7 7 the state fire marshal's office and local fire inspectors to 7 8 include fire hazards associated with improper chemical 7 9 management practices; requires the state fire marshal to adopt 7 10 standards relating to hazardous chemical management practices; 7 11 requires that the science curriculum used in grades 1 through 7 12 12 include the topics of science safety and proper hazardous 7 13 waste management; requires schools and school districts to 7 14 meet the criteria for conditionally exempt small quantity 7 15 generators of hazardous waste under federal regulations, and 7 16 appropriates $793,000 annually, or $3,965,000 over a five-year 7 17 period to the department of natural resources, from the 7 18 rebuild Iowa infrastructure fund of the state for the 7 19 establishment, administration, and implementation of the 7 20 comprehensive safe chemical management in schools program. 7 21 The Code chapters regulating hotels (Code chapter 137C), 7 22 and food establishments and food processing plants (Code 7 23 chapter 137F) make a violation of the fire marshal's safety 7 24 rules a violation of the Code chapter that regulates the 7 25 business. A person who violates Code chapter 137C is guilty 7 26 of a simple misdemeanor. A person who violates Code chapter 7 27 137F is subject to a civil penalty of $100 per violation. 7 28 The bill also allocates $334,000 annually to provide 7 29 comprehensive hazardous materials management training to 7 30 participating school districts. Persons who receive training 7 31 must inspect each attendance center located in a district to 7 32 identify and mark household hazardous materials, complete an 7 33 inventory of all chemicals maintained at the attendance 7 34 center, and enter the materials identified into a database, 7 35 and must notify appropriate state agencies for disposal 8 1 assistance. 8 2 The bill also allocates $360,000 annually to provide grants 8 3 to school districts for hazardous materials disposal. School 8 4 districts must contract with a facility approved by the 8 5 department for the disposal of unwanted hazardous materials. 8 6 A school district must commit a 20 cent local match for every 8 7 80 cents of state financial assistance received for hazardous 8 8 materials disposal, except that a school that has the 8 9 curriculum in place prior to applying for a disposal grant is 8 10 exempt from the match requirement. 8 11 The bill allocates $24,000 annually for the disposal of 8 12 radioactive or explosive materials found in school district 8 13 attendance centers during a hazardous materials inspection. 8 14 The department is allocated $75,000 annually for the 8 15 administration of the program. Funds remaining at the end of 8 16 the fiscal year do not revert but remain available for 8 17 training or for grants for implementation of the small or 8 18 microscale chemistry curriculum or for disposal of hazardous 8 19 waste materials. 8 20 The bill may include a state mandate as defined in Code 8 21 section 25B.3. The bill requires that the state cost of any 8 22 state mandate included in the bill be paid by a school 8 23 district from state school foundation aid received by the 8 24 school district under Code section 257.16. The specification 8 25 is deemed to constitute state compliance with any state 8 26 mandate funding-related requirements of Code section 25B.2. 8 27 The inclusion of this specification is intended to reinstate 8 28 the requirement of political subdivisions to comply with any 8 29 state mandates included in the bill. 8 30 LSB 2010HH 80 8 31 kh/cl/14
Text: HF00144 Text: HF00146 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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