2001 Summary of Legislation ENVIRONMENTAL PROTECTION Published by the Iowa General Assembly -- Legislative Service Bureau

ENVIRONMENTAL PROTECTION LEGISLATION

SENATE FILE 410 - Indoor Sources -- Air Quality Requirements -- VETOED BY THE GOVERNOR (full text of act)

   BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT. This bill related to the application of certain air quality requirements to indoor sources.

   Under the bill, indoor sources would not be subject to certain notices of construction and other related requirements mandated for other air contaminant sources. The bill defined "indoor source" as any emission unit or air contaminant source which is not directly vented or directly exhausted to the outside atmosphere which includes, without limitation, any air exchange through general ventilation, windows, doors, and cracks. The bill would have allowed the Department of Natural Resources (DNR) to establish a permit by rule procedure that allows a facility to establish emission limits for indoor sources and to issue construction permits for indoor sources if requested by a facility.

   The bill would have prohibited DNR from establishing any permit, registration, licensing, preconstruction notification, or recordkeeping requirements for indoor sources, but would not limit DNR’s authority to implement the emission limitations adopted by the U. S. Environmental Protection Agency (EPA) under the federal Clean Air Act, the maximum achievable control technologies required pursuant to the federal Clean Air Act Amendments of 1990, and the prevention of significant deterioration regulations adopted by the EPA under the federal Clean Air Act.

HOUSE FILE 267 - Department of Natural Resources -- Waste Management Assistance Division (full text of act)

   BY COMMITTEE ON ENVIRONMENTAL PROTECTION. This Act changes the name of the Waste Management Assistance Division of the Department of Natural Resources to the Land Quality and Waste Management Assistance Division.

HOUSE FILE 636 - Underground Storage Tank Registration and Reporting -- Corrective Action Benefits (full text of act)

   BY COMMITTEE ON ENVIRONMENTAL PROTECTION. This Act amends provisions in the Innocent Landowners Fund in Code Chapter 455G, the Iowa Comprehensive Petroleum Underground Storage Tank Fund Act, and provisions relating to the reporting of underground storage tanks in Code Chapter 455B, Jurisdiction of Department of Natural Resources (DNR).

   Currently, benefits for the costs of corrective action under the Innocent Landowners Fund are required to be provided to an owner of a petroleum-contaminated property who is not otherwise eligible to receive benefits under the Remedial Program of Code Chapter 455G. The Act expands provision of benefits from the Innocent Landowners Fund to an owner or operator of an underground storage tank, but makes provision of such benefits, which is currently mandatory with regard to property owners, discretionary with regard to property owners and owners or operators of underground storage tanks located on the property. The Act provides that benefits from the fund shall be for corrective action costs, rather than for total corrective action costs.

   The Act amends the definition of "precorrective action value" to mean the purchase price of the tank site paid by the owner of the tank site after October 26, 1990. This term is used in Code Chapter 455G in relation to the recovery of remedial account benefits upon the sale of a tank site for which remedial account benefits were received if the sale meets certain requirements.

   The Act amends Code Chapter 455B to eliminate a requirement that a person depositing a regulated substance in an underground storage tank notify an owner or operator of the tank regarding the owner’s or operator’s notification requirements. The Act provides that a person who sells, installs, modifies, or repairs a tank used or intended to be used as an underground storage tank shall notify the purchaser and the owner or operator of the tank in writing of the notification requirements.

   The Act prohibits the deposit or acceptance of a regulated substance in an underground storage tank that has not been registered and issued permanent and annual tank management fee renewal tags. The Act also prohibits the deposit of a regulated substance in an underground storage tank after receiving notice from the DNR that the tank is not covered by an approved form of financial responsibility.

   The Act eliminates an inspection requirement and related provisions for a person who conveys or deposits a regulated substance in an underground storage tank. The Act provides that an owner or operator failing to register or obtain annual renewal tags for a tank shall pay an additional fee of $250 upon registration of the tank.

   The Act permits the DNR to deny issuance of a registration or annual tank management fee renewal tag for failure of the owner or operator to provide proof that the underground storage tank is covered by an approved form of financial responsibility.

HOUSE FILE 722 - Solid Waste -- Tonnage Fees -- Solid Waste Account Moneys (full text of act)

   BY COMMITTEE ON WAYS AND MEANS. This Act amends provisions of the Code relating to solid waste tonnage fees and the Groundwater Protection Fund.

   The Act increases the amount a city, county, or public or private agency retains from the tonnage fee from $.95 to $1.20 if the 50 percent waste reduction goal has not been met by the solid waste planning area. The additional $.25 retained shall be used for implementing waste volume reduction and recycling requirements of a comprehensive plan. If a planning area meets or exceeds the 25 percent waste reduction goal, but does not meet or exceed the 50 percent goal, the planning area may retain an additional $.10 of the tonnage fee.

   The Act provides that, of the tonnage fee moneys deposited in the Solid Waste Account of the Groundwater Protection Fund, $1.55 of the tonnage fee is to be used by the Department of Natural Resources (DNR) for various purposes, by the University of Northern Iowa to develop and maintain the Iowa Waste Reduction Center for the Safe and Economic Management of Solid Waste and Hazardous Substances, and by the Iowa Department of Public Health. The remaining moneys from the tonnage fees shall be used for funding alternatives to landfills. The Act increases, from $65,000 to $165,000, the amount of the tonnage fees used by the Waste Management Assistance Division of the DNR for by-products and waste search service at the University of Northern Iowa.

   The Act takes effect July 1, 2002, with the exception of the provision in the Act relating to an increase in tonnage fee moneys used by the Waste Management Assistance Division of the DNR for by-products and waste search service at the University of Northern Iowa.

RELATED LEGISLATION

SENATE FILE 81 -- Criteria for State Economic Development Financial Assistance (Complete summary under ECONOMIC DEVELOPMENT.)

   This Act relates to economic development-related financial assistance for a person or business located in an area that is a brownfield site.

SENATE FILE 462 -- Energy Loan Fund -- Eligible Improvements (Complete summary under ENERGY & PUBLIC UTILITIES.)

   This Act strikes language relating to the Energy Loan Fund that requires recoupment of energy conservation costs within an average of six years and provides that a loan shall be made for all cost-effective management improvements.

SENATE FILE 465 -- Biodiesel Fuel Revolving Fund (Complete summary under TRANSPORTATION.)

   This Act creates a Biodiesel Fuel Revolving Fund to be administered by Iowa Department of Transportation (IDOT). The fund is to consist of moneys received from the sale of EPAct credits by IDOT, moneys appropriated by the General Assembly, and any other moneys designated for such use. The Act defines "EPAct credit" as a credit issued pursuant to the federal Energy Policy Act. The Act takes effect April 19, 2001.

SENATE FILE 479 -- On-Site Wastewater Systems Assistance Program (Complete summary under HEALTH & SAFETY.)

   This Act provides for a program to assist homeowners residing outside the boundaries of a city with improving on-site wastewater systems and establishes a fund to support the program.

HOUSE FILE 725 -- Appropriations -- Agriculture and Natural Resources (Complete summary under APPROPRIATIONS.)

   This Act relates to agriculture and natural resources by making appropriations to support related entities, including the Environmental Protection Division of the Department of Natural Resources. It provides for an interim study committee to consider issues related to water quality. It also requires that the department continue to process permits according to requirements unrelated to staff availability.

HOUSE FILE 736 -- Tax Administration -- Additional Related Matters (Complete summary under TAXATION.)

   This Act reduces the period for assessing the environmental protection charge or for filing a claim for refund of an environmental protection charge paid from five to three years and reduces the requirement that depositors of underground petroleum must keep records from a period of five years to a period of three years for purposes of the environmental protection charge.

© 1998 Cornell College and League of Women Voters of Iowa

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