Environmental Protection Legislation

SENATE FILE 2145 - Water Pollution Control and Drinking Water Facilities Financing

HOUSE FILE 583 - Certification of Well Contractors and Pump Services Providers

HOUSE FILE 2417 - Groundwater and Soil Contaminant Standards - Land Recycling and Remediation

HOUSE FILE 2554 - Tire and Waste Tire Initiatives - Management, Regulation, and Use of Funds

Related Legislation

SENATE FILE 437 - Snowmobiles and All-Terrain Vehicles - Titling, Registration, and Use

SENATE FILE 503 - Open Feedlots

SENATE FILE 2051 - State Interagency Missouri River Authority

SENATE FILE 2207 - Conservation Easements

SENATE FILE 2275 - Substantive Code Corrections

SENATE FILE 2293 - Animal Feeding Operations and Environmental Regulation

SENATE FILE 2325 - State Agency Regulatory Functions - Miscellaneous Reorganizations, Transfers, and Revisions

HOUSE FILE 2625 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - Fiscal Year 2001-2002 - SECOND EXTRAORDINARY SESSION

SENATE FILE 2145 - Water Pollution Control and Drinking Water Facilities Financing Full Text of Bill
By Committee on Natural Resources and Environment.

This Act relates to terminology and eligibility under the Sewage Treatment and Drinking Water Facilities Financing Program.

The Act changes the name of the Drinking Water Treatment Revolving Loan Fund to the Drinking Water Facilities Revolving Loan Fund, the name of the Sewage Treatment Works Administration Fund to the Water Pollution Control Works Administration Fund, and the name of the Sewage Treatment Works Revolving Loan Fund to the Water Pollution Control Works Revolving Loan Fund. The Act makes conforming amendments related to these terminology changes.

The Act defines an eligible entity as a person eligible under the provisions of the Clean Water Act, the Safe Drinking Water Act, and the Environmental Protection Commission rules to receive loans for projects from either of the revolving loan funds. Currently, the Code provides that municipalities and water systems are eligible for loans. The Act defines a loan recipient as an eligible entity that has received a loan from either of the revolving loan funds. The Act further defines the term "project" by stating that the development and implementation of management programs under the Clean Water Act include construction and undertaking of nonpoint source water pollution control projects and related development activities authorized under the Clean Water Act.

HOUSE FILE 583 - Certification of Well Contractors and Pump Services Providers Full Text of Bill
By Committee on Environmental Protection

This Act amends Code Section 455B.190A, which relates to a well contractor certification program, by including a certification program for persons providing pump services.

The Act provides that "pump services" means the installation, repair and maintenance of water systems. The Act provides that "water systems" means any part of the mechanical portion of a water well that delivers water from the well to a valve that separates the well from the plumbing system.

The Act provides that a "certified well contractor" is a well contractor who has successfully passed an examination prescribed by the Department of Natural Resources (DNR) to determine the applicant's qualifications to perform well drilling or pump services or both. The Act amends the definition of "well services" to include pump services and makes conforming amendments.

The Act provides that an examination shall be developed to determine the applicant's qualifications to perform well drilling or pump services or both. The Act provides that the examination shall be administered by the DNR or by a person designated by the DNR.

The Act eliminates language in the Code relating to a well contractors' council, which had been previously dissolved, and replaces it with a new well contractors' council. The Act requires the council to assist and advise the DNR in developing, reviewing and revising the DNR's rules to implement the certification program; developing, updating and revising the certification examination; establishing, reviewing and revising the continuing education requirements; and producing and publishing a consumer information pamphlet. The Act requires the council to meet as often as necessary and directs the DNR to provide staff assistance to the council.

The Act provides that a well contractor who is engaged in performing pump services on or prior to June 30, 2004, and who registers as a pump installer with the DNR by June 30, 2004, shall be deemed to have met the certification requirements of this Act without examination. The Act provides that, beginning July 1, 2004, a pump installer seeking an initial well contractor certification shall meet the requirements for certification established in the Act. The Act requires the DNR to make reasonable efforts to provide notice of these provisions.

HOUSE FILE 2417 - Groundwater and Soil Contaminant Standards - Land Recycling and Remediation Full Text of Bill
By Committee on Environmental Protection

This Act amends the Iowa Land Recycling and Environmental Remediation Standards Act in Code Chapter 455H by amending the considerations for establishing the statewide standards, amending the considerations for establishing site-specific cleanup standards, and adding a public participation component for all sites in the program.

The Act amends the criteria that must be considered when establishing statewide standards. The Act provides that, in groundwater that is a protected groundwater source, the standards shall be the maximum contaminant levels established pursuant to the Department of Natural Resources' drinking water standards or, for contaminants that do not have established drinking water standards, the standards shall be derived in a manner comparable to that used for establishment of drinking water standards. In groundwater that is not a protected groundwater source, the standards shall be no more protective than a standard reflecting an increased cancer risk of one in 10,000 from exposure to contaminants that are known or probable human carcinogens; a standard reflecting a noncancer health risk of one?tenth from exposure to contaminants that are possible human carcinogens; or a standard reflecting a noncancer health risk of one from exposure to contaminants that are not known, probable or possible human carcinogens. In soil, the standards shall be no more protective than a standard reflecting an increased cancer risk of five in 1 million from exposure to contaminants that are known or probable human carcinogens; a standard reflecting a noncancer health risk of one?tenth from exposure to contaminants that are possible human carcinogens; or a standard reflecting a noncancer health risk of one from exposure to contaminants that are not known, probable or possible human carcinogens.

The amended statewide standards assume exposure to individual contaminants in groundwater or soil. If one or more contaminants exist in a medium, or exposure to contaminants can occur from more than one medium, the standards shall be adjusted to reflect a cumulative increased cancer risk that is no less protective than one in 10,000 and a cumulative noncancer health risk to the same target human organ that is no less protective than one. The risks associated with background levels of contaminants shall not be included in the cumulative risk determination.

The Act amends the criteria that must be considered in establishing site?specific standards and appropriate response actions. Cleanup shall not be required in an affected area that does not present an increased cancer risk from a single contaminant at the point of exposure of five in 1 million for residential areas or one in 10,000 for nonresidential areas, an increased cancer risk from multiple contaminants or multiple routes of exposure greater than one in 10,000, an increased noncancer health risk from a single contaminant at the point of exposure of greater than one, or greater than one?tenth for possible carcinogens, or an increased noncancer risk to the same target human organ from multiple contaminants or multiple routes of exposure greater than one.

The Act adds a required public participation component for participants for all sites enrolled in the Land Recycling Program. The level of participation shall vary depending on the conditions existing at the site and shall range from notification provisions to public notice in local newspapers. The department shall consider reasonable comments from potentially affected parties in determining whether to approve or disapprove a proposed response action or site closure.

HOUSE FILE 2554 - Tire and Waste Tire Initiatives - Management, Regulation, and Use of Funds Full Text of Bill
By Committee on Environmental Protection

This Act relates to the use of moneys appropriated to the Department of Natural Resources (DNR) for purposes of tire-related initiatives, disposal fees charged by retail dealers, and the registration of waste tire haulers.

The Act amends the distribution of the $5 surcharge on a certificate of title for motor vehicles. The Act also provides that for the fiscal year beginning July 1, 2002, through the fiscal year beginning July 1, 2006, 20 percent of the moneys collected shall be deposited in the Waste Tire Management Fund, with the remainder deposited in the Road Use Tax Fund. For the fiscal year beginning July 1, 2007, and each subsequent fiscal year, the entire amount collected shall be deposited in the Road Use Tax Fund.

The Act eliminates a July 1, 2002, repeal of Code Section 455D.11G relating to disposal fees charged by retail tire dealers. The Act delays the repeal date of the remaining waste tire program sections from July 1, 2002, to July 1, 2007. These provisions of the Act take effect April 22, 2002.

The Act repeals Code Section 9B.1 relating to the registration of waste tire haulers and moves the provisions to Code Section 455D.11I. Currently, the Secretary of State administers the registration program. The Act moves the program to the DNR.

The Act provides that, if moneys are appropriated during the 2002 Regular Session of the Seventy?ninth General Assembly to the DNR for purposes of tire initiatives, the moneys shall be used for the following purposes and in the following amounts:

1. Thirty-two percent of the moneys appropriated shall be used for full?time equivalent positions related to the administration of permits and registrations for tire processing, storage and hauling activities; tire program initiatives; and for compliance checks and inspections from field offices in the state.
2. Eighteen percent of the moneys appropriated shall be used for a public education and awareness initiative related to proper tire disposal options and environmental and health hazards posed by improper tire storage.
3. Thirty percent of the moneys appropriated shall be used for market development initiatives for waste tires.
4. Fifteen percent of the moneys appropriated shall be used for a waste tire stockpile abatement initiative that would require a cost-share agreement with the landowner.
5. Five percent of the moneys appropriated shall be used over a period of three fiscal years for a study of the West Nile virus.

SENATE FILE 437 - Snowmobiles and All-Terrain Vehicles - Titling, Registration, and Use
SEE NATURAL RESOURCES & OUTDOOR RECREATION.
   This Act amends various sections of the Code Chapter 321G relating to the operation, registration and titling of all-terrain vehicles and snowmobiles.

SENATE FILE 503 - Open Feedlots
SEE AGRICULTURE.
   This Act regulates open feedlots by providing for standards of construction for pollution control structures, and specifically for construction design standards for settled open feedlot effluent basins. The Act provides that if the Department of Natural Resources requires that a settled open feedlot effluent basin be constructed according to design standards, any design standards for the basin must account for special design characteristics of open feedlots and related basins.

SENATE FILE 2051 - State Interagency Missouri River Authority
SEE NATURAL RESOURCES & OUTDOOR RECREATION.
   This Act creates a State Interagency Missouri River Authority to represent the State of Iowa as a member of the Missouri River Basin Association. The Director of the Department of Natural Resources is a member of the authority.

SENATE FILE 2207 - Conservation Easements
SEE NATURAL RESOURCES & OUTDOOR RECREATION.
   This Act relates to the acquisition, enforceability and purpose of conservation easements.

SENATE FILE 2275 - Substantive Code Corrections
SEE STATE GOVERNMENT.
   This Act contains statutory corrections that adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities. Changes made in the area of environmental protection include qualifying a reference to a $10 fee in a provision relating to reports to the State Fire Marshal on aboveground petroleum storage tanks; clarifying the applicability of the definitions section for the Cleanup of Clandestine Laboratory Sites chapter; making a variety of changes in the chapter relating to agrichemical remediation; clarifying language relating to petitions regarding the issuance of bonds for storm water drainage; correcting several references to water treatment operator certification by the Director of the Department of Natural Resources; modifying language relating to prohibitions against depositing a regulated substance in an underground storage tank under certain circumstances; correcting the name of a fund relating to land quality and waste management; striking provisions involving completed one-time activities related to hazardous waste and to the Well Contractors' Council; and correcting a Code reference in provisions establishing the Groundwater Protection Fund.

SENATE FILE 2293 - Animal Feeding Operations and Environmental Regulation
SEE AGRICULTURE.
   This Act amends provisions in several Code chapters, principally Code Chapter 455B, regulating animal feeding operations regulated by the Department of Natural Resources, including confinement feeding operations. The Act provides for fees and appropriations to the department for purposes of administering and enforcing regulations affecting animal feeding operations. The Act also amends provisions in the Manure Storage Indemnity Fund, and transfers moneys from the Manure Storage Indemnity Fund to the Animal Agriculture Compliance Fund. The Act establishes clean air regulations and separation distance requirements, and provides for air quality monitoring. The Act decreases the threshold required for the issuance of a construction permit and provides new conditions for the approval of a construction permit. The Act establishes construction design standards for formed manure storage structures; prohibits or restricts the construction of manure storage structures on karst terrain, an area that drains into a known sinkhole, or a 100-year floodplain; authorizes the department to require the installation of monitoring wells; requires owners of confinement feeding operations to submit updated manure management plans on an annual basis; requires the department to develop a phosphorus index for use in manure management plans; establishes new separation distances between the construction of confinement feeding operation structures or the application of manure and water sources; and provides for restitution by persons liable for polluting state waters. The Act contains a number of effective dates and provides for the Act's retroactive applicability.

SENATE FILE 2325 - State Agency Regulatory Functions - Miscellaneous Reorganizations, Transfers, and Revisions
SEE STATE GOVERNMENT.
   This Act relates to certain regulatory functions. The Act reorganizes duties of the Department of Inspections and Appeals (DIA), transfers the Court Appointed Special Advocate Program from the judicial branch to the DIA, reorganizes the structure of the Department of Natural Resources, provides for legislative review of agencies, and addresses regulation of birth centers. The Act includes authority for allowing certain cities to conduct a controlled burn of a demolished building.

HOUSE FILE 2625 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - Fiscal Year 2001-2002 - SECOND EXTRAORDINARY SESSION
SEE APPROPRIATIONS.
   This Act addresses public funding provisions and related matters by making, transferring and reducing appropriations in order to balance the State General Fund budget for FY 2001-2002. The Act includes transfers and reductions that affect environmental protection funding.