ENVIRONMENTAL PROTECTION

HOUSE FILE 2351 - Waste Tire Management - Enforcement
HOUSE FILE 2352 - Illegal Dumping Enforcement Officers
HOUSE FILE 2392 - Conduct of Controlled Burns of Demolished Buildings by Cities
HOUSE FILE 2401 - Petroleum Storage Tanks - Closures and Upgrades - Reimbursement
HOUSE FILE 2517 - Environmental Regulation - Recycled Oil and Refuse-Derived Fuel
HOUSE FILE 2523 - Regulation of Air Quality - VETOED BY THE GOVERNOR
HOUSE FILE 2549 - Waste Tire Management Fund Appropriations

RELATED LEGISLATION

SENATE FILE 2121 - Sales and Use Tax Exemption for Environmental Test Laboratory Services - VETOED BY THE GOVERNOR

SEE TAXATION. This bill would have exempted from the sales and use taxes the furnishing of environmental test laboratory services, including field testing services and mobile environmental test laboratories.

SENATE FILE 2230 - Claims Resulting From Contaminated Property - Third-Party Liability - VETOED BY THE GOVERNOR

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This bill related to immunity from third party liability for claims resulting from contaminated property. Division V of H.F. 2484 (see Business, Banking & Insurance) enacts similar legislation that takes effect May 6, 2004.

SENATE FILE 2266 - Environmental Status of Rental Property - Landlord Disclosure

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act relates to the landlord disclosure requirements regarding the environmental status of rental property.

SENATE FILE 2298 - Government Funding, Administration, and Regulation - Appropriations and Miscellaneous Changes

SEE APPROPRIATIONS. Division II of this Act appropriates moneys to support the Department of Natural Resources (DNR) and programs relating to environmental protection and extends the imposition of the environmental protection charge on petroleum diminution. Division X allows DNR to require, before a permit to operate is issued, a public water supply to replace its groundwater source if it is or is likely to be contaminated, but only if the public water supply is fully compensated for the additional costs.

HOUSE FILE 2484 - Regulation of Financial Institutions and Real Property Transactions

SEE BUSINESS, BANKING & INSURANCE. Division V of this Act provides that a person holding indicia of ownership of property contaminated by a hazardous substance or waste may not be held liable for the contamination if certain conditions apply. The division does not provide immunity from criminal liability and takes effect May 6, 2004.

HOUSE FILE 2518 - Soil and Water Conservation Districts - Survey of Private Contractors

SEE AGRICULTURE. This Act requires a biennial review of the availability of private soil and water conservation control contractors in each soil and water conservation district and preparation and Internet posting of a report containing the results of the review.

HOUSE FILE 2538 - Cash Reserve, Infrastructure, and Environment First Funds - Transfers

SEE APPROPRIATIONS. This Act makes a transfer from the Cash Reserve Fund to the Rebuild Iowa Infrastructure Fund (RIIF) for FY 2003 2004. The transferred moneys are to be used for the standing appropriation from RIIF to the Environment First Fund. The Act takes effect April 2, 2004.

ENVIRONMENTAL PROTECTION

HOUSE FILE 2351 - Waste Tire Management - Enforcement (full text of bill)

BY COMMITTEE ON ENVIRONMENTAL PROTECTION. This Act relates to the enforcement of waste tire violation provisions and provides a civil penalty.

The Act authorizes the Environmental Protection Commission or the Director of the Department of Natural Resources to issue any order necessary to secure compliance with or prevent a violation of Code section 455D.11, or a rule adopted pursuant to the Code section, regulating the disposal of waste tires. The Act requires the Attorney General, upon request by the department, to institute any civil or criminal legal proceeding necessary to obtain compliance with an order of the commission or director or to prosecute a person for a violation of the Code section or a rule adopted pursuant to the Code section.

The Act provides that, unless otherwise provided under the Act, a person who violates a provision of Code Section 455D.11, a rule adopted pursuant to that Code section, or a condition of a permit or order issued pursuant to that Code section shall be subject to a civil penalty not to exceed $5,000 for each day of such violation.

HOUSE FILE 2352 - Illegal Dumping Enforcement Officers (full text of bill)

BY COMMITTEE ON ENVIRONMENTAL PROTECTION. This Act relates to illegal dumping enforcement officers.

The Act provides that the board of supervisors of each county may annually appoint an illegal dumping enforcement officer from recommendations made by the county board of health. However, the board of supervisors may select a person outside the recommendations made by the county board of health. The person appointed must be a citizen of the United States who is of good moral character and who has not previously been convicted of a felony.

The Act requires an illegal dumping enforcement officer to take an oath of office prescribed by the board of supervisors, and provides that an officer's appointment is effective March 1 and continues for a term at the discretion of the board of supervisors.

The Act provides that an illegal dumping enforcement officer, subject to direction and control by the county board of supervisors, is only empowered to enforce the provisions of Code Sections 455B.307A, relating to the discarding of solid waste, and 455B.363, relating to litter, and local littering ordinances. The Act prohibits an officer from having the duty to enforce any other traffic or criminal laws of the state, county or a municipality. The Act allows an officer to enter upon any public land in the county, excluding land within the limits of cities, unless otherwise authorized by a city, and any private property with the permission of the landowner, at any time for the performance of the officer's duties, and allows the officer to hire the labor and equipment necessary subject to the approval of the board of supervisors.

The Act provides that a person shall not willfully obstruct, resist, impede, or interfere with an officer in connection with the officer's enforcement of Code Sections 455B.307A and 455B.363 and local littering ordinances. The Act provides that a person shall not willfully retaliate or discriminate in any manner against an officer as a reprisal for any act or omission of the officer. The Act provides that a person violating these provisions is guilty of a simple misdemeanor.

HOUSE FILE 2392 - Conduct of Controlled Burns of Demolished Buildings by Cities (full text of bill)

BY COMMITTEE ON ENVIRONMENTAL PROTECTION. This Act relates to controlled burns of demolished buildings conducted by certain cities.

Currently, the Environmental Protection Commission is required to adopt rules allowing a city to conduct a controlled burn of a demolished building subject to the same restrictions as are in effect for fire fighting training fires. The rules are required to include a provision that a city may undertake no more than three controlled burns in every overlapping six-tenths-of-a-mile-radius circle every three years.

The Act eliminates the requirement that controlled burns of demolished buildings are subject to the same restrictions as are in effect for fire fighting training fires and provides that such burns are subject to the requirements that are in effect for the proper removal of all asbestos-containing materials prior to demolition and burning. The Act eliminates the current restrictions on the number of controlled burns and provides both of the following:

1. That for a burn site located outside a city, the rules shall include a provision that a city may undertake not more than one controlled burn per day and that a burn site shall be limited to an area located at least six-tenths of a mile from any inhabited building.
2. That for a burn site located within a city, the rules shall include a provision that a city may undertake not more than one controlled burn in every six-tenths-of-a-mile-radius circle in each calendar year.

The Act provides that burn sites shall have controlled access, be supervised by representatives of the city at all times, and be conducted only when weather conditions are favorable with respect to surrounding property.

HOUSE FILE 2401 - Petroleum Storage Tanks - Closures and Upgrades - Reimbursement (full text of bill)

BY COMMITTEE ON ENVIRONMENTAL PROTECTION. This Act relates to the Comprehensive Petroleum Underground Storage Tank Fund.

The Act provides that moneys in the Remedial Account of the fund may be used for costs for the permanent closure of an underground storage tank system that was in place on the date an eligible claim was submitted under the Remedial Account, but limits reimbursement to costs approved by the board prior to the closure activities. The closure activities must be completed by December 31, 2005.

The Act establishes an Aboveground Petroleum Storage Tank Fund as a separate fund in the State Treasury under the control of the Iowa Comprehensive Petroleum Underground Storage Tank Board. The Act authorizes the board to enter into a contract with a qualified business to provide for administration of the fund. The board is also authorized to reimburse the owner of an aboveground petroleum storage tank site up to $25,000 per site, but not more than a total of $100,000 per owner, for the upgrade or permanent closure of the aboveground petroleum storage tank site provided certain criteria are met.

The board, or a contractor, may enter into contracts with qualified businesses to provide permanent closure services at eligible aboveground petroleum storage tank sites. The board or a contractor may limit reimbursement to those activities approved under the terms of the contracts. The board or a contractor may allow permanent closure activities to occur and be reimbursed after February 18, 2005, at those tank sites where the owner timely applied for reimbursement and agreed to allow the board or contractor to complete the permanent closure at a time determined to be convenient to the board. All activities conducted under these provisions must be completed by December 31, 2006.

The board may limit reimbursement to those activities that receive prior budget approval from the board.

The board may enter into an agreement authorized under Code Chapter 28E with the State Fire Marshal for the development and maintenance of a database to track registration, technical information, and other information determined necessary to evaluate the operation and safety of aboveground petroleum storage tank sites in Iowa.

The provisions of this Act are repealed December 31, 2006.

The Act takes effect April 20, 2004.

HOUSE FILE 2517 - Environmental Regulation - Recycled Oil and Refuse-Derived Fuel (full text of bill)

BY COMMITTEE ON ENVIRONMENTAL PROTECTION. This Act relates to environmental regulations administered by the Department of Natural Resources (DNR) regarding the use of recycled oil and the calculation of waste volume reduction measures. The Act eliminates a provision requiring DNR to adopt rules regulating the use of recycled oil for the purpose of road oiling, dust control, or weed control. The Act also eliminates a provision that allowed the inclusion of reduction attributable to refuse derived fuel in the calculation of a city or county in meeting the waste reduction goal of the state and makes conforming amendments.

HOUSE FILE 2523 - Regulation of Air Quality - VETOED BY THE GOVERNOR (full text of bill)

BY COMMITTEE ON ENVIRONMENTAL PROTECTION. This bill would have amended provisions in Code Chapters 455B and 459, regulating air quality by the Department of Natural Resources. Code Chapter 455B, Division II, provides general air quality regulatory authority to the department, and Code Chapter 459 specifically regulates animal feeding operations and especially confinement feeding operations.

GENERAL REGULATION OF AIR EMISSIONS. The bill would have prohibited the department from adopting an ambient air quality standard for which the U. S. Environmental Protection Agency had not promulgated a standard. It also would have prohibited the department from adopting a rule regulating air quality concerning animal feeding operations except as provided in Code Chapter 459.

ODOR HEALTH EFFECT ADVISORY PANEL. The bill would have established an Odor Health Effect Advisory Panel to issue interim reports and a final report to the General Assembly regarding health effect levels for odor. The panel would have been composed of a number of persons representing public and private organizations, including regulators, the scientific community, animal agriculture, rural residents, and industry.

AIR POLLUTANTS EMITTED FROM ANIMAL FEEDING OPERATIONS. The bill would have rewritten current Code Section 459.207, authorizing the department to regulate airborne pollutants (defined as hydrogen sulfide, ammonia, or odor) emitted from animal feeding operations. The Code section currently provides that any air quality standard established by the department must be based on, and enforced at, distances measured from a confinement feeding operation structure to a separated location defined as a residence, school, church, business, or public use area (but not public thoroughfare).

The bill would have provided that departmental standards must be based on a "health effect level" for odor that is at a level and duration of exposure that causes a material and verifiable physical disease when humans are exposed to an airborne pollutant for certain periods when measured at a separated location. The standards also would have provided for a "minimal risk level" that is a duration of exposure to hydrogen sulfide or ammonia as recorded at separated locations. The bill would have required the department to conduct a comprehensive field study to monitor the level of airborne pollutants emitted from animal feeding operations for a period of at least three years and would have established procedures for conducting the field study; established minimal risk levels for hydrogen sulfide and ammonia, including for short-term and long-term durations; and required the department to adopt rules following the completion of the field study, including by establishing recommended best management practices, and provisions to enforce minimal risk levels and health effect levels. The department would have been prohibited from adopting regulatory rules until a statute providing for a health effect level was enacted. The bill would have restricted how the department could collect data in connection with enforcing an air quality standard. It also would have provided a grace period for the owner of a confinement feeding operation to comply with air quality standards before the department could initiate an enforcement action.

HOUSE FILE 2549 - Waste Tire Management Fund Appropriations (full text of bill)

BY COMMITTEE ON APPROPRIATIONS. This Act appropriates moneys in the Waste Tire Management Fund.

The Act changes the standing appropriations from the Waste Tire Management Fund to provide the following:

• Of the moneys in the fund, 30 percent is to be used for 2.50 full-time equivalent positions (FTEs) in the Department of Natural Resources. One FTE is to be for the administration of permits and registrations for tire processing, storage, and hauling activities, and tire program initiatives. The remaining FTEs are to be for waste tire related compliance checks and inspections at field offices around the state.
• Of the moneys in the fund, 10 percent is to 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.
• Of the moneys in the fund, 30 percent is to be used for market development initiatives for waste tires.
• Of the moneys in the fund, 30 percent is to be used for waste tire stockpile abatement initiatives which would require a cost share agreement with the landowner.

The Act eliminates a future repeal of the Waste Tire Management Fund. The Act repeals the Waste Tire Grant Program and programs awarding moneys to regents institutions for using tire derived fuel and to end users of processed waste tires.

The Act provides that, on July 1, 2004, any unencumbered or unobligated moneys that were awarded from the Waste Tire Management Fund are to revert to the fund and are to be reallocated and appropriated to fund the 2.50 FTEs created in the Act. Commencing with the fiscal year ending June 30, 2005, and each subsequent fiscal year through June 30, 2007, any unencumbered or unobligated moneys that are awarded from the Waste Tire Management Fund are to remain in the fund and are to be appropriated pursuant to the provisions of the Act.