House File 145
HOUSE FILE
BY FOEGE
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to proper methods of chemical management,
2 establishing the comprehensive safe chemical management in
3 schools program, making an appropriation, and making penalties
4 applicable.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 2010HH 80
7 kh/cl/14
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 21 Provided, however, that However, such inspections shall be
1 22 made by fire department inspectors in cities which that employ
1 23 fire department inspectors shall cause such inspections to be
1 24 made.
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.18 FIRE SAFETY.
2 18 Violation of a fire safety 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 from fire safety rules adopted pursuant to section 100.35 and
2 28 applicable to hotels, but is subject to fire safety 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.15 FIRE SAFETY.
2 34 A violation of a fire safety 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