House File 83

                                       HOUSE FILE       
                                       BY  DRAKE and BAUDLER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the number of controlled burns of demolished
  2    buildings conducted by certain cities.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1639HH 80
  5 tm/cl/14

PAG LIN

  1  1    Section 1.  Section 455B.133, subsection 10, Code 2003, is
  1  2 amended to read as follows:
  1  3    10.  Adopt rules allowing a city with a population of less
  1  4 than eight thousand five hundred to conduct a controlled burn
  1  5 of a demolished building subject to the same restrictions as
  1  6 are in effect for fire fighting training fires.  The rules
  1  7 shall include a provision that a city with a population of
  1  8 less than eight thousand five hundred may undertake no more
  1  9 than three six controlled burns in every overlapping six=
  1 10 tenths=of=a=mile=radius circle every three years each year.
  1 11 The rules shall prohibit a controlled burn of a demolished
  1 12 building in Cedar Rapids, Marion, Hiawatha, Council Bluffs,
  1 13 Carter Lake, Des Moines, West Des Moines, Clive, Windsor
  1 14 Heights, Urbandale, Pleasant Hill, Buffalo, Davenport, Mason
  1 15 City, or any other area where area=specific state
  1 16 implementation plans require the control of particulate
  1 17 matter.
  1 18                           EXPLANATION
  1 19    This bill relates to the number of controlled burns of
  1 20 demolished buildings conducted by certain cities.
  1 21    Currently, the environmental protection commission is
  1 22 required to adopt rules allowing a city to conduct a
  1 23 controlled burn of a demolished building subject to the same
  1 24 restrictions as are in effect for fire fighting training
  1 25 fires.  Also under current law, the rules are required to
  1 26 include a provision that a city may undertake no more than
  1 27 three controlled burns in every overlapping six=tenths=of=a=
  1 28 mile=radius circle every three years.  The bill limits the
  1 29 ability to conduct a controlled burn under these rules to
  1 30 cities with a population of less than 8,500.  The bill
  1 31 increases the number of controlled burns that such a city may
  1 32 conduct to no more than six controlled burns each year and
  1 33 removes the six=tenths=of=a=mile restriction.
  1 34 LSB 1639HH 80
  1 35 tm/cl/14.1