Senate File 184

                                       SENATE FILE       
                                       BY  DVORSKY


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

                                      A BILL FOR

  1 An Act relating to rules and standards for hazardous chemical
  2    management practices adopted and administered by the state
  3    fire marshal and to school requirements regarding hazardous
  4    waste management.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2010SS 80
  7 kh/cl/14

PAG LIN

  1  1    Section 1.  Section 100.31, unnumbered paragraph 3, Code
  1  2 2003, is amended to read as follows:
  1  3    The state fire marshal or the fire marshal's deputies shall
  1  4 cause each public or private school, college or university to
  1  5 be inspected at least once every two years to determine
  1  6 whether each school meets the fire safety standards of this
  1  7 Code and is free from other fire hazards, including those
  1  8 associated with improper chemical management practices.
  1  9 Provided, however, that However, such inspections shall be
  1 10 made by fire department inspectors in cities which that employ
  1 11 fire department inspectors shall cause such inspections to be
  1 12 made.
  1 13    Sec. 2.  Section 100.35, unnumbered paragraph 1, Code 2003,
  1 14 is amended to read as follows:
  1 15    The fire marshal shall adopt, and may amend rules under
  1 16 chapter 17A, which include standards relating to hazardous
  1 17 chemical management practices, exits and exit lights, fire
  1 18 escapes, fire protection, fire safety and the elimination of
  1 19 fire hazards, in and for churches, schools, hotels, theaters,
  1 20 amphitheaters, hospitals, health care facilities as defined in
  1 21 section 135C.1, boarding homes or housing, rest homes,
  1 22 dormitories, college buildings, lodge halls, club rooms,
  1 23 public meeting places, places of amusement, apartment
  1 24 buildings, food establishments as defined in section 137F.1,
  1 25 and all other buildings or structures in which persons
  1 26 congregate from time to time, whether publicly or privately
  1 27 owned.  Violation of a rule adopted by the fire marshal is a
  1 28 simple misdemeanor.  However, upon proof that the fire marshal
  1 29 gave written notice to the defendant of the violation, and
  1 30 proof that the violation constituted a clear and present
  1 31 danger to life, and proof that the defendant failed to
  1 32 eliminate the condition giving rise to the violation within
  1 33 thirty days after receipt of notice from the fire marshal, the
  1 34 penalty is that provided by law for a serious misdemeanor.
  1 35 Each day of the continuing violation of a rule after
  2  1 conviction of a violation of the rule is a separate offense.
  2  2 A conviction is subject to appeal as in other criminal cases.
  2  3    Sec. 3.  Section 256.11, subsections 3 and 4, Code 2003,
  2  4 are amended to read as follows:
  2  5    3.  The following areas shall be taught in grades one
  2  6 through six:  English=language arts, social studies,
  2  7 mathematics, science, health, human growth and development,
  2  8 physical education, traffic safety, music, and visual art.
  2  9 The science curriculum shall include the topics of science
  2 10 safety and proper hazardous waste management.  The health
  2 11 curriculum shall include the characteristics of communicable
  2 12 diseases including acquired immune deficiency syndrome.  The
  2 13 state board as part of accreditation standards shall adopt
  2 14 curriculum definitions for implementing the elementary
  2 15 program.
  2 16    4.  The following shall be taught in grades seven and
  2 17 eight:  English=language arts; social studies; mathematics;
  2 18 science; health; human growth and development, family,
  2 19 consumer, career, and technology education; physical
  2 20 education; music; and visual art.  The science curriculum
  2 21 shall include the topics of science safety and proper
  2 22 hazardous waste management.  The health curriculum shall
  2 23 include the characteristics of sexually transmitted diseases
  2 24 and acquired immune deficiency syndrome.  The state board as
  2 25 part of accreditation standards shall adopt curriculum
  2 26 definitions for implementing the program in grades seven and
  2 27 eight.  However, this subsection shall not apply to the
  2 28 teaching of family, consumer, career, and technology education
  2 29 in nonpublic schools.
  2 30    Sec. 4.  Section 256.11, subsection 5, paragraph a, Code
  2 31 2003, is amended to read as follows:
  2 32    a.  Five units of science including physics and chemistry;
  2 33 the units of physics and chemistry may be taught in alternate
  2 34 years.  The science curriculum shall include the topics of
  2 35 science safety and proper hazardous waste management.
  3  1    Sec. 5.  Section 280.14, Code 2003, is amended to read as
  3  2 follows:
  3  3    280.14  SCHOOL REQUIREMENTS.
  3  4    1.  The board or governing authority of each school or
  3  5 school district subject to the provisions of this chapter
  3  6 shall establish and maintain adequate administration, school
  3  7 staffing, personnel assignment policies, teacher
  3  8 qualifications, certification requirements, facilities,
  3  9 equipment, grounds, graduation requirements, instructional
  3 10 requirements, instructional materials, maintenance procedures
  3 11 and policies on extracurricular activities.  In addition the
  3 12 board or governing authority of each school or school district
  3 13 shall provide such principals as it finds necessary to provide
  3 14 effective supervision and administration for each school and
  3 15 its faculty and student body.  An individual who is employed
  3 16 or contracted as a superintendent by a school or school
  3 17 district may also serve as an elementary principal in the same
  3 18 school or school district.
  3 19    2.  The board of directors of each school district and the
  3 20 authorities in charge of each accredited nonpublic school
  3 21 shall act to reduce the amount of hazardous waste located on
  3 22 school property with the goal of meeting the criteria for
  3 23 conditionally exempt small quantity generators of hazardous
  3 24 waste as set forth in 40 C.F.R. } 261.5, by the United States
  3 25 environmental protection agency.
  3 26    Sec. 6.  STATE MANDATE FUNDING SPECIFIED.  In accordance
  3 27 with section 25B.2, subsection 3, the state cost of requiring
  3 28 compliance with any state mandate included in this Act shall
  3 29 be paid by a school district from state school foundation aid
  3 30 received by the school district under section 257.16.  This
  3 31 specification of the payment of the state cost shall be deemed
  3 32 to meet all the state funding=related requirements of section
  3 33 25B.2, subsection 3, and no additional state funding shall be
  3 34 necessary for the full implementation of this Act by and
  3 35 enforcement of this Act against all affected school districts.
  4  1                           EXPLANATION
  4  2    This bill relates to hazardous chemical management by state
  4  3 and local fire inspectors and school districts.  The bill
  4  4 expands the inspection requirements of the state fire
  4  5 marshal's office and local fire inspectors to include fire
  4  6 hazards associated with improper chemical management
  4  7 practices; requires the state fire marshal to adopt standards
  4  8 relating to hazardous chemical management practices; requires
  4  9 that the science curriculum used in grades 1 through 12
  4 10 include the topics of science safety and proper hazardous
  4 11 waste management; and requires schools and school districts to
  4 12 work toward the goal of meeting the criteria for conditionally
  4 13 exempt small quantity generators of hazardous waste under
  4 14 federal regulations.
  4 15    The bill may include a state mandate as defined in Code
  4 16 section 25B.3.  The bill requires that the state cost of any
  4 17 state mandate included in the bill be paid by a school
  4 18 district from state school foundation aid received by the
  4 19 school district under Code section 257.16.  The specification
  4 20 is deemed to constitute state compliance with any state
  4 21 mandate funding=related requirements of Code section 25B.2.
  4 22 The inclusion of this specification is intended to reinstate
  4 23 the requirement of political subdivisions to comply with any
  4 24 state mandates included in the bill.
  4 25 LSB 2010SS 80
  4 26 kh/cl/14.1