Senate Study Bill 3165
SENATE/HOUSE FILE
BY (PROPOSED DEPARTMENT OF
NATURAL RESOURCES BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act eliminating certain duties of the department of natural
2 resources.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5449DP 81
5 tm/gg/14
PAG LIN
1 1 Section 1. Section 72.5, subsection 2, Code 2005, is
1 2 amended to read as follows:
1 3 2. In connection with development of a statewide building
1 4 energy efficiency rating system, pursuant to section 473.40,
1 5 the The director of the department of natural resources in
1 6 consultation with the department of management, state building
1 7 code commissioner, and state fire marshal, shall develop
1 8 standards and methods to evaluate design development documents
1 9 and construction documents based upon the energy efficiency
1 10 rating system for public buildings, and other life cycle cost
1 11 factors, to facilitate fair and uniform comparisons between
1 12 design proposals and informed decision making by public
1 13 bodies.
1 14 Sec. 2. Section 455B.304, subsection 17, Code 2005, is
1 15 amended to read as follows:
1 16 17. The commission shall adopt rules to establish a
1 17 special waste authorization program. For purposes of this
1 18 subsection, "special waste" means any industrial process
1 19 waste, pollution control waste, or toxic waste which presents
1 20 a threat to human health or the environment or a waste with
1 21 inherent properties which make the disposal of the waste in a
1 22 sanitary landfill difficult to manage. Special waste does not
1 23 include domestic, office, commercial, medical, or industrial
1 24 waste that does not require special handling or limitations on
1 25 its disposal. Special waste does not include hazardous wastes
1 26 which are regulated under the federal Resource Conservation
1 27 and Recovery Act, 42 U.S.C. } 6921==6934, or hazardous wastes
1 28 as defined in section 455B.411, subsection 3, or hazardous
1 29 wastes included in the list compiled in accordance with
1 30 section 455B.464.
1 31 Sec. 3. Section 455B.335, subsection 2, Code 2005, is
1 32 amended by striking the subsection.
1 33 Sec. 4. Section 455B.412, subsection 1, Code 2005, is
1 34 amended by striking the subsection.
1 35 Sec. 5. Section 455B.461, subsection 2, Code 2005, is
2 1 amended to read as follows:
2 2 2. "Hazardous waste" means hazardous waste as defined in
2 3 section 455B.411, subsection 3, and section 455B.464.
2 4 Sec. 6. Section 455B.482, subsection 3, Code 2005, is
2 5 amended to read as follows:
2 6 3. "Hazardous waste" means hazardous waste as defined in
2 7 section 455B.411, subsection 3, and under section 455B.464.
2 8 Sec. 7. Section 455B.484, subsection 11, Code 2005, is
2 9 amended by striking the subsection.
2 10 Sec. 8. Section 558.69, unnumbered paragraph 1, Code 2005,
2 11 is amended to read as follows:
2 12 With each declaration of value submitted to the county
2 13 recorder under chapter 428A, there shall also be submitted a
2 14 statement regarding whether any known private burial site is
2 15 situated on the property, and if a known private burial site
2 16 is situated on the property, the statement shall state the
2 17 approximate location of the site. The statement shall also
2 18 state that no known wells are situated on the property, or if
2 19 known wells are situated on the property, the statement must
2 20 state the approximate location of each known well and its
2 21 status with respect to section 455B.190 or 460.302. The
2 22 statement shall also state that no known disposal site for
2 23 solid waste, as defined in section 455B.301, which has been
2 24 deemed to be potentially hazardous by the department of
2 25 natural resources, exists on the property, or if such a known
2 26 disposal site does exist, the location of the site on the
2 27 property. The statement shall additionally state that no
2 28 known underground storage tank, as defined in section
2 29 455B.471, subsection 11, exists on the property, or if a known
2 30 underground storage tank does exist, the type and size of the
2 31 tank, and any known substance in the tank. The statement
2 32 shall also state that no known hazardous waste as defined in
2 33 section 455B.411, subsection 3, or listed by the department
2 34 pursuant to section 455B.412, subsection 2, or section
2 35 455B.464, exists on the property, or if known hazardous waste
3 1 does exist, that the waste is being managed in accordance with
3 2 rules adopted by the department of natural resources. The
3 3 statement shall be signed by at least one of the sellers or
3 4 their agents. The county recorder shall refuse to record any
3 5 deed, instrument, or writing for which a declaration of value
3 6 is required under chapter 428A unless the statement required
3 7 by this section has been submitted to the county recorder. A
3 8 buyer of property shall be provided with a copy of the
3 9 statement submitted, and, following the fulfillment of this
3 10 provision, if the statement submitted reveals no private
3 11 burial site, well, disposal site, underground storage tank, or
3 12 hazardous waste on the property, the county recorder may
3 13 destroy the statement. The land application of sludges or
3 14 soils resulting from the remediation of underground storage
3 15 tank releases accomplished in compliance with department of
3 16 natural resources rules without a permit is not required to be
3 17 reported as the disposal of solid waste or hazardous waste.
3 18 Sec. 9. Sections 455B.332, 455B.333, 455B.464, and 473.40,
3 19 Code 2005, are repealed.
3 20 EXPLANATION
3 21 This bill eliminates certain duties of the department of
3 22 natural resources.
3 23 The bill eliminates the department's duty to develop
3 24 comprehensive plans and programs for the state for the
3 25 management of hazardous waste. The bill eliminates the
3 26 department director's duty to compile, annually, a list of
3 27 certain hazardous wastes for adoption by the environmental
3 28 protection commission. The bill eliminates the department's
3 29 duty to develop and implement programs which result in
3 30 widespread adoption of waste minimization programs by
3 31 hazardous waste generators.
3 32 The bill eliminates the department's duty to establish a
3 33 statewide building energy efficiency rating system.
3 34 The bill eliminates the department's duty to establish
3 35 policy for, provide for the proper methods for, and issue
4 1 permits for the transportation, storage, handling, and
4 2 disposal of radioactive material for the purpose of protecting
4 3 the public health and safety.
4 4 The bill makes conforming amendments.
4 5 LSB 5449DP 81
4 6 tm:nh/gg/14