Senate File 328 - Introduced



                                       SENATE FILE       
                                       BY  BLACK


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

                                      A BILL FOR

  1 An Act relating to plans and financial assurance requirements for
  2    sanitary landfill projects.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2615SS 82
  5 tm/gg/14

PAG LIN



  1  1    Section 1.  Section 455B.301, subsection 8, Code 2007, is
  1  2 amended to read as follows:
  1  3    8.  "Financial assurance instrument" means an instrument
  1  4 submitted by an applicant to ensure the operator's financial
  1  5 capability to provide reasonable and necessary response during
  1  6 the lifetime of the project and for the thirty years a
  1  7 specified period of time following closure as required by
  1  8 rules adopted by the commission, and to provide for the
  1  9 closure of the facility and postclosure care required by rules
  1 10 adopted by the commission in the event that the operator fails
  1 11 to correctly perform closure and postclosure care
  1 12 requirements.  The form may include the establishment of
  1 13 Financial capability may be demonstrated through the use of a
  1 14 secured trust fund, use of a cash or surety bond, or a
  1 15 corporate financial test as provided by the department, the
  1 16 obtaining of an irrevocable letter of credit, or an
  1 17 alternative method as provided by the department.
  1 18    Sec. 2.  Section 455B.306, Code 2007, is amended by adding
  1 19 the following new subsection:
  1 20    NEW SUBSECTION.  12.  This section shall not apply to a
  1 21 sanitary landfill project owned by a private agency when the
  1 22 sanitary landfill project is used to dispose of solid waste
  1 23 generated by the private agency on property owned by the
  1 24 private agency.
  1 25                           EXPLANATION
  1 26    This bill relates to plans and financial assurance
  1 27 requirements for sanitary landfill projects.
  1 28    The bill modifies the defined term "financial assurance
  1 29 instrument" to provide that instruments shall be for a period
  1 30 specified by the environmental protection commission.
  1 31 Currently, such instruments must be for a term of 30 years.
  1 32 The bill also modifies the term by allowing new forms that
  1 33 financial assurance may take.
  1 34    The bill exempts sanitary landfill projects owned by a
  1 35 private agency when the sanitary landfill project is used to
  2  1 dispose of solid waste generated by the private agency on
  2  2 property owned by the private agency from certain
  2  3 comprehensive planning requirements for sanitary landfill
  2  4 projects.
  2  5 LSB 2615SS 82
  2  6 tm:nh/gg/14