House File 757 - Introduced



                                      HOUSE FILE       
                                      BY  COMMITTEE ON ENVIRONMENTAL
                                          PROTECTION

                                      (SUCCESSOR TO HSB 254)


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

                                      A BILL FOR

  1 An Act relating to the regulation of scrap yards and salvage
  2    pools.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2653HV 83
  5 tm/nh/5

PAG LIN



  1  1    Section 1.  Section 321H.2, Code 2009, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  4A.  "Salvage disposal sale" means a
  1  4 scheduled sale, at auction or by private bid, of wrecked or
  1  5 repairable motor vehicles.
  1  6    NEW SUBSECTION.  4B.  "Salvage pool" means a person or
  1  7 business that regularly conducts a salvage disposal sale as
  1  8 provided in section 321H.3A.
  1  9    Sec. 2.  Section 321H.3, subsection 4, Code 2009, is
  1 10 amended to read as follows:
  1 11    4.  Storing vehicles not currently registered or storing
  1 12 damaged vehicles except where such, unless the person is
  1 13 operating as a salvage pool or the storing of damaged vehicles
  1 14 is incidental to the primary purpose of the repair of motor
  1 15 vehicles for others, scrapping, disposing, salvaging or
  1 16 recycling more than six vehicles or parts of more than six
  1 17 vehicles subject to registration under chapter 321 in a
  1 18 calendar year.
  1 19    Sec. 3.  NEW SECTION.  321H.3A  CONDUCT OF SALVAGE DISPOSAL
  1 20 SALES.
  1 21    A person who is conducting a salvage disposal sale shall
  1 22 not sell a wrecked or repairable motor vehicle to a person who
  1 23 is not one of the following:
  1 24    1.  A person licensed as an authorized vehicle recycler
  1 25 under this chapter.
  1 26    2.  A person who has a valid license issued in another
  1 27 state which permits the licensee to purchase salvage title
  1 28 vehicles in that state.
  1 29    Sec. 4.  Section 321H.4, subsection 1, unnumbered paragraph
  1 30 1, Code 2009, is amended to read as follows:
  1 31    Upon application and payment of a fee, a person, other than
  1 32 a person operating as a salvage pool, may apply for a license
  1 33 to operate as an authorized vehicle recycler to engage in the
  1 34 business as one or more of the following:
  1 35    Sec. 5.  Section 455D.1, Code 2009, is amended by adding
  2  1 the following new subsections:
  2  2    NEW SUBSECTION.  6A.  "Scrap" means discarded appliances,
  2  3 or inoperable machinery; junked, dismantled, or wrecked
  2  4 automobiles, or parts thereof; or used or scrap iron, steel,
  2  5 copper, brass, or other ferrous or nonferrous metal.  "Scrap"
  2  6 does not mean any of the items listed in this subsection that
  2  7 are kept or stored for an agricultural purpose.  "Scrap" also
  2  8 does not mean agricultural equipment or machinery located on
  2  9 property where a farm house or farm structure is located or on
  2 10 property used for any agricultural purpose.
  2 11    NEW SUBSECTION.  6B.  "Scrap yard" means an establishment
  2 12 or place of business which is maintained, operated, or used
  2 13 primarily for buying, selling, dismantling, baling, or
  2 14 temporarily storing scrap.
  2 15    Sec. 6.  NEW SECTION.  455D.21A  LOCAL ORDINANCE == SCRAP
  2 16 YARDS.
  2 17    1.  A city or a county may adopt a local ordinance, written
  2 18 in cooperation with the department, creating licensure
  2 19 requirements for scrap yards located in the city or county.
  2 20 Such an ordinance must include provisions relating to building
  2 21 and property maintenance requirements; pest and rodent control
  2 22 requirements; requirements relating to fluid removal from
  2 23 scrap accepted at a scrap yard; requirements relating to the
  2 24 management of lead acid batteries; requirements relating to
  2 25 scrap at least partially covered by flood waters; storage
  2 26 requirements for automobiles and automobile parts;
  2 27 requirements for the proper recycling of universal waste; and
  2 28 restrictions on the storage, placement, and number of
  2 29 discarded appliances.  Such an ordinance shall include notice
  2 30 that the licensing entity may conduct an audit of the licensed
  2 31 facility at any time without notice and a statement
  2 32 identifying license fees and license renewal requirements.
  2 33    2.  A city or county may adopt a local ordinance creating
  2 34 licensure requirements for scrap yards located in the city or
  2 35 county.  Such an ordinance must include, at a minimum, all of
  3  1 the following:
  3  2    a.  Environmental and other related requirements for
  3  3 licensees including but not limited to the following:
  3  4    (1)  Building and property maintenance requirements.
  3  5    (2)  Pest and rodent control requirements.
  3  6    (3)  Requirements relating to fluid removal from scrap
  3  7 accepted at the scrap yard.
  3  8    (4)  Requirements relating to the management of lead acid
  3  9 batteries.
  3 10    (5)  Health and safety requirements for any scrap at least
  3 11 partially covered by flood waters.
  3 12    (6)  Storage requirements for automobiles and automobile
  3 13 parts.
  3 14    (7)  Requirements for the proper recycling of universal
  3 15 waste.
  3 16    (8)  Restrictions on the storage, placement, and number of
  3 17 discarded appliances.  A scrap yard shall not store more than
  3 18 three hundred discarded appliances.
  3 19    b.  Notice that the licensing entity may conduct an audit
  3 20 of the licensed facility at any time without notice.
  3 21    c.  A statement identifying license fees.
  3 22    d.  License renewal requirements.
  3 23    3.  A city or county may impose a license fee for purposes
  3 24 of administering a licensure program for scrap yards.
  3 25    4.  A city or county may conduct an audit of a licensed
  3 26 facility at any time during a licensure period without notice
  3 27 to the licensee for purposes of ensuring compliance with the
  3 28 terms of the license.
  3 29    5.  Criteria and requirements included in an ordinance
  3 30 adopted pursuant to this section, and in a license issued
  3 31 under the ordinance, may be more restrictive than prescribed
  3 32 by this chapter and chapter 455B and the rules adopted
  3 33 pursuant to those chapters.
  3 34    6.  A city or county may revoke or temporarily suspend a
  3 35 license at any time provided that the grounds for doing so are
  4  1 provided for in the ordinance.
  4  2    7.  A city or county may restrict a person from locating a
  4  3 scrap yard in a floodplain.  This subsection does not apply to
  4  4 scrap yards in existence on July 1, 2009.
  4  5    8.  The department shall, in collaboration with cities,
  4  6 counties, the Iowa automobile recyclers association, and other
  4  7 stakeholders, develop model audits, model ordinances, and
  4  8 model licenses for use by cities and counties under this
  4  9 section.
  4 10                           EXPLANATION
  4 11    This bill relates to the regulation of scrap yards and
  4 12 salvage pools.
  4 13    The bill provides that a person conducting a salvage
  4 14 disposal sale shall only sell a wrecked or repairable motor
  4 15 vehicle to certain licensed persons.  The bill creates an
  4 16 exception from damaged vehicle storage requirements for
  4 17 persons operating a salvage pool.  The bill provides that a
  4 18 person operating a salvage pool shall not apply for a license
  4 19 to operate as an authorized vehicle recycler.
  4 20    The bill allows a city or a county to adopt a local
  4 21 ordinance, written in cooperation with the department of
  4 22 natural resources, creating licensure requirements for scrap
  4 23 yards.  Such an ordinance must include environmental
  4 24 provisions relating to building and property maintenance; pest
  4 25 and rodent control; fluid removal from scrap; management of
  4 26 lead acid batteries; treatment of scrap at least partially
  4 27 covered by flood waters; storage requirements for automobiles
  4 28 and automobile parts; recycling of universal waste; and
  4 29 restrictions on the storage, placement, and number of
  4 30 discarded appliances.  Such an ordinance shall also include
  4 31 notice that the licensing entity may conduct an audit of the
  4 32 licensed facility at any time without notice and a statement
  4 33 identifying license fees and license renewal requirements.
  4 34    The bill allows a city or a county to adopt a local
  4 35 ordinance, without the assistance of the department, creating
  5  1 a licensure requirement for scrap yards provided all of the
  5  2 same requirements as ordinances written with the department
  5  3 are met with two additional environmental provisions.  The
  5  4 ordinance must include health and safety requirements for any
  5  5 scrap at least partially covered by flood waters and a
  5  6 prohibition against the storage of more than 300 discarded
  5  7 appliances.
  5  8    The bill provides that a city or county may impose a
  5  9 license fee for purposes of administering a licensure program
  5 10 for scrap yards.  The bill provides that criteria and
  5 11 requirements included in an ordinance and in a license may be
  5 12 more restrictive than prescribed in Code chapter 455D and Code
  5 13 chapter 455B and the rules adopted pursuant to those Code
  5 14 chapters.  The bill allows a city or county to revoke or
  5 15 temporarily suspend a license at any time provided that the
  5 16 grounds for doing so are provided for in the ordinance.
  5 17    The bill allows a city or county to restrict a person from
  5 18 locating a scrap yard in a floodplain.  A city or county shall
  5 19 not make such restrictions for scrap yards in existence on
  5 20 July 1, 2009.
  5 21    The bill requires the department of natural resources, in
  5 22 collaboration with cities, counties, and other stakeholders,
  5 23 to develop and make available model audits, model ordinances,
  5 24 and model licenses.
  5 25 LSB 2653HV 83
  5 26 tm/nh/5