House Study Bill 90 



                                       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 relating to open burning of residential waste in certain
  2    areas of the state and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1245DP 83
  5 tm/nh/14

PAG LIN



  1  1    Section 1.  Section 455B.133, Code 2009, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  11.  a.  Adopt rules to prohibit the open
  1  4 burning of residential waste within any of the following
  1  5 areas:
  1  6    (1)  Beginning January 1, 2010, any city with a population
  1  7 of two thousand five hundred or more and any area within one
  1  8 quarter mile of any city with a population of two thousand
  1  9 five hundred or more.
  1 10    (2)  Beginning January 1, 2011, any city with a population
  1 11 of one thousand or more and any area within one quarter mile
  1 12 of any city with a population of one thousand or more.
  1 13    (3)  Beginning January 1, 2012, any city with a population
  1 14 of five hundred or more and any area within one quarter mile
  1 15 of any city with a population of five hundred or more.
  1 16    (4)  Beginning January 1, 2013, any city in the state and
  1 17 any area within one quarter mile of any city in the state.
  1 18    b.  The population of a city as described in this
  1 19 subsection shall be based on the most recent federal decennial
  1 20 census.
  1 21                           EXPLANATION
  1 22    This bill relates to open burning of residential waste in
  1 23 certain areas of the state.
  1 24    The bill requires the environmental protection commission
  1 25 to adopt administrative rules prohibiting the open burning of
  1 26 residential waste in cities and in areas within one quarter
  1 27 mile of cities.  The prohibition begins on January 1, 2010, in
  1 28 cities with a population of 2,500 or more; on January 1, 2011,
  1 29 in cities with a population of 1,000 or more; on January 1,
  1 30 2012, in cities with a population of 500 or more; and on
  1 31 January 1, 2013, in all cities in the state.
  1 32    Criminal penalties provided in Code section 455B.146A are
  1 33 applicable to violations of the provisions of the bill.
  1 34 LSB 1245DP 83
  1 35 tm/nh/14