Senate Study Bill 1037 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF WORKFORCE DEVELOPMENT BILL) A BILL FOR An Act relating to asbestos regulations administered by the 1 division of labor services of the department of workforce 2 development. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1321DP (3) 84 je/rj

S.F. _____ H.F. _____ Section 1. Section 88B.1, subsection 5, Code 2011, is 1 amended to read as follows: 2 5. “License” means an authorization issued by the division 3 permitting an individual person, including a supervisor 4 or contractor, to work on an asbestos project, to inspect 5 buildings for asbestos-containing building materials, to 6 conduct air sampling, to develop management plans, and to act 7 as an asbestos project designer. 8 Sec. 2. Section 88B.3A, Code 2011, is amended by striking 9 the section and inserting in lieu thereof the following: 10 88B.3A Permit required —— application, qualifications, surety 11 bond, and exceptions. 12 A business entity engaging in the removal or encapsulation 13 of asbestos shall hold a permit for that purpose unless the 14 business entity is removing or encapsulating asbestos only at 15 its own facilities. To qualify for a permit, a business entity 16 must submit to the division all of the following: 17 1. An application in the form required by the division. 18 2. The prescribed fee. 19 3. A surety bond in the amount of twenty-five thousand 20 dollars as set forth in section 88B.14. 21 Sec. 3. Section 88B.6, subsection 2, Code 2011, is amended 22 to read as follows: 23 2. Qualifications. 24 a. An individual is not eligible to be or do any of 25 the following unless the person obtains a license from the 26 division: 27 (1) A contractor or supervisor, or to work on an asbestos 28 project. 29 (2) An inspector for asbestos-containing building material 30 in a school or a public or commercial building. 31 (3) An asbestos management planner for a school building. 32 (4) An asbestos project designer for a school or a public 33 or commercial building. 34 (5) An air sampler for an asbestos project. 35 -1- LSB 1321DP (3) 84 je/rj 1/ 3

S.F. _____ H.F. _____ b. To qualify for a license pursuant to paragraph “a” , 1 subparagraphs (1) through (4) , the applicant must have 2 successfully completed training as established by the United 3 States environmental protection agency, paid a fee, and met 4 other requirements as specified by the division by rule. 5 c. To qualify for a license pursuant to paragraph “a” , 6 subparagraph (5), the applicant must satisfy at least one of 7 the following: 8 (1) Successful completion of relevant course work with the 9 national institute of occupational safety and health. 10 (2) Certification as an industrial hygienist. 11 (3) Successful completion of a bachelor’s degree in the life 12 environmental or physical sciences or in engineering, and at 13 least five hundred twenty hours of experience in air sampling. 14 c. d. To qualify for a license as an asbestos abatement 15 worker, air sampler, supervisor, or contractor, the applicant 16 must have been examined by a physician within the preceding 17 year and declared by the physician to be physically capable of 18 working while wearing a respirator. 19 Sec. 4. NEW SECTION . 88B.14 Surety bond required. 20 1. A surety bond required by section 88B.3A shall be 21 executed by a surety company authorized to do business in this 22 state. 23 2. Release of the bond shall be conditioned upon the payment 24 of all taxes, including contributions under the unemployment 25 compensation insurance system, penalties, interest, and related 26 fees that may accrue to the state of Iowa. Upon request for 27 release of a bond, the commissioner shall notify air quality 28 officials within the department of natural resources, the 29 department of revenue, and unemployment insurance officials 30 within the department of workforce development. If the 31 permittee is not indebted to the commissioner, and no other 32 agency has notified the commissioner of a debt within thirty 33 days of notice, the commissioner may release the bond. 34 3. The commissioner shall adopt rules governing forfeiture 35 -2- LSB 1321DP (3) 84 je/rj 2/ 3

S.F. _____ H.F. _____ of the bond including notice to the surety and the permittee 1 and an opportunity for a hearing in accordance with chapter 2 17A. 3 4. The surety shall provide to the permittee and to the 4 commissioner written notice of intent to cancel the bond at 5 least thirty days in advance of cancellation. The surety 6 company shall not be liable under the bond for acts occurring 7 after cancellation of the bond, but shall remain liable for 8 acts occurring prior to cancellation. 9 EXPLANATION 10 This bill requires the execution of a $25,000 surety bond by 11 business entities engaging in the removal or encapsulation of 12 asbestos. The bill provides for procedures for processing the 13 surety bonds. 14 The bill also provides for the licensing of air samplers 15 for asbestos projects. The bill sets out qualification 16 requirements for obtaining a license to conduct air sampling 17 for asbestos projects. 18 -3- LSB 1321DP (3) 84 je/rj 3/ 3