SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF WORKFORCE DEVELOPMENT BILL)

A BILL FOR

An Act relating to asbestos regulations administered by the division of labor services of the department of workforce development.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 88B.1, subsection 5, Code 2011, is amended to read as follows:
   5.  “License” means an authorization issued by the division permitting an individual person, including a supervisor or contractor, to work on an asbestos project, to inspect buildings for asbestos-containing building materials, to conduct air sampling, to develop management plans, and to act as an asbestos project designer.
   Sec. 2.  Section 88B.3A, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   88B.3A  Permit required —— application, qualifications, surety bond, and exceptions.
   A business entity engaging in the removal or encapsulation of asbestos shall hold a permit for that purpose unless the business entity is removing or encapsulating asbestos only at its own facilities. To qualify for a permit, a business entity must submit to the division all of the following:
   1.  An application in the form required by the division.
   2.  The prescribed fee.
   3.  A surety bond in the amount of twenty-five thousand dollars as set forth in section 88B.14.
   Sec. 3.  Section 88B.6, subsection 2, Code 2011, is amended to read as follows:
   2.  Qualifications.
   a.  An individual is not eligible to be or do any of the following unless the person obtains a license from the division:
   (1)  A contractor or supervisor, or to work on an asbestos project.
   (2)  An inspector for asbestos-containing building material in a school or a public or commercial building.
   (3)  An asbestos management planner for a school building.
   (4)  An asbestos project designer for a school or a public or commercial building.
   (5)  An air sampler for an asbestos project.
   b.  To qualify for a license pursuant to paragraph “a”, subparagraphs (1) through (4), the applicant must have successfully completed training as established by the United States environmental protection agency, paid a fee, and met other requirements as specified by the division by rule.
   c.  To qualify for a license pursuant to paragraph “a”, subparagraph (5), the applicant must satisfy at least one of the following:
   (1)  Successful completion of relevant course work with the national institute of occupational safety and health.
   (2)  Certification as an industrial hygienist.
   (3)  Successful completion of a bachelor’s degree in the life environmental or physical sciences or in engineering, and at least five hundred twenty hours of experience in air sampling.
   c.  d.  To qualify for a license as an asbestos abatement worker, air sampler, supervisor, or contractor, the applicant must have been examined by a physician within the preceding year and declared by the physician to be physically capable of working while wearing a respirator.
   Sec. 4.  NEW SECTION.  88B.14  Surety bond required.
   1.  A surety bond required by section 88B.3A shall be executed by a surety company authorized to do business in this state.
   2.  Release of the bond shall be conditioned upon the payment of all taxes, including contributions under the unemployment compensation insurance system, penalties, interest, and related fees that may accrue to the state of Iowa. Upon request for release of a bond, the commissioner shall notify air quality officials within the department of natural resources, the department of revenue, and unemployment insurance officials within the department of workforce development. If the permittee is not indebted to the commissioner, and no other agency has notified the commissioner of a debt within thirty days of notice, the commissioner may release the bond.
   3.  The commissioner shall adopt rules governing forfeiture of the bond including notice to the surety and the permittee and an opportunity for a hearing in accordance with chapter 17A.
   4.  The surety shall provide to the permittee and to the commissioner written notice of intent to cancel the bond at least thirty days in advance of cancellation. The surety company shall not be liable under the bond for acts occurring after cancellation of the bond, but shall remain liable for acts occurring prior to cancellation.
EXPLANATION
   This bill requires the execution of a $25,000 surety bond by business entities engaging in the removal or encapsulation of asbestos. The bill provides for procedures for processing the surety bonds.
   The bill also provides for the licensing of air samplers for asbestos projects. The bill sets out qualification requirements for obtaining a license to conduct air sampling for asbestos projects.