HSB 571 (LSB 5233DP (5) 87)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL)

A BILL FOR

An Act relating to the duties of and programs administered by the department of natural resources, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455A.4, subsection 1, paragraph b, Code 2018, is amended to read as follows:
   b.  Provide overall supervision, direction, and coordination of functions to be administered by the administrators under chapters 321G, 321I, 455B, 455C, 456, 456A, 456B, 457A, 458A, 459, 459A, 459B, 461A, 462A, 462B, 464A, 465C, 473, 481A, 481B, 483A, 484A, and 484B.
    Sec. 2.  Section 455B.105, subsection 5, Code 2018, is amended to read as follows:
   5.  Make a concise annual biennial report to the governor and the general assembly, which report shall contain information relating to the accomplishments and status of the programs administered by the department and include recommendations for legislative action which may be required to protect or enhance the environment or to modernize the operation of the department or any of the programs or services assigned to the department and recommendations for the transfer of powers and duties of the department as deemed advisable by the commission. The annual biennial report shall conform to the provisions of section 7A.3.
    Sec. 3.  Section 455B.174, subsection 5, paragraph a, Code 2018, is amended to read as follows:
   a.  Conduct random inspections of work done Periodically review permits and reports submitted by city and county public works departments in accordance with section 455B.183, subsection 3, to ensure such public works departments are complying with this part of this division. If a city or county public works department is not complying with section 455B.183 in reviewing plans and specifications or in granting permits or both, the department shall perform these functions in that jurisdiction until the city or county public works department is able to perform them. Performance of these functions in a jurisdiction by a local public works department shall not be suspended or revoked until after notice and opportunity for hearing as provided in chapter 17A.
    Sec. 4.  Section 455B.301, subsection 23, Code 2018, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  Material that is legitimately recycled pursuant to section 455D.4A.
    Sec. 5.  Section 455D.1, subsection 5, Code 2018, is amended to read as follows:
   5.  “Recycling” means any process by which waste, or materials which that would otherwise become waste, are collected, separated, or processed and revised or returned to use in the form of raw materials or products pursuant to section 455D.4A. “Recycling” includes but is not limited to the composting of yard waste which has been previously separated from other waste, but does not include any form of energy recovery.
    Sec. 6.  NEW SECTION.  455D.4A  Recycling.
   1.  For the purpose of this section, “recycling facility” means any facility, business, or operation that has the primary purpose of facilitating the recycling of materials that would otherwise be solid waste.
   2.  Recycling of materials for the purpose of being excluded from the solid waste provisions of chapter 455B, division IV, part 1, must be legitimate. A material that is not legitimately recycled is discarded material and is a solid waste. In determining if recycling is legitimate, recycling facilities must establish all of the following:
   a.  The material is potentially recyclable and has a feasible means of being recycled into a valuable product.
   b.  The material is being managed as a valuable commodity while under their control.
   c.  The material is not being accumulated speculatively pursuant to subsection 7.
   3.  If the department determines that a facility is not legitimately recycling material, the department may allow the facility owner or operator an opportunity to comply with the criteria in subsection 2, or may immediately deem the facility subject to the solid waste provisions of chapter 455B, division IV, part 1.
   4.  The criteria in subsection 2 are intended to mitigate the risk posed by facilities that accumulate materials speculatively prior to recycling by preventing materials that are not otherwise regulated under chapter 455B, division IV, part 1, from being stored indefinitely and potentially causing a public health nuisance or adverse environmental impact. In response to enforcement initiated by the department for alleged violations of this section, the burden of proof falls on the recycling facility owner or operator to establish that materials are being legitimately recycled.
   5.  To establish that a material is potentially recyclable and has a feasible means of being recycled into a valuable product, a recycling facility owner or operator shall maintain with an end user at least one purchase contract, a letter of understanding, or other formal agreement. Such documentation must be provided to the department upon request. In addition, if the material is going to be recycled in an unusual manner, the owner or operator may use technical specifications from the end user or other documentation to prove recycling the material in such manner will result in a valuable product.
   6.  To establish that a material is being managed as a valuable commodity while under their control, a recycling facility owner or operator shall ensure that stockpiled material is not speculatively accumulated by maintaining current inventory records and is managed in a manner consistent with comparable recyclable materials or products in an equally protective manner.
   7.  To establish that a material is not being accumulated speculatively, the recycling facility owner or operator must document that, during a given calendar year, the amount of material that is recycled, or transferred to a different site for recycling, equals at least seventy-five percent by weight or volume of the amount of material accumulated at the beginning of the period. Materials must be placed in a storage unit with a label indicating the first date that the material began to be accumulated. If placing a label on the storage unit is not practicable, the accumulation period must be documented through an inventory log or other appropriate method.
   8.  Failure to provide documentation upon request to the department relative to the requirements of this section is grounds for the department to immediately deem the facility not in compliance with this section.
    Sec. 7.  Section 455D.16, subsection 7, paragraph c, Code 2018, is amended by striking the paragraph.
    Sec. 8.  Section 455D.22, Code 2018, is amended to read as follows:
   455D.22  Civil penalty.
   A person who violates section 455D.4A, 455D.6, subsection 4, section 455D.11, 455D.11A, 455D.11B, 455D.11I, or 455D.19, or any rule, permit, or order issued pursuant thereto shall be subject to a civil penalty which shall be established, assessed, and collected in the same manner as provided in section 455B.109. Any civil penalty collected shall be deposited in the general fund of the state.
    Sec. 9.  Section 455D.23, Code 2018, is amended to read as follows:
   455D.23  Violations.
   The director may issue any order necessary to secure compliance with or prevent a violation of the provisions of this chapter or any rule adopted or permit or order issued pursuant to this chapter.  Any order issued to enforce section 455D.4A may include a requirement to remove and properly dispose of materials being accumulated speculatively from a property and impose costs and penalties as determined by the department by rule. The person to whom such compliance order is issued may cause to be commenced a contested case within the meaning of chapter 17A, by filing within thirty days a notice of appeal to the commission. On appeal, the commission may affirm, modify, or vacate the order of the director.
    Sec. 10.  Section 455D.25, subsection 2, Code 2018, is amended to read as follows:
   2.  Any person who violates section 455D.4A, 455D.10A, 455D.11, 455D.11A, 455D.11B, 455D.11I, or 455D.19, or any order or permit issued or rule adopted pursuant to section 455D.6, subsection 4, section 455D.10A, 455D.11, 455D.11A, 455D.11B, 455D.11I, or 455D.19, shall be subject to a civil penalty, not to exceed ten thousand dollars for each day of such violation.
    Sec. 11.  Section 456.1, Code 2018, is amended by striking the section and inserting in lieu thereof the following:
   456.1  Geological survey created.
   A geological survey of the state is created within the state university of Iowa, under the jurisdiction and authority of the state board of regents.
    Sec. 12.  Section 456.2, Code 2018, is amended to read as follows:
   456.2  State geologist —— qualifications.
   The director state board of regents shall appoint the state geologist. The state geologist must, at a minimum, have a master’s degree in geology from an accredited college or university and must have at least five years of geological experience. The annual salary of the state geologist shall be determined by the director state board of regents.
    Sec. 13.  Section 456.4, Code 2018, is amended to read as follows:
   456.4  Investigations —— collection —— renting space.
   The state geologist shall investigate the characters of the various soils and their capacities for agricultural purposes, the streams, and other scientific and natural resource matters that may be of practical importance and interest. For the purpose of preserving well drilling samples, rock cores, fossils, and other materials as may be necessary to carry on investigations, the state geologist shall have the authority to lease or rent sufficient space for storage of these materials with the approval of the director of the department of administrative services. A complete cabinet collection may shall be made to illustrate the natural products of the state, and the state geologist may also furnish suites of materials, rocks, and fossils for colleges and public museums within the state, if it can be done without impairing the general state collection.
    Sec. 14.  Section 456.7, Code 2018, is amended to read as follows:
   456.7  Annual report.
   The state geologist shall, annually, at the time provided by law, make to the governor and the general assembly a full report of the work in the preceding year, which report shall be accompanied by such other reports and papers as may be considered desirable for publication.
    Sec. 15.  Section 456.10, Code 2018, is amended to read as follows:
   456.10  Distribution and sale of reports.
   All publications of the geological survey shall be distributed by the state as are other published reports of state officers when no special provision is made. When such distribution has been made the state geologist shall retain a sufficient number of copies to supply probable future demands and any copies in excess of such number shall be sold to persons making application therefor at the cost price of publication, the money thus accruing to be turned into the treasury of the state made available electronically via an internet site maintained for that purpose.
    Sec. 16.  REPEAL.  Section 455C.17, Code 2018, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to duties and programs administered by the department of natural resources.
   Under current law, the environmental protection commission must give an annual report to the governor and general assembly about the accomplishments and status of the programs of the department. The bill causes the report to be biennial rather than annual.
   The director currently has the duty to conduct random inspections of work done by city and public works departments to ensure that such public works departments are complying with permit issuance and records reporting criteria regarding water and sewage projects. Rather than conduct random inspections of on-site files of city and county public works departments, the bill requires the director to periodically review permits and reports submitted by those agencies in accordance with Code section 455B.183(3).
   The current definition for “recycling” states that it is a process involving the collecting, separating, or processing of potential waste to revise or return the waste to use in the form of raw materials or products. The bill changes the definition of “recycling” by stating that recycling occurs pursuant to new Code section 455D.4A. The bill also creates a definition for “recycling facility”.
   Currently, the director may issue a compliance order to secure compliance or prevent a violation of any of the provisions relating to recycling and waste reduction. A person who violates a law that governs the disposal, storage, or handling of certain wastes, or a rule, permit, or order issued pursuant to one of those laws, is subject to a civil penalty of no more than $10,000. The department can request that the attorney general pursue litigation for that violation. A person found in violation after litigation shall be subject to a civil penalty of up to $10,000 per day.
   The bill requires a recycling facility to prove that materials it stores are potentially recyclable. A person who fails to meet the criteria for legitimate recycling is subject to the provisions regarding compliance orders, litigation, and civil penalties.
   Since 2010, the department has had to submit a written report to the general assembly regarding issues related to the collection and recycling of mercury-added thermostats in the state. The bill deletes this duty.
   Currently, a geological survey exists within the department. The director of the department must provide supervision, direction, and coordination of functions of the state geologist. The director must appoint the state geologist, who must have a degree in geology from an accredited college or university and at least five years of geological experience. The director determines the state geologist’s salary. The state geologist has the authority to lease or rent sufficient space for storage of well drilling samples, rock cores, fossils, and other materials as may be necessary to carry on investigations, with the approval of the director of the department of administrative services. The state geologist may assemble a complete cabinet collection to illustrate the natural products of the state.
   The state geologist must give to the governor an annual report that consists of the work from the preceding year. The state shall distribute all publications of the geological survey like any other publication of state officers when no special provision exists. The state geologist shall retain a sufficient number of copies to supply probable future demands and the state will sell any extra copies to persons making application therefor at the cost price of publication.
   The bill removes the geological survey from the department and places it in the state university of Iowa under the jurisdiction and authority of the state board of regents. The state board of regents will appoint the state geologist, who must have at least a master’s degree in geology from an accredited college or university and five years of geological experience. The state board of regents will determine the salary for the state geologist. The state geologist will no longer have the authority to lease or rent sufficient space for storage of well drilling samples, rock cores, fossils, and other materials as may be necessary to carry on investigations. Additionally, the state geologist must assemble a complete cabinet collection to illustrate the natural products of the state.
   The bill requires the state geologist to annually report to the general assembly in addition to the governor. Geological survey publications will no longer be distributed or sold like other published reports of state officers, but rather be available electronically on an internet site maintained for the purpose of documenting these publications.
   There currently exists an independent redemption center grant program that awards grants for improvements to redemption centers that are not affiliated with or in any way a subsidiary of a dealer, distributor, or manufacturer and are either nonprofit or for-profit but have existed prior to July 1, 2008. The bill repeals this grant program.