Senate File 273 - Introduced SENATE FILE 273 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 1027) (COMPANION TO HF 202 BY COMMITTEE ON ENVIRONMENTAL PROTECTION) A BILL FOR An Act relating to the solid waste environmental management 1 systems program and beautification grants. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1201SV (2) 87 tr/rj/rn
S.F. 273 Section 1. Section 455E.11, subsection 2, paragraph a, 1 subparagraph (1), subparagraph division (a), Code 2017, is 2 amended by striking the subparagraph division. 3 Sec. 2. Section 455E.11, subsection 2, paragraph a, 4 subparagraph (1), subparagraph division (e), Code 2017, is 5 amended to read as follows: 6 (e) Not more than four hundred thousand dollars to the 7 department for purposes of providing funding assistance 8 to eligible communities to address abandoned buildings by 9 promoting waste abatement, diversion, selective dismantlement 10 of building components, and recycling. Eligible communities 11 include a city with a population of five thousand or fewer. 12 Eligible costs for program assistance include but are not 13 limited to asbestos and other hazardous material abatement and 14 removal, the recovery processing of recyclable or reusable 15 material through the selective dismantlement of abandoned 16 buildings, and reimbursement for purchased recycled content 17 materials used in the renovation of buildings. For projects 18 that support community beautification, the department may elect 19 to administer funding to eligible communities in collaboration 20 with the organization awarded the beautification grant in 21 accordance with subparagraph division (a), subparagraph 22 subdivision (i). 23 Sec. 3. Section 455J.1, subsection 2, paragraph a, Code 24 2017, is amended to read as follows: 25 a. The policy of responsible environmental management 26 can be furthered by rewarding solid waste disposal projects 27 planning and service areas that operate in an innovative, 28 cost-effective, technologically advanced, and environmentally 29 sensitive manner. 30 Sec. 4. Section 455J.2, subsection 2, Code 2017, is amended 31 by striking the subsection. 32 Sec. 5. Section 455J.2, subsection 5, Code 2017, is amended 33 to read as follows: 34 5. “Environmental management system” or “system” means a 35 -1- LSB 1201SV (2) 87 tr/rj/rn 1/ 7
S.F. 273 solid waste planning or service area which has been designated 1 as an environmental management system pursuant to section 2 455J.7 . “Environmental management system” includes a planning 3 or service area designated as an environmental management 4 system that is providing multiple environmental services 5 in addition to solid waste disposal and that is planning 6 for the continuous improvement of solid waste management by 7 appropriately and aggressively mitigating the environmental 8 impacts of solid waste disposal. 9 Sec. 6. Section 455J.3, Code 2017, is amended to read as 10 follows: 11 455J.3 Environmental management system designation 12 requirements. 13 To qualify for designation as an environmental management 14 system pursuant to section 455J.7 , a solid waste planning or 15 service area shall actively pursue all of the following: 16 1. Yard Organics waste management. Provide for the 17 operation of a yard an organics waste management program or 18 contract with provide support to another party to do so. 19 2. Hazardous household waste materials collection. Provide 20 for the proper management and disposal of hazardous household 21 waste materials by operating a regional collection center or 22 participating in a regional collection center network. The 23 regional collection center shall provide for the collection and 24 disposal of hazardous household wastes materials , including 25 but not limited to paint, pesticides, batteries, automotive 26 products, sharps, needles and syringes, and pool chemicals. 27 The regional collection center shall encourage the reuse of 28 any materials for which reuse is possible and may educate 29 households on the use of safer alternatives through efforts 30 designed to increase public participation and to increase the 31 participation of local government entities not currently in a 32 network. Regional collection centers may also provide for the 33 assessment of current educational programs by examining changes 34 in consumer behavior. 35 -2- LSB 1201SV (2) 87 tr/rj/rn 2/ 7
S.F. 273 3. Water quality improvement. Provide for a water quality 1 improvement program within the system’s planning or service 2 area. Such a program may include offering educational 3 programs, sponsoring awareness initiatives, providing for 4 cleanup activities such as the cleanup of illegal dumping 5 areas, and otherwise promoting responsible environmental 6 behavior. 7 4. Greenhouse gas reduction. Implement a greenhouse gas 8 reduction program designed to prevent the release of greenhouse 9 gases into the atmosphere. Such a program may include but is 10 not limited to the following activities: 11 a. Generating electricity or producing other fuels through 12 the collection of landfill gas, such as a methane gas recovery 13 or minimization system. 14 b. Collecting and managing food and other organic waste from 15 households and from industrial and commercial establishments, 16 or attempting to recover energy from the reuse of biomass. 17 c. Implementing programs that encourage the efficient use of 18 energy and promote the use of renewable fuels. 19 d. Discouraging the uncontrolled burning of solid waste and 20 yard waste. 21 e. Setting recycling goals to measure energy savings and 22 quantify the level of success of greenhouse gas mitigation 23 efforts. 24 f. Collection and recycling services targeted at waste 25 generated by industrial and commercial facilities such as 26 cardboard, paper, construction, and demolition waste. 27 5. Recycling services. 28 a. Offer recycling services for paper, glass, metal, 29 and plastics within the communities served. In addition to 30 offering recycling of paper, metal, glass, and plastics, a 31 solid waste planning or service area may also offer recycling 32 services for electronic waste, white goods, and tires. 33 b. Recycling services may also be targeted at waste 34 generated by industrial and commercial facilities such as 35 -3- LSB 1201SV (2) 87 tr/rj/rn 3/ 7
S.F. 273 cardboard, paper, construction, and demolition waste. 1 c. Recycling services offered in an effort to meet the goals 2 of this subsection may be provided through drop-off sites or 3 through curbside recycling programs operated in conjunction 4 with solid waste collection. 5 6. Environmental education. Plan and implement programs 6 educating the public on environmental stewardship. These 7 programs may include components designed to prevent illegal 8 dumping, reduce greenhouse gas emissions, improve water 9 quality, reduce waste generation, increase recycling and reuse, 10 or any other environmental objective that furthers the purpose 11 and goals of this chapter . 12 Sec. 7. Section 455J.4, subsection 1, Code 2017, is amended 13 to read as follows: 14 1. On September 1 , 2009, and each year thereafter, each 15 environmental management system shall submit to the department 16 an annual report. The report shall document the system’s 17 compliance with the requirements of section 455J.3 . 18 Sec. 8. Section 455J.5, Code 2017, is amended to read as 19 follows: 20 455J.5 Incentives. 21 1. A solid waste planning or service area designated as 22 an environmental management system pursuant to section 455J.7 23 shall qualify for all of the following: 24 a. An exemption from solid waste reduction goals imposed 25 on sanitary landfills solid waste planning or service areas 26 pursuant to section 455D.3 . 27 b. A reduced tonnage fee of three dollars and sixty-five 28 cents per ton, to be imposed as provided in section 455B.310 , 29 notwithstanding section 455B.310, subsection 2 , of which two 30 dollars and ten cents shall be remitted to the department. 31 c. Financial assistance as recommended by the council and 32 approved by the commission pursuant to section 455J.7 . 33 2. Notwithstanding any other provision of law to the 34 contrary, in addition to the incentives in subsection 1 , 35 -4- LSB 1201SV (2) 87 tr/rj/rn 4/ 7
S.F. 273 a solid waste planning or service area designated as an 1 environmental management system is only required to file exempt 2 from filing its updated comprehensive plan once every five 3 years . 4 Sec. 9. Section 455J.7, Code 2017, is amended to read as 5 follows: 6 455J.7 Designation of environmental management systems. 7 1. Consideration of plans. The council department shall 8 consider solid waste management plans submitted by solid 9 waste planning or service areas and make recommendations for 10 designation as an environmental management system to the 11 commission. All system designations recommended by the council 12 department are subject to approval by the commission. Any 13 solid waste planning or service area may submit a plan to the 14 council department and seek designation as a system. 15 a. By October 1, 2008, the council shall recommend the 16 designation of up to six initial qualifying solid waste 17 planning areas as environmental management systems to serve 18 as pilot projects. By October 1 , 2009, and by the same date 19 each year thereafter , the council department may recommend the 20 designation of any additional planning or service areas as 21 systems, provided those areas meet the requirements of section 22 455J.3 . 23 b. In recommending the designation of a planning or 24 service area as a system, the council department shall make a 25 determination as to whether the area meets the requirements of 26 section 455J.3 . The council department shall not recommend the 27 designation of a planning or service area as a system unless 28 the planning or service area meets the requirements of section 29 455J.3 . 30 c. The commission shall consider the plans submitted to the 31 council department and shall review the council’s department’s 32 recommendations on those plans. The commission shall approve 33 or reject each plan and shall make publicly available its 34 reasons for doing so. 35 -5- LSB 1201SV (2) 87 tr/rj/rn 5/ 7
S.F. 273 2. System review. 1 a. By October January 1 , 2009, and by the same date each 2 year thereafter , the council department shall review the 3 annual reports of all designated systems and determine whether 4 those systems remain in compliance with section 455J.3 . If 5 the council department determines that a planning or service 6 area is no longer in compliance, the council department may 7 recommend to the commission the revocation of the planning or 8 service area’s system designation. 9 b. The council department may review and monitor the 10 progress of those planning or service areas that have not 11 been designated as a system and shall coordinate with other 12 statewide boards, task forces, and other entities in order to 13 achieve the goals and objectives of this chapter . 14 3. Allocation of funds. 15 a. The council department shall recommend to the commission 16 a reasonable allocation of the moneys provided in section 17 455E.11, subsection 2 , paragraph “a” , subparagraph (1), 18 subparagraph division (d), to eligible systems. In making its 19 recommendation as to the allocation of moneys, the council 20 department shall adopt and use a set of reasonable criteria. 21 The criteria shall conform to the goals and purposes of this 22 chapter as described in section 455J.1 and shall be approved 23 by the commission. 24 b. Notwithstanding any other provision of law to the 25 contrary, the commission shall make a final allocation of the 26 funds described in section 455E.11, subsection 2 , paragraph 27 “a” , subparagraph (1), subparagraph division (d), to systems 28 meeting the requirements of this chapter . 29 c. Moneys allocated pursuant to this subsection shall 30 be used by systems to further compliance with any of the 31 requirements of section 455J.3 this chapter . 32 4. The department shall prepare an annual report citing 33 the results and costs of the program for submittal to the 34 commission by January 1, 2018, and by January 1 each year 35 -6- LSB 1201SV (2) 87 tr/rj/rn 6/ 7
S.F. 273 thereafter. 1 Sec. 10. REPEAL. Section 455J.6, Code 2017, is repealed. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill abolishes the solid waste alternatives program 6 advisory council for environmental management systems. Under 7 the bill, the duties of the solid waste alternatives program 8 advisory council are transferred to the department of natural 9 resources. 10 The bill changes references in Code chapter 455J from 11 “household hazardous waste” to “household hazardous material” 12 and from “solid waste planning areas” to “solid waste planning 13 or service areas”. 14 The bill removes the department of natural resources’ 15 discretionary authority to administer funds to benefit eligible 16 communities that collaborate with an organization awarded a 17 beautification grant, since the beautification grant program 18 no longer exists. 19 Currently, an environmental management system is required to 20 file an updated comprehensive plan every five years. The bill 21 exempts solid waste planning or service areas designated as an 22 environmental management system from filing a comprehensive 23 plan. 24 The bill requires the department to submit an annual report 25 to the environmental protection commission citing the results 26 and costs of the environmental management systems program. 27 -7- LSB 1201SV (2) 87 tr/rj/rn 7/ 7