S.F. _____ H.F. _____ Section 1. Section 455A.4, subsection 1, paragraph b, Code 1 2018, is amended to read as follows: 2 b. Provide overall supervision, direction, and coordination 3 of functions to be administered by the administrators under 4 chapters 321G , 321I , 455B , 455C , 456 , 456A , 456B , 457A , 458A , 5 459 , 459A , 459B , 461A , 462A , 462B , 464A , 465C , 473 , 481A , 481B , 6 483A , 484A , and 484B . 7 Sec. 2. Section 455B.105, subsection 5, Code 2018, is 8 amended to read as follows: 9 5. Make a concise annual biennial report to the governor and 10 the general assembly, which report shall contain information 11 relating to the accomplishments and status of the programs 12 administered by the department and include recommendations 13 for legislative action which may be required to protect or 14 enhance the environment or to modernize the operation of the 15 department or any of the programs or services assigned to the 16 department and recommendations for the transfer of powers and 17 duties of the department as deemed advisable by the commission. 18 The annual biennial report shall conform to the provisions of 19 section 7A.3 . 20 Sec. 3. Section 455B.174, subsection 5, paragraph a, Code 21 2018, is amended to read as follows: 22 a. Conduct random inspections of work done Periodically 23 review permits and reports submitted by city and county 24 public works departments in accordance with section 455B.183, 25 subsection 3, to ensure such public works departments are 26 complying with this part of this division . If a city or county 27 public works department is not complying with section 455B.183 28 in reviewing plans and specifications or in granting permits 29 or both, the department shall perform these functions in that 30 jurisdiction until the city or county public works department 31 is able to perform them. Performance of these functions in a 32 jurisdiction by a local public works department shall not be 33 suspended or revoked until after notice and opportunity for 34 hearing as provided in chapter 17A . 35 -1- LSB 5233DP (5) 87 js/rn 1/ 9

S.F. _____ H.F. _____ Sec. 4. Section 455B.301, subsection 23, Code 2018, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . f. Material that is legitimately recycled 3 pursuant to section 455D.4A. 4 Sec. 5. Section 455D.1, subsection 5, Code 2018, is amended 5 to read as follows: 6 5. “Recycling” means any process by which waste, or 7 materials which that would otherwise become waste, are 8 collected, separated, or processed and revised or returned 9 to use in the form of raw materials or products pursuant to 10 section 455D.4A . “Recycling” includes but is not limited to the 11 composting of yard waste which has been previously separated 12 from other waste, but does not include any form of energy 13 recovery. 14 Sec. 6. NEW SECTION . 455D.4A Recycling. 15 1. For the purpose of this section, “recycling facility” 16 means any facility, business, or operation that has the primary 17 purpose of facilitating the recycling of materials that would 18 otherwise be solid waste. 19 2. Recycling of materials for the purpose of being excluded 20 from the solid waste provisions of chapter 455B, division 21 IV, part 1, must be legitimate. A material that is not 22 legitimately recycled is discarded material and is a solid 23 waste. In determining if recycling is legitimate, recycling 24 facilities must establish all of the following: 25 a. The material is potentially recyclable and has a feasible 26 means of being recycled into a valuable product. 27 b. The material is being managed as a valuable commodity 28 while under their control. 29 c. The material is not being accumulated speculatively 30 pursuant to subsection 7. 31 3. If the department determines that a facility is not 32 legitimately recycling material, the department may allow the 33 facility owner or operator an opportunity to comply with the 34 criteria in subsection 2, or may immediately deem the facility 35 -2- LSB 5233DP (5) 87 js/rn 2/ 9

S.F. _____ H.F. _____ subject to the solid waste provisions of chapter 455B, division 1 IV, part 1. 2 4. The criteria in subsection 2 are intended to mitigate 3 the risk posed by facilities that accumulate materials 4 speculatively prior to recycling by preventing materials that 5 are not otherwise regulated under chapter 455B, division IV, 6 part 1, from being stored indefinitely and potentially causing 7 a public health nuisance or adverse environmental impact. 8 In response to enforcement initiated by the department for 9 alleged violations of this section, the burden of proof falls 10 on the recycling facility owner or operator to establish that 11 materials are being legitimately recycled. 12 5. To establish that a material is potentially recyclable 13 and has a feasible means of being recycled into a valuable 14 product, a recycling facility owner or operator shall maintain 15 with an end user at least one purchase contract, a letter of 16 understanding, or other formal agreement. Such documentation 17 must be provided to the department upon request. In addition, 18 if the material is going to be recycled in an unusual manner, 19 the owner or operator may use technical specifications from the 20 end user or other documentation to prove recycling the material 21 in such manner will result in a valuable product. 22 6. To establish that a material is being managed as a 23 valuable commodity while under their control, a recycling 24 facility owner or operator shall ensure that stockpiled 25 material is not speculatively accumulated by maintaining 26 current inventory records and is managed in a manner consistent 27 with comparable recyclable materials or products in an equally 28 protective manner. 29 7. To establish that a material is not being accumulated 30 speculatively, the recycling facility owner or operator must 31 document that, during a given calendar year, the amount of 32 material that is recycled, or transferred to a different 33 site for recycling, equals at least seventy-five percent by 34 weight or volume of the amount of material accumulated at 35 -3- LSB 5233DP (5) 87 js/rn 3/ 9

S.F. _____ H.F. _____ the beginning of the period. Materials must be placed in a 1 storage unit with a label indicating the first date that the 2 material began to be accumulated. If placing a label on the 3 storage unit is not practicable, the accumulation period must 4 be documented through an inventory log or other appropriate 5 method. 6 8. Failure to provide documentation upon request to the 7 department relative to the requirements of this section is 8 grounds for the department to immediately deem the facility not 9 in compliance with this section. 10 Sec. 7. Section 455D.16, subsection 7, paragraph c, Code 11 2018, is amended by striking the paragraph. 12 Sec. 8. Section 455D.22, Code 2018, is amended to read as 13 follows: 14 455D.22 Civil penalty. 15 A person who violates section 455D.4A, 455D.6, subsection 16 4 , section 455D.11 , 455D.11A , 455D.11B , 455D.11I , or 455D.19 , 17 or any rule, permit, or order issued pursuant thereto shall 18 be subject to a civil penalty which shall be established, 19 assessed, and collected in the same manner as provided in 20 section 455B.109 . Any civil penalty collected shall be 21 deposited in the general fund of the state. 22 Sec. 9. Section 455D.23, Code 2018, is amended to read as 23 follows: 24 455D.23 Violations. 25 The director may issue any order necessary to secure 26 compliance with or prevent a violation of the provisions of 27 this chapter or any rule adopted or permit or order issued 28 pursuant to this chapter . Any order issued to enforce section 29 455D.4A may include a requirement to remove and properly 30 dispose of materials being accumulated speculatively from a 31 property and impose costs and penalties as determined by the 32 department by rule. The person to whom such compliance order 33 is issued may cause to be commenced a contested case within the 34 meaning of chapter 17A , by filing within thirty days a notice 35 -4- LSB 5233DP (5) 87 js/rn 4/ 9

S.F. _____ H.F. _____ of appeal to the commission. On appeal, the commission may 1 affirm, modify, or vacate the order of the director. 2 Sec. 10. Section 455D.25, subsection 2, Code 2018, is 3 amended to read as follows: 4 2. Any person who violates section 455D.4A, 455D.10A , 5 455D.11 , 455D.11A , 455D.11B , 455D.11I , or 455D.19 , or any order 6 or permit issued or rule adopted pursuant to section 455D.6, 7 subsection 4 , section 455D.10A , 455D.11 , 455D.11A , 455D.11B , 8 455D.11I , or 455D.19 , shall be subject to a civil penalty, not 9 to exceed ten thousand dollars for each day of such violation. 10 Sec. 11. Section 456.1, Code 2018, is amended by striking 11 the section and inserting in lieu thereof the following: 12 456.1 Geological survey created. 13 A geological survey of the state is created within the state 14 university of Iowa, under the jurisdiction and authority of the 15 state board of regents. 16 Sec. 12. Section 456.2, Code 2018, is amended to read as 17 follows: 18 456.2 State geologist —— qualifications. 19 The director state board of regents shall appoint the state 20 geologist. The state geologist must , at a minimum, have a 21 master’s degree in geology from an accredited college or 22 university and must have at least five years of geological 23 experience. The annual salary of the state geologist shall be 24 determined by the director state board of regents . 25 Sec. 13. Section 456.4, Code 2018, is amended to read as 26 follows: 27 456.4 Investigations —— collection —— renting space . 28 The state geologist shall investigate the characters of the 29 various soils and their capacities for agricultural purposes, 30 the streams, and other scientific and natural resource matters 31 that may be of practical importance and interest. For the 32 purpose of preserving well drilling samples, rock cores, 33 fossils, and other materials as may be necessary to carry on 34 investigations, the state geologist shall have the authority 35 -5- LSB 5233DP (5) 87 js/rn 5/ 9

S.F. _____ H.F. _____ to lease or rent sufficient space for storage of these 1 materials with the approval of the director of the department 2 of administrative services. A complete cabinet collection may 3 shall be made to illustrate the natural products of the state, 4 and the state geologist may also furnish suites of materials, 5 rocks, and fossils for colleges and public museums within the 6 state, if it can be done without impairing the general state 7 collection. 8 Sec. 14. Section 456.7, Code 2018, is amended to read as 9 follows: 10 456.7 Annual report. 11 The state geologist shall, annually, at the time provided 12 by law, make to the governor and the general assembly a full 13 report of the work in the preceding year, which report shall 14 be accompanied by such other reports and papers as may be 15 considered desirable for publication. 16 Sec. 15. Section 456.10, Code 2018, is amended to read as 17 follows: 18 456.10 Distribution and sale of reports. 19 All publications of the geological survey shall be 20 distributed by the state as are other published reports of 21 state officers when no special provision is made. When such 22 distribution has been made the state geologist shall retain 23 a sufficient number of copies to supply probable future 24 demands and any copies in excess of such number shall be sold 25 to persons making application therefor at the cost price of 26 publication, the money thus accruing to be turned into the 27 treasury of the state made available electronically via an 28 internet site maintained for that purpose . 29 Sec. 16. REPEAL. Section 455C.17, Code 2018, is repealed. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to duties and programs administered by the 34 department of natural resources. 35 -6- LSB 5233DP (5) 87 js/rn 6/ 9

S.F. _____ H.F. _____ Under current law, the environmental protection commission 1 must give an annual report to the governor and general assembly 2 about the accomplishments and status of the programs of the 3 department. The bill causes the report to be biennial rather 4 than annual. 5 The director currently has the duty to conduct random 6 inspections of work done by city and public works departments 7 to ensure that such public works departments are complying with 8 permit issuance and records reporting criteria regarding water 9 and sewage projects. Rather than conduct random inspections 10 of on-site files of city and county public works departments, 11 the bill requires the director to periodically review permits 12 and reports submitted by those agencies in accordance with Code 13 section 455B.183(3). 14 The current definition for “recycling” states that it is a 15 process involving the collecting, separating, or processing 16 of potential waste to revise or return the waste to use in 17 the form of raw materials or products. The bill changes the 18 definition of “recycling” by stating that recycling occurs 19 pursuant to new Code section 455D.4A. The bill also creates a 20 definition for “recycling facility”. 21 Currently, the director may issue a compliance order 22 to secure compliance or prevent a violation of any of the 23 provisions relating to recycling and waste reduction. A person 24 who violates a law that governs the disposal, storage, or 25 handling of certain wastes, or a rule, permit, or order issued 26 pursuant to one of those laws, is subject to a civil penalty 27 of no more than $10,000. The department can request that the 28 attorney general pursue litigation for that violation. A 29 person found in violation after litigation shall be subject to 30 a civil penalty of up to $10,000 per day. 31 The bill requires a recycling facility to prove that 32 materials it stores are potentially recyclable. A person who 33 fails to meet the criteria for legitimate recycling is subject 34 to the provisions regarding compliance orders, litigation, and 35 -7- LSB 5233DP (5) 87 js/rn 7/ 9

S.F. _____ H.F. _____ civil penalties. 1 Since 2010, the department has had to submit a written 2 report to the general assembly regarding issues related to the 3 collection and recycling of mercury-added thermostats in the 4 state. The bill deletes this duty. 5 Currently, a geological survey exists within the department. 6 The director of the department must provide supervision, 7 direction, and coordination of functions of the state 8 geologist. The director must appoint the state geologist, who 9 must have a degree in geology from an accredited college or 10 university and at least five years of geological experience. 11 The director determines the state geologist’s salary. The 12 state geologist has the authority to lease or rent sufficient 13 space for storage of well drilling samples, rock cores, 14 fossils, and other materials as may be necessary to carry 15 on investigations, with the approval of the director of the 16 department of administrative services. The state geologist 17 may assemble a complete cabinet collection to illustrate the 18 natural products of the state. 19 The state geologist must give to the governor an annual 20 report that consists of the work from the preceding year. The 21 state shall distribute all publications of the geological 22 survey like any other publication of state officers when no 23 special provision exists. The state geologist shall retain a 24 sufficient number of copies to supply probable future demands 25 and the state will sell any extra copies to persons making 26 application therefor at the cost price of publication. 27 The bill removes the geological survey from the department 28 and places it in the state university of Iowa under the 29 jurisdiction and authority of the state board of regents. 30 The state board of regents will appoint the state geologist, 31 who must have at least a master’s degree in geology from an 32 accredited college or university and five years of geological 33 experience. The state board of regents will determine the 34 salary for the state geologist. The state geologist will no 35 -8- LSB 5233DP (5) 87 js/rn 8/ 9

S.F. _____ H.F. _____ longer have the authority to lease or rent sufficient space 1 for storage of well drilling samples, rock cores, fossils, and 2 other materials as may be necessary to carry on investigations. 3 Additionally, the state geologist must assemble a complete 4 cabinet collection to illustrate the natural products of the 5 state. 6 The bill requires the state geologist to annually report to 7 the general assembly in addition to the governor. Geological 8 survey publications will no longer be distributed or sold 9 like other published reports of state officers, but rather be 10 available electronically on an internet site maintained for the 11 purpose of documenting these publications. 12 There currently exists an independent redemption center 13 grant program that awards grants for improvements to redemption 14 centers that are not affiliated with or in any way a subsidiary 15 of a dealer, distributor, or manufacturer and are either 16 nonprofit or for-profit but have existed prior to July 1, 2008. 17 The bill repeals this grant program. 18 -9- LSB 5233DP (5) 87 js/rn 9/ 9