H.F. 2303 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- HF 2303 (4) 87 js/rn/md 1/ 7

H.F. 2303 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. Section 455D.1, Code 2018, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 5A. “Scrap metal” means any ferrous or 17 nonferrous metal suitable for reprocessing into a viable market 18 commodity grade specification. 19 Sec. 7. NEW SECTION . 455D.4A Recycling. 20 1. For the purpose of this section, “recycling facility” 21 means any facility, business, or operation that has the stated 22 primary purpose of facilitating the recycling of materials that 23 would otherwise be solid waste. 24 2. Recycling of materials for the purpose of being excluded 25 from the solid waste provisions of chapter 455B, division 26 IV, part 1, must be legitimate. A material that is not 27 legitimately recycled is discarded material and is a solid 28 waste. In determining if recycling is legitimate, recycling 29 facilities must establish all of the following: 30 a. The material is potentially recyclable and has a feasible 31 means of being recycled into a valuable product. 32 b. The material is being managed as a valuable commodity 33 while under their control. 34 c. The material is not being accumulated speculatively 35 -2- HF 2303 (4) 87 js/rn/md 2/ 7

H.F. 2303 pursuant to subsection 7. 1 3. If the department determines that a facility is not 2 legitimately recycling material, the department may allow the 3 facility owner or operator an opportunity to comply with the 4 criteria in subsection 2, or may immediately deem the facility 5 subject to the solid waste provisions of chapter 455B, division 6 IV, part 1. 7 4. The criteria in subsection 2 are intended to mitigate 8 the risk posed by facilities that accumulate materials 9 speculatively prior to recycling by preventing materials that 10 are not otherwise regulated under chapter 455B, division IV, 11 part 1, from being stored indefinitely and potentially causing 12 a public health nuisance or adverse environmental impact. 13 In response to enforcement initiated by the department for 14 alleged violations of this section, the burden of proof falls 15 on the recycling facility owner or operator to establish that 16 materials are being legitimately recycled. 17 5. To establish that a material is potentially recyclable 18 and has a feasible means of being recycled into a valuable 19 product, a recycling facility owner or operator shall maintain 20 with an end user at least one purchase contract, a letter of 21 understanding, or other formal agreement. Such documentation 22 must be provided to the department upon request. In addition, 23 if the material is going to be recycled in an unusual manner, 24 the owner or operator may use technical specifications from the 25 end user or other documentation to prove recycling the material 26 in such manner will result in a valuable product. 27 6. To establish that a material is being managed as a 28 valuable commodity while under their control, a recycling 29 facility owner or operator shall ensure that stockpiled 30 material is not speculatively accumulated by maintaining 31 current inventory records and is managed in a manner consistent 32 with comparable recyclable materials or products in an equally 33 protective manner. 34 7. To establish that a material is not being accumulated 35 -3- HF 2303 (4) 87 js/rn/md 3/ 7

H.F. 2303 speculatively, the recycling facility owner or operator must 1 document that, during a given calendar year, the amount of 2 material that is recycled, or transferred to a different 3 site for recycling, equals at least seventy-five percent by 4 weight or volume of the amount of material accumulated at 5 the beginning of the period. Materials must be placed in a 6 storage unit with a label indicating the first date that the 7 material began to be accumulated. If placing a label on the 8 storage unit is not practicable, the accumulation period must 9 be documented through an inventory log or other appropriate 10 method. 11 8. Failure to provide documentation upon request to the 12 department relative to the requirements of this section is 13 grounds for the department to immediately deem the facility not 14 in compliance with this section. 15 9. Scrap metal as defined in section 455D.1 is not subject 16 to the provisions of this section. 17 Sec. 8. Section 455D.16, subsection 7, paragraph c, Code 18 2018, is amended by striking the paragraph. 19 Sec. 9. Section 455D.22, Code 2018, is amended to read as 20 follows: 21 455D.22 Civil penalty. 22 A person who violates section 455D.4A, 455D.6, subsection 23 4 , section 455D.11 , 455D.11A , 455D.11B , 455D.11I , or 455D.19 , 24 or any rule, permit, or order issued pursuant thereto shall 25 be subject to a civil penalty which shall be established, 26 assessed, and collected in the same manner as provided in 27 section 455B.109 . Any civil penalty collected shall be 28 deposited in the general fund of the state. 29 Sec. 10. Section 455D.23, Code 2018, is amended to read as 30 follows: 31 455D.23 Violations. 32 The director may issue any order necessary to secure 33 compliance with or prevent a violation of the provisions of 34 this chapter or any rule adopted or permit or order issued 35 -4- HF 2303 (4) 87 js/rn/md 4/ 7

H.F. 2303 pursuant to this chapter . Any order issued to enforce section 1 455D.4A may include a requirement to remove and properly 2 dispose of materials being accumulated speculatively from a 3 property and impose costs and penalties as determined by the 4 department by rule. The person to whom such compliance order 5 is issued may cause to be commenced a contested case within the 6 meaning of chapter 17A , by filing within thirty days a notice 7 of appeal to the commission. On appeal, the commission may 8 affirm, modify, or vacate the order of the director. 9 Sec. 11. Section 455D.25, subsection 2, Code 2018, is 10 amended to read as follows: 11 2. Any person who violates section 455D.4A, 455D.10A , 12 455D.11 , 455D.11A , 455D.11B , 455D.11I , or 455D.19 , or any order 13 or permit issued or rule adopted pursuant to section 455D.6, 14 subsection 4 , section 455D.10A , 455D.11 , 455D.11A , 455D.11B , 15 455D.11I , or 455D.19 , shall be subject to a civil penalty, not 16 to exceed ten thousand dollars for each day of such violation. 17 Sec. 12. Section 456.1, Code 2018, is amended by striking 18 the section and inserting in lieu thereof the following: 19 456.1 Geological survey created. 20 A geological survey of the state is created within the state 21 university of Iowa, under the jurisdiction and authority of the 22 state board of regents. 23 Sec. 13. Section 456.2, Code 2018, is amended to read as 24 follows: 25 456.2 State geologist —— qualifications. 26 The director state board of regents shall appoint the state 27 geologist. The state geologist must , at a minimum, have a 28 master’s degree in geology from an accredited college or 29 university and must have at least five years of geological 30 experience. The annual salary of the state geologist shall be 31 determined by the director state board of regents . 32 Sec. 14. Section 456.4, Code 2018, is amended to read as 33 follows: 34 456.4 Investigations —— collection —— renting space . 35 -5- HF 2303 (4) 87 js/rn/md 5/ 7

H.F. 2303 The state geologist shall investigate the characters of the 1 various soils and their capacities for agricultural purposes, 2 the streams, and other scientific and natural resource matters 3 that may be of practical importance and interest. For the 4 purpose of preserving well drilling samples, rock cores, 5 fossils, and other materials as may be necessary to carry on 6 investigations, the state geologist shall have the authority 7 to lease or rent sufficient space for storage of these 8 materials with the approval of the director of the department 9 of administrative services. A complete cabinet collection may 10 shall be made to illustrate the natural products of the state, 11 and the state geologist may also furnish suites of materials, 12 rocks, and fossils for colleges and public museums within the 13 state, if it can be done without impairing the general state 14 collection. 15 Sec. 15. Section 456.7, Code 2018, is amended to read as 16 follows: 17 456.7 Annual report. 18 The state geologist shall, annually, at the time provided 19 by law, make to the governor and the general assembly a full 20 report of the work in the preceding year, which report shall 21 be accompanied by such other reports and papers as may be 22 considered desirable for publication. 23 Sec. 16. Section 456.10, Code 2018, is amended to read as 24 follows: 25 456.10 Distribution and sale of reports. 26 All publications of the geological survey shall be 27 distributed by the state as are other published reports of 28 state officers when no special provision is made. When such 29 distribution has been made the state geologist shall retain 30 a sufficient number of copies to supply probable future 31 demands and any copies in excess of such number shall be sold 32 to persons making application therefor at the cost price of 33 publication, the money thus accruing to be turned into the 34 treasury of the state made available electronically via an 35 -6- HF 2303 (4) 87 js/rn/md 6/ 7