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