Bill Text: IA HF2391 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the funding and operation of programs to collect and dispose of household hazardous materials. (Formerly HSB 609)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2016-03-09 - Withdrawn. H.J. 440. [HF2391 Detail]

Download: Iowa-2015-HF2391-Introduced.html

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House File 2391 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON NATURAL
                                     RESOURCES

                                 (SUCCESSOR TO HSB 609)

                                      A BILL FOR

  1 An Act relating to the funding and operation of programs to
  2    collect and dispose of household hazardous materials.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 455E.11, subsection 2, paragraph a,
  1  2 subparagraph (2), subparagraph divisions (d), (e), and (f),
  1  3 Code 2016, are amended to read as follows:
  1  4    (d)  For the fiscal year beginning July 1, 2005, nine and
  1  5 one=half percent to the department to establish permanent
  1  6 household hazardous waste collection sites so that both
  1  7 urban and rural populations are served and so that collection
  1  8 services are available to the public on a regular basis.
  1  9 Beginning July 1, 2006, six and one=quarter percent to the
  1 10 department to establish permanent household hazardous waste
  1 11 collection sites so that both urban and rural populations are
  1 12 served and so that collection services are available to the
  1 13 public on a regular basis. Beginning July 1, 2007, three Three
  1 14  percent to the department to establish permanent household
  1 15 hazardous waste materials collection sites so that both
  1 16 urban and rural populations are served and so that collection
  1 17 services are available to the public on a regular basis.
  1 18 Beginning July 1, 2008, any moneys collected pursuant to this
  1 19 subparagraph division that remain unexpended at the end of a
  1 20 fiscal year for establishment of permanent household hazardous
  1 21 waste materials collection sites shall be used for purposes of
  1 22 subparagraph division (e).
  1 23    (e)  For the fiscal year beginning July 1, 2005, three
  1 24 percent to the department for payment of transportation costs
  1 25 related to household hazardous waste collection programs.
  1 26 Beginning July 1, 2006, six and one=quarter percent to the
  1 27 department for payment of transportation costs related to
  1 28 household hazardous waste collection programs. Beginning July
  1 29 1, 2007, nine Nine and one=half percent to the department for
  1 30 payment of transportation collection and disposal costs related
  1 31 to household hazardous waste materials collection programs.
  1 32    (f)  Eight and one=half percent to the department to
  1 33 provide additional toxic cleanup days support special
  1 34 events for household hazardous materials collection or other
  1 35 efforts of the department to support the household hazardous
  2  1 materials program, permanent household hazardous material
  2  2 collection systems and special events for household hazardous
  2  3 material collection, and for the natural resource geographic
  2  4 information system required under section 455E.8, subsection 4.
  2  5 Departmental rules adopted for implementation of toxic cleanup
  2  6 days shall provide sufficient flexibility to respond to the
  2  7 household hazardous material collection needs of both small and
  2  8 large communities. Repayment moneys from the Iowa business
  2  9 loan program for waste reduction and recycling pursuant to
  2 10 section 455B.310, subsection 2, paragraph "b", Code 1993, and
  2 11 discontinued pursuant to 1993 Iowa Acts, ch. 176, {45, shall
  2 12 be placed into this account to support household hazardous
  2 13 materials programs of the department.
  2 14    Sec. 2.  Section 455E.11, subsection 2, paragraph c,
  2 15 subparagraphs (1) and (2), Code 2016, are amended to read as
  2 16 follows:
  2 17    (1)  The moneys collected pursuant to section 455F.7
  2 18 and moneys collected pursuant to section 29C.8A which are
  2 19 designated for deposit, shall be deposited in the household
  2 20 hazardous waste account. Two thousand dollars is appropriated
  2 21 annually to the Iowa department of public health to carry
  2 22 out departmental duties under section 135.11, subsections 18
  2 23 and 19, and section 139A.21. The remainder of the account
  2 24 shall be used to fund toxic cleanup days and the efforts of
  2 25 the department to support a collection system for household
  2 26 hazardous materials, including public education programs,
  2 27 training, and consultation of local governments in the
  2 28 establishment and operation of permanent collection systems,
  2 29 and the management of collection sites, education programs,
  2 30 and other activities pursuant to chapter 455F, including the
  2 31 administration of the household hazardous materials retailer
  2 32  permit program by the department of revenue.
  2 33    (2)  The department shall submit to the general assembly,
  2 34 annually on or before January 1, an itemized report which
  2 35 includes but is not limited to the total amount of moneys
  3  1 collected and the sources of the moneys collected, the amount
  3  2 of moneys expended for administration of the programs funded
  3  3 within the account, results of the efforts of the department to
  3  4 support a collection system for household hazardous materials
  3  5 pursuant to chapter 455F, and an itemization of any other
  3  6 expenditures made within the previous fiscal year.
  3  7    Sec. 3.  Section 455F.1, subsection 3, Code 2016, is amended
  3  8 by striking the subsection.
  3  9    Sec. 4.  Section 455F.1, subsection 4, Code 2016, is amended
  3 10 to read as follows:
  3 11    4.  "Household hazardous material" means a product used for
  3 12 residential purposes and designated by rule of the department
  3 13 of natural resources and may include any hazardous substance as
  3 14 defined in section 455B.411, subsection 2; and any hazardous
  3 15 waste as defined in section 455B.411, subsection 3; and shall
  3 16 include but is not limited to the following materials:  motor
  3 17 oils, motor oil filters, gasoline and diesel additives,
  3 18 degreasers, waxes, polishes, pure solvents, lacquers, thinners,
  3 19 caustic household cleaners, spot and stain remover with
  3 20 petroleum base, petroleum=based fertilizers, and paints with
  3 21 the exception of latex=based paints. However, "household
  3 22 hazardous material" does not include noncaustic household
  3 23 cleaners, laundry detergents or soaps, dishwashing compounds,
  3 24 chlorine bleach, personal care products, personal care soaps,
  3 25 cosmetics, and medications.
  3 26    Sec. 5.  Section 455F.1, Code 2016, is amended by adding the
  3 27 following new subsections:
  3 28    NEW SUBSECTION.  5A.  "Regional collection center" means a
  3 29 secured facility at which collection, sorting, and packaging
  3 30 of household hazardous materials and hazardous materials from
  3 31 conditionally exempt small quantity generators are accomplished
  3 32 prior to transportation of these materials to the final
  3 33 disposal site. Regional collection centers have regular hours
  3 34 during which the public may drop off hazardous materials. A
  3 35 regional collection center may be a government agency or a
  4  1 private agency under contract with a government agency as part
  4  2 of a solid waste comprehensive plan.
  4  3    NEW SUBSECTION.  7A.  "Satellite facility" means a secured
  4  4 facility at which collection and storage of household
  4  5 hazardous materials and hazardous materials from conditionally
  4  6 exempt small quantity generators are accomplished prior to
  4  7 transportation of these materials to a regional collection
  4  8 center. A satellite facility has a written contract with
  4  9 a regional collection center for the removal of collected
  4 10 household hazardous materials. A satellite facility may be
  4 11 operated by a government agency or a private agency under
  4 12 contract with a government agency as part of a solid waste
  4 13 comprehensive plan. A satellite facility is available for
  4 14 public drop off of household hazardous materials either during
  4 15 regularly scheduled hours or by appointment.
  4 16    Sec. 6.  Section 455F.5, Code 2016, is amended to read as
  4 17 follows:
  4 18    455F.5  Duties of the commission Rules.
  4 19    The commission shall:
  4 20    1.  Adopt rules which establish a uniform label to be
  4 21 supplied and used by retailers.
  4 22    2.  Adopt rules which designate the type and amount of
  4 23 information to be included in the consumer information booklets
  4 24 and bulletins adopt rules to implement the programs established
  4 25 pursuant to this chapter.
  4 26    Sec. 7.  Section 455F.6, subsection 3, Code 2016, is amended
  4 27 by striking the subsection.
  4 28    Sec. 8.  Section 455F.8, Code 2016, is amended to read as
  4 29 follows:
  4 30    455F.8  Household hazardous waste cleanup materials program
  4 31 created.
  4 32    The department shall conduct programs to collect and dispose
  4 33 of small amounts promote the proper management of household
  4 34  hazardous wastes which are being stored in residences or on
  4 35 farms materials collected from residents and conditionally
  5  1 exempt small quantity generators. The program shall be known
  5  2 as "toxic cleanup days". The department shall promote and
  5  3 conduct the program and shall by contract with a qualified and
  5  4 bonded waste handling company, collect and properly dispose
  5  5 of wastes believed by the person disposing of the waste to be
  5  6 hazardous. The department shall establish maximum amounts
  5  7 of hazardous wastes to be accepted from a person during the
  5  8 toxic cleanup days program. Amounts accepted from a person
  5  9 above the maximum shall be limited by the department and may
  5 10 be subject to a fee set by the department, but the department
  5 11 shall not assess a fee for amounts accepted below the maximum
  5 12 amount. The department shall designate the times and dates
  5 13 for the collection of wastes. In order to achieve the maximum
  5 14 benefit from the program, the department shall offer toxic
  5 15 cleanup days on a statewide basis and provide at least one
  5 16 toxic cleanup day in each departmental region. Toxic cleanup
  5 17 days shall be offered in both rural and urban areas to provide
  5 18 a comparison of response levels and to test the viability of
  5 19 multicounty toxic cleanup days. The department shall prepare
  5 20 an annual report citing the results and costs of the program
  5 21 for submittal to the general assembly.
  5 22    Sec. 9.  Section 455F.8A, Code 2016, is amended to read as
  5 23 follows:
  5 24    455F.8A  Household hazardous material collection sites
  5 25  regional collection centers and satellite facilities.
  5 26    1.  By January 1, 1991, the department shall complete an
  5 27 assessment of the needs of local governments for temporary
  5 28 collection sites for household hazardous materials. Upon
  5 29 completion of the assessment, the department shall design
  5 30 a model facility which would adequately serve the needs
  5 31 identified. During the design phase, the department shall also
  5 32 identify facility permit requirements.
  5 33    2.  a.  Following the completion of the assessment and design
  5 34 of the model facility, the The department shall set a goal of
  5 35 establishing establish a three=year competitive grant program
  6  1 to assist in the development of five pilot household hazardous
  6  2 waste reduction and collection programs permanent household
  6  3 hazardous material regional collection centers and satellite
  6  4 facilities.
  6  5    b.  The grant program shall provide for the establishment of
  6  6 five pilot sites permanent collection facilities so that both
  6  7 rural and urban populations are served.
  6  8    c.  The department shall develop criteria to evaluate
  6  9 proposals for the establishment of sites permanent collection
  6 10 facilities. The criteria shall give priority to proposals
  6 11 for sites permanent collection facilities which provide the
  6 12 most efficient services and which provide local, public,
  6 13 and private contributions for establishment of the sites
  6 14  permanent collection facilities. The criteria shall also
  6 15 include a requirement that the recipient of a grant design and
  6 16 construct a facility sufficient for the collection, sorting,
  6 17 and packaging of materials prior to transportation of the
  6 18 materials to the final disposal site. Final review of design
  6 19 and construction of the proposed facilities shall be by the
  6 20 department.
  6 21    d.  The recipients of grants shall provide for collection
  6 22 of hazardous wastes from conditionally exempt small
  6 23 quantity generators in the area of the facility established.
  6 24 The facility shall require payment for collection from
  6 25 conditionally exempt small quantity generators if the amount
  6 26 of waste disposed is greater than ten pounds. Conditionally
  6 27 exempt small quantity generators which deliver their hazardous
  6 28 wastes to the site a permanent collection facility shall not be
  6 29 required to obtain a permit to transport the hazardous waste to
  6 30 the site permanent collection facility.
  6 31    3.  2.  A private agency An owner or operator of a collection
  6 32 facility which provides for the collection and disposal of
  6 33 household hazardous waste materials as part of an approved
  6 34 comprehensive plan pursuant to section 455B.306 shall be
  6 35 eligible for reimbursement moneys pursuant to section 455E.11,
  7  1 subsection 2, paragraph "a", subparagraph (2), subparagraph
  7  2 division (e).  The department shall develop eligibility
  7  3 criteria for the receipt of such reimbursement moneys.
  7  4    Sec. 10.  Section 455F.9, Code 2016, is amended to read as
  7  5 follows:
  7  6    455F.9  Education Public information and education program.
  7  7    In addition to the toxic cleanup days program, the The
  7  8  department shall implement a public information and education
  7  9 program regarding the use and disposal proper management of
  7 10 household hazardous materials. The program shall provide
  7 11 appropriate information concerning the reduction in use of
  7 12 the materials, including the purchase of smaller quantities,
  7 13 selection of alternative products, and hazards associated with
  7 14 the use of unregistered and unregulated alternative products
  7 15  proper disposal. The department shall also develop and provide
  7 16 to a retailer upon request, at departmental expense, consumer
  7 17 brochures which provide information about household hazardous
  7 18 materials. The retailer shall distribute the brochures
  7 19 without charge to customers upon request. The department shall
  7 20 cooperate with existing educational institutions, the household
  7 21 product industry, distributors, wholesalers, and retailers,
  7 22 and other agencies of government and shall enlist the support
  7 23 of service organizations, whenever possible, in promoting and
  7 24 conducting the programs program in order to effectuate the
  7 25 household hazardous materials policy of the state.
  7 26    Sec. 11.  REPEAL.  Sections 455F.4, 455F.8B, and 455F.11,
  7 27 Code 2016, are repealed.
  7 28                           EXPLANATION
  7 29 The inclusion of this explanation does not constitute agreement with
  7 30 the explanation's substance by the members of the general assembly.
  7 31    This bill makes several amendments to Code chapters 455E,
  7 32 the "Groundwater Protection Act", and 455F relating to
  7 33 household hazardous waste.
  7 34    The bill removes several references to allocations from the
  7 35 solid waste account and the household hazardous waste account
  8  1 of the groundwater protection fund for fiscal years 2005, 2006,
  8  2 and 2007. The bill replaces the term "household hazardous
  8  3 waste" with "household hazardous materials" and removes toxic
  8  4 cleanup days as a possible use of funding from the solid waste
  8  5 account.
  8  6    Currently, the department of natural resources is required
  8  7 to file two separate reports with the general assembly
  8  8 regarding its program activities and budget. The bill modifies
  8  9 the requirements to require the same information be provided
  8 10 in one report.
  8 11    The bill removes the definition for the term "display
  8 12 area label" from Code section 455F.1, because the term is
  8 13 not used in the Code chapter. The bill repeals Code section
  8 14 455F.4, which requires businesses to display education booklets
  8 15 developed by the department of natural resources about the use
  8 16 and disposal of household hazardous materials and moves that
  8 17 requirement to Code section 455F.9. The bill defines the terms
  8 18 "regional collection center" and "satellite facility", and
  8 19 modifies the definition of "household hazardous material". The
  8 20 bill replaces the directives to the environmental protection
  8 21 commission in Code chapter 455F to adopt specific rules with a
  8 22 general authority to adopt rules that implement the programs
  8 23 established in the Code chapter. The bill also removes a
  8 24 specific duty of the department to create a list of dangerous
  8 25 household products.
  8 26    The bill amends Code sections 455F.8 and 455F.8A dealing
  8 27 with the household hazardous waste cleanup program to remove
  8 28 references to toxic cleanup days and reflect usage of the terms
  8 29 "regional collection centers" and "satellite facilities" as
  8 30 defined in the bill. The bill repeals Code section 455F.11,
  8 31 which establishes a grant program for recycling projects.
  8 32 Recycling projects which are eligible for these grants can be
  8 33 funded through the department's solid waste alternative program
  8 34 established in Code section 455E.11.
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