Bill Text: IA HSB609 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill relating to the funding and operation of programs to collect and dispose of household hazardous materials.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-17 - Voted - Natural Resources. [HSB609 Detail]
Download: Iowa-2015-HSB609-Introduced.html
House
Study
Bill
609
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
NATURAL
RESOURCES
BILL)
A
BILL
FOR
An
Act
relating
to
the
funding
and
operation
of
programs
to
1
collect
and
dispose
of
household
hazardous
materials.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
455E.11,
subsection
2,
paragraph
a,
1
subparagraph
(2),
subparagraph
divisions
(d),
(e),
and
(f),
2
Code
2016,
are
amended
to
read
as
follows:
3
(d)
For
the
fiscal
year
beginning
July
1,
2005,
nine
and
4
one-half
percent
to
the
department
to
establish
permanent
5
household
hazardous
waste
collection
sites
so
that
both
6
urban
and
rural
populations
are
served
and
so
that
collection
7
services
are
available
to
the
public
on
a
regular
basis.
8
Beginning
July
1,
2006,
six
and
one-quarter
percent
to
the
9
department
to
establish
permanent
household
hazardous
waste
10
collection
sites
so
that
both
urban
and
rural
populations
are
11
served
and
so
that
collection
services
are
available
to
the
12
public
on
a
regular
basis.
Beginning
July
1,
2007,
three
Three
13
percent
to
the
department
to
establish
permanent
household
14
hazardous
waste
materials
collection
sites
so
that
both
15
urban
and
rural
populations
are
served
and
so
that
collection
16
services
are
available
to
the
public
on
a
regular
basis.
17
Beginning
July
1,
2008,
any
moneys
collected
pursuant
to
this
18
subparagraph
division
that
remain
unexpended
at
the
end
of
a
19
fiscal
year
for
establishment
of
permanent
household
hazardous
20
waste
materials
collection
sites
shall
be
used
for
purposes
of
21
subparagraph
division
(e).
22
(e)
For
the
fiscal
year
beginning
July
1,
2005,
three
23
percent
to
the
department
for
payment
of
transportation
costs
24
related
to
household
hazardous
waste
collection
programs.
25
Beginning
July
1,
2006,
six
and
one-quarter
percent
to
the
26
department
for
payment
of
transportation
costs
related
to
27
household
hazardous
waste
collection
programs.
Beginning
July
28
1,
2007,
nine
Nine
and
one-half
percent
to
the
department
for
29
payment
of
transportation
collection
and
disposal
costs
related
30
to
household
hazardous
waste
materials
collection
programs.
31
(f)
Eight
and
one-half
percent
to
the
department
to
32
provide
additional
toxic
cleanup
days
support
special
33
events
for
household
hazardous
materials
collection
or
other
34
efforts
of
the
department
to
support
the
household
hazardous
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materials
program,
permanent
household
hazardous
material
1
collection
systems
and
special
events
for
household
hazardous
2
material
collection
,
and
for
the
natural
resource
geographic
3
information
system
required
under
section
455E.8,
subsection
4
.
4
Departmental
rules
adopted
for
implementation
of
toxic
cleanup
5
days
shall
provide
sufficient
flexibility
to
respond
to
the
6
household
hazardous
material
collection
needs
of
both
small
and
7
large
communities.
Repayment
moneys
from
the
Iowa
business
8
loan
program
for
waste
reduction
and
recycling
pursuant
to
9
section
455B.310,
subsection
2
,
paragraph
“b”
,
Code
1993,
and
10
discontinued
pursuant
to
1993
Iowa
Acts,
ch.
176,
§45,
shall
11
be
placed
into
this
account
to
support
household
hazardous
12
materials
programs
of
the
department.
13
Sec.
2.
Section
455E.11,
subsection
2,
paragraph
c,
14
subparagraphs
(1)
and
(2),
Code
2016,
are
amended
to
read
as
15
follows:
16
(1)
The
moneys
collected
pursuant
to
section
455F.7
17
and
moneys
collected
pursuant
to
section
29C.8A
which
are
18
designated
for
deposit,
shall
be
deposited
in
the
household
19
hazardous
waste
account.
Two
thousand
dollars
is
appropriated
20
annually
to
the
Iowa
department
of
public
health
to
carry
21
out
departmental
duties
under
section
135.11,
subsections
18
22
and
19
,
and
section
139A.21
.
The
remainder
of
the
account
23
shall
be
used
to
fund
toxic
cleanup
days
and
the
efforts
of
24
the
department
to
support
a
collection
system
for
household
25
hazardous
materials,
including
public
education
programs,
26
training,
and
consultation
of
local
governments
in
the
27
establishment
and
operation
of
permanent
collection
systems,
28
and
the
management
of
collection
sites,
education
programs,
29
and
other
activities
pursuant
to
chapter
455F
,
including
the
30
administration
of
the
household
hazardous
materials
retailer
31
permit
program
by
the
department
of
revenue.
32
(2)
The
department
shall
submit
to
the
general
assembly,
33
annually
on
or
before
January
1,
an
itemized
report
which
34
includes
but
is
not
limited
to
the
total
amount
of
moneys
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collected
and
the
sources
of
the
moneys
collected,
the
amount
1
of
moneys
expended
for
administration
of
the
programs
funded
2
within
the
account,
results
of
the
efforts
of
the
department
to
3
support
a
collection
system
for
household
hazardous
materials
4
pursuant
to
chapter
455F,
and
an
itemization
of
any
other
5
expenditures
made
within
the
previous
fiscal
year.
6
Sec.
3.
Section
455F.1,
subsection
3,
Code
2016,
is
amended
7
by
striking
the
subsection.
8
Sec.
4.
Section
455F.1,
subsection
4,
Code
2016,
is
amended
9
to
read
as
follows:
10
4.
“Household
hazardous
material”
means
a
product
used
for
11
residential
purposes
and
designated
by
rule
of
the
department
12
of
natural
resources
and
may
include
any
hazardous
substance
as
13
defined
in
section
455B.411,
subsection
2
;
and
any
hazardous
14
waste
as
defined
in
section
455B.411,
subsection
3
;
and
shall
15
include
but
is
not
limited
to
the
following
materials:
motor
16
oils,
motor
oil
filters,
gasoline
and
diesel
additives,
17
degreasers,
waxes,
polishes,
pure
solvents,
lacquers,
thinners,
18
caustic
household
cleaners,
spot
and
stain
remover
with
19
petroleum
base,
petroleum-based
fertilizers,
and
paints
with
20
the
exception
of
latex-based
paints
.
However,
“household
21
hazardous
material”
does
not
include
noncaustic
household
22
cleaners,
laundry
detergents
or
soaps,
dishwashing
compounds,
23
chlorine
bleach,
personal
care
products,
personal
care
soaps,
24
cosmetics,
and
medications.
25
Sec.
5.
Section
455F.1,
Code
2016,
is
amended
by
adding
the
26
following
new
subsections:
27
NEW
SUBSECTION
.
5A.
“Regional
collection
center”
means
a
28
secured
facility
at
which
collection,
sorting,
and
packaging
29
of
household
hazardous
materials
and
hazardous
materials
from
30
conditionally
exempt
small
quantity
generators
are
accomplished
31
prior
to
transportation
of
these
materials
to
the
final
32
disposal
site.
Regional
collection
centers
have
regular
hours
33
during
which
the
public
may
drop
off
hazardous
materials.
A
34
regional
collection
center
may
be
a
government
agency
or
a
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private
agency
under
contract
with
a
government
agency
as
part
1
of
a
solid
waste
comprehensive
plan.
2
NEW
SUBSECTION
.
7A.
“Satellite
facility”
means
a
secured
3
facility
at
which
collection
and
storage
of
household
4
hazardous
materials
and
hazardous
materials
from
conditionally
5
exempt
small
quantity
generators
are
accomplished
prior
to
6
transportation
of
these
materials
to
a
regional
collection
7
center.
A
satellite
facility
has
a
written
contract
with
8
a
regional
collection
center
for
the
removal
of
collected
9
household
hazardous
materials.
A
satellite
facility
may
be
10
operated
by
a
government
agency
or
a
private
agency
under
11
contract
with
a
government
agency
as
part
of
a
solid
waste
12
comprehensive
plan.
A
satellite
facility
is
available
for
13
public
drop
off
of
household
hazardous
materials
either
during
14
regularly
scheduled
hours
or
by
appointment.
15
Sec.
6.
Section
455F.5,
Code
2016,
is
amended
to
read
as
16
follows:
17
455F.5
Duties
of
the
commission
Rules
.
18
The
commission
shall
:
19
1.
Adopt
rules
which
establish
a
uniform
label
to
be
20
supplied
and
used
by
retailers.
21
2.
Adopt
rules
which
designate
the
type
and
amount
of
22
information
to
be
included
in
the
consumer
information
booklets
23
and
bulletins
adopt
rules
to
implement
the
programs
established
24
pursuant
to
this
chapter
.
25
Sec.
7.
Section
455F.6,
subsection
3,
Code
2016,
is
amended
26
by
striking
the
subsection.
27
Sec.
8.
Section
455F.8,
Code
2016,
is
amended
to
read
as
28
follows:
29
455F.8
Household
hazardous
waste
cleanup
materials
program
30
created.
31
The
department
shall
conduct
programs
to
collect
and
dispose
32
of
small
amounts
promote
the
proper
management
of
household
33
hazardous
wastes
which
are
being
stored
in
residences
or
on
34
farms
materials
collected
from
residents
and
conditionally
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exempt
small
quantity
generators
.
The
program
shall
be
known
1
as
“toxic
cleanup
days”.
The
department
shall
promote
and
2
conduct
the
program
and
shall
by
contract
with
a
qualified
and
3
bonded
waste
handling
company,
collect
and
properly
dispose
4
of
wastes
believed
by
the
person
disposing
of
the
waste
to
be
5
hazardous.
The
department
shall
establish
maximum
amounts
6
of
hazardous
wastes
to
be
accepted
from
a
person
during
the
7
toxic
cleanup
days
program.
Amounts
accepted
from
a
person
8
above
the
maximum
shall
be
limited
by
the
department
and
may
9
be
subject
to
a
fee
set
by
the
department,
but
the
department
10
shall
not
assess
a
fee
for
amounts
accepted
below
the
maximum
11
amount.
The
department
shall
designate
the
times
and
dates
12
for
the
collection
of
wastes.
In
order
to
achieve
the
maximum
13
benefit
from
the
program,
the
department
shall
offer
toxic
14
cleanup
days
on
a
statewide
basis
and
provide
at
least
one
15
toxic
cleanup
day
in
each
departmental
region.
Toxic
cleanup
16
days
shall
be
offered
in
both
rural
and
urban
areas
to
provide
17
a
comparison
of
response
levels
and
to
test
the
viability
of
18
multicounty
toxic
cleanup
days.
The
department
shall
prepare
19
an
annual
report
citing
the
results
and
costs
of
the
program
20
for
submittal
to
the
general
assembly.
21
Sec.
9.
Section
455F.8A,
Code
2016,
is
amended
to
read
as
22
follows:
23
455F.8A
Household
hazardous
material
collection
sites
24
regional
collection
centers
and
satellite
facilities
.
25
1.
By
January
1,
1991,
the
department
shall
complete
an
26
assessment
of
the
needs
of
local
governments
for
temporary
27
collection
sites
for
household
hazardous
materials.
Upon
28
completion
of
the
assessment,
the
department
shall
design
29
a
model
facility
which
would
adequately
serve
the
needs
30
identified.
During
the
design
phase,
the
department
shall
also
31
identify
facility
permit
requirements.
32
2.
a.
Following
the
completion
of
the
assessment
and
design
33
of
the
model
facility,
the
The
department
shall
set
a
goal
of
34
establishing
establish
a
three-year
competitive
grant
program
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to
assist
in
the
development
of
five
pilot
household
hazardous
1
waste
reduction
and
collection
programs
permanent
household
2
hazardous
material
regional
collection
centers
and
satellite
3
facilities
.
4
b.
The
grant
program
shall
provide
for
the
establishment
of
5
five
pilot
sites
permanent
collection
facilities
so
that
both
6
rural
and
urban
populations
are
served.
7
c.
The
department
shall
develop
criteria
to
evaluate
8
proposals
for
the
establishment
of
sites
permanent
collection
9
facilities
.
The
criteria
shall
give
priority
to
proposals
10
for
sites
permanent
collection
facilities
which
provide
the
11
most
efficient
services
and
which
provide
local,
public,
12
and
private
contributions
for
establishment
of
the
sites
13
permanent
collection
facilities
.
The
criteria
shall
also
14
include
a
requirement
that
the
recipient
of
a
grant
design
and
15
construct
a
facility
sufficient
for
the
collection,
sorting,
16
and
packaging
of
materials
prior
to
transportation
of
the
17
materials
to
the
final
disposal
site.
Final
review
of
design
18
and
construction
of
the
proposed
facilities
shall
be
by
the
19
department.
20
d.
The
recipients
of
grants
shall
provide
for
collection
21
of
hazardous
wastes
from
conditionally
exempt
small
22
quantity
generators
in
the
area
of
the
facility
established.
23
The
facility
shall
require
payment
for
collection
from
24
conditionally
exempt
small
quantity
generators
if
the
amount
25
of
waste
disposed
is
greater
than
ten
pounds.
Conditionally
26
exempt
small
quantity
generators
which
deliver
their
hazardous
27
wastes
to
the
site
a
permanent
collection
facility
shall
not
be
28
required
to
obtain
a
permit
to
transport
the
hazardous
waste
to
29
the
site
permanent
collection
facility
.
30
3.
2.
A
private
agency
An
owner
or
operator
of
a
collection
31
facility
which
provides
for
the
collection
and
disposal
of
32
household
hazardous
waste
materials
as
part
of
an
approved
33
comprehensive
plan
pursuant
to
section
455B.306
shall
be
34
eligible
for
reimbursement
moneys
pursuant
to
section
455E.11,
35
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subsection
2
,
paragraph
“a”
,
subparagraph
(2),
subparagraph
1
division
(e).
The
department
shall
develop
eligibility
criteria
2
for
the
receipt
of
such
reimbursement
moneys.
3
Sec.
10.
Section
455F.9,
Code
2016,
is
amended
to
read
as
4
follows:
5
455F.9
Education
Public
information
and
education
program.
6
In
addition
to
the
toxic
cleanup
days
program,
the
The
7
department
shall
implement
a
public
information
and
education
8
program
regarding
the
use
and
disposal
proper
management
of
9
household
hazardous
materials.
The
program
shall
provide
10
appropriate
information
concerning
the
reduction
in
use
of
11
the
materials,
including
the
purchase
of
smaller
quantities,
12
selection
of
alternative
products,
and
hazards
associated
with
13
the
use
of
unregistered
and
unregulated
alternative
products
14
proper
disposal.
The
department
shall
also
develop
and
provide
15
to
a
retailer
upon
request,
at
departmental
expense,
consumer
16
brochures
which
provide
information
about
household
hazardous
17
materials.
The
retailer
shall
distribute
the
brochures
18
without
charge
to
customers
upon
request
.
The
department
shall
19
cooperate
with
existing
educational
institutions,
the
household
20
product
industry,
distributors,
wholesalers,
and
retailers,
21
and
other
agencies
of
government
and
shall
enlist
the
support
22
of
service
organizations,
whenever
possible,
in
promoting
and
23
conducting
the
programs
program
in
order
to
effectuate
the
24
household
hazardous
materials
policy
of
the
state.
25
Sec.
11.
REPEAL.
Sections
455F.4,
455F.8B,
and
455F.11,
26
Code
2016,
are
repealed.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
makes
several
amendments
to
Code
chapters
455E,
31
the
“Groundwater
Protection
Act”,
and
455F
relating
to
32
household
hazardous
waste.
33
The
bill
removes
several
references
to
allocations
from
the
34
solid
waste
account
and
the
household
hazardous
waste
account
35
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8
S.F.
_____
H.F.
_____
of
the
groundwater
protection
fund
for
fiscal
years
2005,
2006,
1
and
2007.
The
bill
replaces
the
term
“household
hazardous
2
waste”
with
“household
hazardous
materials”
and
removes
toxic
3
cleanup
days
as
a
possible
use
of
funding
from
the
solid
waste
4
account.
5
Currently,
the
department
of
natural
resources
is
required
6
to
file
two
separate
reports
with
the
general
assembly
7
regarding
its
program
activities
and
budget.
The
bill
modifies
8
the
requirements
to
require
the
same
information
be
provided
9
in
one
report.
10
The
bill
removes
the
definition
for
the
term
“display
11
area
label”
from
Code
section
455F.1,
because
the
term
is
12
not
used
in
the
Code
chapter.
The
bill
repeals
Code
section
13
455F.4,
which
requires
businesses
to
display
education
booklets
14
developed
by
the
department
of
natural
resources
about
the
use
15
and
disposal
of
household
hazardous
materials
and
moves
that
16
requirement
to
Code
section
455F.9.
The
bill
defines
the
terms
17
“regional
collection
center”
and
“satellite
facility”,
and
18
modifies
the
definition
of
“household
hazardous
material”.
The
19
bill
replaces
the
directives
to
the
environmental
protection
20
commission
in
Code
chapter
455F
to
adopt
specific
rules
with
a
21
general
authority
to
adopt
rules
that
implement
the
programs
22
established
in
the
Code
chapter.
The
bill
also
removes
a
23
specific
duty
of
the
department
to
create
a
list
of
dangerous
24
household
products.
25
The
bill
amends
Code
sections
455F.8
and
455F.8A
dealing
26
with
the
household
hazardous
waste
cleanup
program
to
remove
27
references
to
toxic
cleanup
days
and
reflect
usage
of
the
terms
28
“regional
collection
centers”
and
“satellite
facilities”
as
29
defined
in
the
bill.
The
bill
repeals
Code
section
455F.11,
30
which
establishes
a
grant
program
for
recycling
projects.
31
Recycling
projects
which
are
eligible
for
these
grants
can
be
32
funded
through
the
department’s
solid
waste
alternative
program
33
established
in
Code
section
455E.11.
34
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