Bill Text: IA SF2181 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to the funding and operation of programs to collect and dispose of household hazardous materials. (Formerly SSB 3045.) Effective 7-1-16.
Sponsorship: Committee Bill
Status: (Passed) 2016-03-23 - Signed by Governor. S.J. 589. [SF2181 Detail]
Download: Iowa-2015-SF2181-Enrolled.html
Senate File 2181 - Enrolled
SENATE FILE
BY COMMITTEE ON NATURAL
RESOURCES AND
ENVIRONMENT
(SUCCESSOR TO SSB
3045)
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A BILL FOR
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Senate File 2181
AN ACT
RELATING TO THE FUNDING AND OPERATION OF PROGRAMS TO COLLECT
AND DISPOSE OF HOUSEHOLD HAZARDOUS MATERIALS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 455E.11, subsection 2, paragraph a,
subparagraph (2), subparagraph divisions (d), (e), and (f),
Code 2016, are amended to read as follows:
(d) For the fiscal year beginning July 1, 2005, nine and
one=half percent to the department to establish permanent
household hazardous waste collection sites so that both
urban and rural populations are served and so that collection
services are available to the public on a regular basis.
Beginning July 1, 2006, six and one=quarter percent to the
department to establish permanent household hazardous waste
collection sites so that both urban and rural populations are
served and so that collection services are available to the
public on a regular basis. Beginning July 1, 2007, three Three
percent to the department to establish permanent household
hazardous waste materials collection sites so that both
urban and rural populations are served and so that collection
services are available to the public on a regular basis.
Beginning July 1, 2008, any moneys collected pursuant to this
subparagraph division that remain unexpended at the end of a
fiscal year for establishment of permanent household hazardous
waste materials collection sites shall be used for purposes of
subparagraph division (e).
(e) For the fiscal year beginning July 1, 2005, three
percent to the department for payment of transportation costs
related to household hazardous waste collection programs.
Beginning July 1, 2006, six and one=quarter percent to the
department for payment of transportation costs related to
household hazardous waste collection programs. Beginning July
1, 2007, nine Nine and one=half percent to the department for
payment of transportation collection and disposal costs related
to household hazardous waste materials collection programs.
(f) Eight and one=half percent to the department to
provide additional toxic cleanup days support special
events for household hazardous materials collection or other
efforts of the department to support the household hazardous
materials program, permanent household hazardous material
collection systems and special events for household hazardous
material collection, and for the natural resource geographic
information system required under section 455E.8, subsection 4.
Departmental rules adopted for implementation of toxic cleanup
days shall provide sufficient flexibility to respond to the
household hazardous material collection needs of both small and
large communities. Repayment moneys from the Iowa business
loan program for waste reduction and recycling pursuant to
section 455B.310, subsection 2, paragraph "b", Code 1993, and
discontinued pursuant to 1993 Iowa Acts, ch. 176, {45, shall
be placed into this account to support household hazardous
materials programs of the department.
Sec. 2. Section 455E.11, subsection 2, paragraph c,
subparagraphs (1) and (2), Code 2016, are amended to read as
follows:
(1) The moneys collected pursuant to section 455F.7
and moneys collected pursuant to section 29C.8A which are
designated for deposit, shall be deposited in the household
hazardous waste account. Two thousand dollars is appropriated
annually to the Iowa department of public health to carry
out departmental duties under section 135.11, subsections 18
and 19, and section 139A.21. The remainder of the account
shall be used to fund toxic cleanup days and the efforts of
the department to support a collection system for household
hazardous materials, including public education programs,
training, and consultation of local governments in the
establishment and operation of permanent collection systems,
and the management of collection sites, education programs,
and other activities pursuant to chapter 455F, including the
administration of the household hazardous materials retailer
permit program by the department of revenue.
(2) The department shall submit to the general assembly,
annually on or before January 1, an itemized report which
includes but is not limited to the total amount of moneys
collected and the sources of the moneys collected, the amount
of moneys expended for administration of the programs funded
within the account, results of the efforts of the department to
support a collection system for household hazardous materials
pursuant to chapter 455F, and an itemization of any other
expenditures made within the previous fiscal year.
Sec. 3. Section 455F.1, subsection 3, Code 2016, is amended
by striking the subsection.
Sec. 4. Section 455F.1, subsection 4, Code 2016, is amended
to read as follows:
4. "Household hazardous material" means a product used for
residential purposes and designated by rule of the department
of natural resources and may include any hazardous substance as
defined in section 455B.411, subsection 2; and any hazardous
waste as defined in section 455B.411, subsection 3; and shall
include but is not limited to the following materials: motor
oils, motor oil filters, gasoline and diesel additives,
degreasers, waxes, polishes, pure solvents, lacquers, thinners,
caustic household cleaners, spot and stain remover with
petroleum base, petroleum=based fertilizers, and paints with
the exception of latex=based paints. However, "household
hazardous material" does not include noncaustic household
cleaners, laundry detergents or soaps, dishwashing compounds,
chlorine bleach, personal care products, personal care soaps,
cosmetics, and medications.
Sec. 5. Section 455F.1, Code 2016, is amended by adding the
following new subsections:
NEW SUBSECTION. 5A. "Regional collection center" means a
secured facility at which collection, sorting, and packaging
of household hazardous materials and hazardous materials from
conditionally exempt small quantity generators are accomplished
prior to transportation of these materials to the final
disposal site. Regional collection centers have regular hours
during which the public may drop off hazardous materials. A
regional collection center may be a government agency or a
private agency under contract with a government agency as part
of a solid waste comprehensive plan.
NEW SUBSECTION. 7A. "Satellite facility" means a secured
facility at which collection and storage of household
hazardous materials and hazardous materials from conditionally
exempt small quantity generators are accomplished prior to
transportation of these materials to a regional collection
center. A satellite facility has a written contract with
a regional collection center for the removal of collected
household hazardous materials. A satellite facility may be
operated by a government agency or a private agency under
contract with a government agency as part of a solid waste
comprehensive plan. A satellite facility is available for
public drop off of household hazardous materials either during
regularly scheduled hours or by appointment.
Sec. 6. Section 455F.5, Code 2016, is amended to read as
follows:
455F.5 Duties of the commission Rules.
The commission shall:
1. Adopt rules which establish a uniform label to be
supplied and used by retailers.
2. Adopt rules which designate the type and amount of
information to be included in the consumer information booklets
and bulletins adopt rules to implement the programs established
pursuant to this chapter.
Sec. 7. Section 455F.6, subsection 3, Code 2016, is amended
by striking the subsection.
Sec. 8. Section 455F.8, Code 2016, is amended to read as
follows:
455F.8 Household hazardous waste cleanup materials program
created.
The department shall conduct programs to collect and dispose
of small amounts promote the proper management of household
hazardous wastes which are being stored in residences or on
farms materials collected from residents and conditionally
exempt small quantity generators. The program shall be known
as "toxic cleanup days". The department shall promote and
conduct the program and shall by contract with a qualified and
bonded waste handling company, collect and properly dispose
of wastes believed by the person disposing of the waste to be
hazardous. The department shall establish maximum amounts
of hazardous wastes to be accepted from a person during the
toxic cleanup days program. Amounts accepted from a person
above the maximum shall be limited by the department and may
be subject to a fee set by the department, but the department
shall not assess a fee for amounts accepted below the maximum
amount. The department shall designate the times and dates
for the collection of wastes. In order to achieve the maximum
benefit from the program, the department shall offer toxic
cleanup days on a statewide basis and provide at least one
toxic cleanup day in each departmental region. Toxic cleanup
days shall be offered in both rural and urban areas to provide
a comparison of response levels and to test the viability of
multicounty toxic cleanup days. The department shall prepare
an annual report citing the results and costs of the program
for submittal to the general assembly.
Sec. 9. Section 455F.8A, Code 2016, is amended to read as
follows:
455F.8A Household hazardous material collection sites
regional collection centers and satellite facilities.
1. By January 1, 1991, the department shall complete an
assessment of the needs of local governments for temporary
collection sites for household hazardous materials. Upon
completion of the assessment, the department shall design
a model facility which would adequately serve the needs
identified. During the design phase, the department shall also
identify facility permit requirements.
2. a. Following the completion of the assessment and design
of the model facility, the The department shall set a goal of
establishing establish a three=year competitive grant program
to assist in the development of five pilot household hazardous
waste reduction and collection programs permanent household
hazardous material regional collection centers and satellite
facilities.
b. The grant program shall provide for the establishment of
five pilot sites permanent collection facilities so that both
rural and urban populations are served.
c. The department shall develop criteria to evaluate
proposals for the establishment of sites permanent collection
facilities. The criteria shall give priority to proposals
for sites permanent collection facilities which provide the
most efficient services and which provide local, public,
and private contributions for establishment of the sites
permanent collection facilities. The criteria shall also
include a requirement that the recipient of a grant design and
construct a facility sufficient for the collection, sorting,
and packaging of materials prior to transportation of the
materials to the final disposal site. Final review of design
and construction of the proposed facilities shall be by the
department.
d. The recipients of grants shall provide for collection
of hazardous wastes from conditionally exempt small
quantity generators in the area of the facility established.
The facility shall require payment for collection from
conditionally exempt small quantity generators if the amount
of waste disposed is greater than ten pounds. Conditionally
exempt small quantity generators which deliver their hazardous
wastes to the site a permanent collection facility shall not be
required to obtain a permit to transport the hazardous waste to
the site permanent collection facility.
3. 2. A private agency An owner or operator of a collection
facility which provides for the collection and disposal of
household hazardous waste materials as part of an approved
comprehensive plan pursuant to section 455B.306 shall be
eligible for reimbursement moneys pursuant to section 455E.11,
subsection 2, paragraph "a", subparagraph (2), subparagraph
division (e). The department shall develop eligibility
criteria for the receipt of such reimbursement moneys.
Sec. 10. Section 455F.9, Code 2016, is amended to read as
follows:
455F.9 Education Public information and education program.
In addition to the toxic cleanup days program, the The
department shall implement a public information and education
program regarding the use and disposal proper management of
household hazardous materials. The program shall provide
appropriate information concerning the reduction in use of
the materials, including the purchase of smaller quantities,
selection of alternative products, and hazards associated with
the use of unregistered and unregulated alternative products
proper disposal. The department shall also develop and provide
to a retailer upon request, at departmental expense, consumer
brochures which provide information about household hazardous
materials. The retailer shall distribute the brochures
without charge to customers upon request. The department shall
cooperate with existing educational institutions, the household
product industry, distributors, wholesalers, and retailers,
and other agencies of government and shall enlist the support
of service organizations, whenever possible, in promoting and
conducting the programs program in order to effectuate the
household hazardous materials policy of the state.
Sec. 11. REPEAL. Sections 455F.4, 455F.8B, and 455F.11,
Code 2016, are repealed.
PAM JOCHUM
President of the Senate
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2181, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2016
TERRY E. BRANSTAD
Governor
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