Bill Text: IA SF273 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the solid waste environmental management systems program and beautification grants. (Formerly SSB 1027.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2017-04-03 - Withdrawn. S.J. 852. [SF273 Detail]

Download: Iowa-2017-SF273-Introduced.html

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Senate File 273 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON NATURAL
                                     RESOURCES AND
                                     ENVIRONMENT

                                 (SUCCESSOR TO SSB
                                     1027)

                                 (COMPANION TO HF 202
                                     BY COMMITTEE ON
                                     ENVIRONMENTAL
                                     PROTECTION)

                                      A BILL FOR

  1 An Act relating to the solid waste environmental management
  2    systems program and beautification grants.
  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 (1), subparagraph division (a), Code 2017, is
  1  3 amended by striking the subparagraph division.
  1  4    Sec. 2.  Section 455E.11, subsection 2, paragraph a,
  1  5 subparagraph (1), subparagraph division (e), Code 2017, is
  1  6 amended to read as follows:
  1  7    (e)  Not more than four hundred thousand dollars to the
  1  8 department for purposes of providing funding assistance
  1  9 to eligible communities to address abandoned buildings by
  1 10 promoting waste abatement, diversion, selective dismantlement
  1 11 of building components, and recycling. Eligible communities
  1 12 include a city with a population of five thousand or fewer.
  1 13 Eligible costs for program assistance include but are not
  1 14 limited to asbestos and other hazardous material abatement and
  1 15 removal, the recovery processing of recyclable or reusable
  1 16 material through the selective dismantlement of abandoned
  1 17 buildings, and reimbursement for purchased recycled content
  1 18 materials used in the renovation of buildings. For projects
  1 19 that support community beautification, the department may elect
  1 20 to administer funding to eligible communities in collaboration
  1 21 with the organization awarded the beautification grant in
  1 22 accordance with subparagraph division (a), subparagraph
  1 23 subdivision (i).
  1 24    Sec. 3.  Section 455J.1, subsection 2, paragraph a, Code
  1 25 2017, is amended to read as follows:
  1 26    a.  The policy of responsible environmental management
  1 27 can be furthered by rewarding solid waste disposal projects
  1 28  planning and service areas that operate in an innovative,
  1 29 cost=effective, technologically advanced, and environmentally
  1 30 sensitive manner.
  1 31    Sec. 4.  Section 455J.2, subsection 2, Code 2017, is amended
  1 32 by striking the subsection.
  1 33    Sec. 5.  Section 455J.2, subsection 5, Code 2017, is amended
  1 34 to read as follows:
  1 35    5.  "Environmental management system" or "system" means a
  2  1 solid waste planning or service area which has been designated
  2  2 as an environmental management system pursuant to section
  2  3 455J.7. "Environmental management system" includes a planning
  2  4 or service area designated as an environmental management
  2  5 system that is providing multiple environmental services
  2  6 in addition to solid waste disposal and that is planning
  2  7 for the continuous improvement of solid waste management by
  2  8 appropriately and aggressively mitigating the environmental
  2  9 impacts of solid waste disposal.
  2 10    Sec. 6.  Section 455J.3, Code 2017, is amended to read as
  2 11 follows:
  2 12    455J.3  Environmental management system designation
  2 13 requirements.
  2 14    To qualify for designation as an environmental management
  2 15 system pursuant to section 455J.7, a solid waste planning or
  2 16 service area shall actively pursue all of the following:
  2 17    1.  Yard Organics waste management.  Provide for the
  2 18 operation of a yard an organics waste management program or
  2 19 contract with provide support to another party to do so.
  2 20    2.  Hazardous household waste materials collection.  Provide
  2 21 for the proper management and disposal of hazardous household
  2 22 waste materials by operating a regional collection center or
  2 23 participating in a regional collection center network. The
  2 24 regional collection center shall provide for the collection and
  2 25 disposal of hazardous household wastes materials, including
  2 26 but not limited to paint, pesticides, batteries, automotive
  2 27 products, sharps, needles and syringes, and pool chemicals.
  2 28 The regional collection center shall encourage the reuse of
  2 29 any materials for which reuse is possible and may educate
  2 30 households on the use of safer alternatives through efforts
  2 31 designed to increase public participation and to increase the
  2 32 participation of local government entities not currently in a
  2 33 network. Regional collection centers may also provide for the
  2 34 assessment of current educational programs by examining changes
  2 35 in consumer behavior.
  3  1    3.  Water quality improvement.  Provide for a water quality
  3  2 improvement program within the system's planning or service
  3  3  area. Such a program may include offering educational
  3  4 programs, sponsoring awareness initiatives, providing for
  3  5 cleanup activities such as the cleanup of illegal dumping
  3  6 areas, and otherwise promoting responsible environmental
  3  7 behavior.
  3  8    4.  Greenhouse gas reduction.  Implement a greenhouse gas
  3  9 reduction program designed to prevent the release of greenhouse
  3 10 gases into the atmosphere. Such a program may include but is
  3 11 not limited to the following activities:
  3 12    a.  Generating electricity or producing other fuels through
  3 13 the collection of landfill gas, such as a methane gas recovery
  3 14 or minimization system.
  3 15    b.  Collecting and managing food and other organic waste from
  3 16 households and from industrial and commercial establishments,
  3 17 or attempting to recover energy from the reuse of biomass.
  3 18    c.  Implementing programs that encourage the efficient use of
  3 19 energy and promote the use of renewable fuels.
  3 20    d.  Discouraging the uncontrolled burning of solid waste and
  3 21 yard waste.
  3 22    e.  Setting recycling goals to measure energy savings and
  3 23 quantify the level of success of greenhouse gas mitigation
  3 24 efforts.
  3 25    f.  Collection and recycling services targeted at waste
  3 26 generated by industrial and commercial facilities such as
  3 27 cardboard, paper, construction, and demolition waste.
  3 28    5.  Recycling services.
  3 29    a.  Offer recycling services for paper, glass, metal,
  3 30 and plastics within the communities served. In addition to
  3 31 offering recycling of paper, metal, glass, and plastics, a
  3 32 solid waste planning or service area may also offer recycling
  3 33 services for electronic waste, white goods, and tires.
  3 34    b.  Recycling services may also be targeted at waste
  3 35 generated by industrial and commercial facilities such as
  4  1 cardboard, paper, construction, and demolition waste.
  4  2    c.  Recycling services offered in an effort to meet the goals
  4  3 of this subsection may be provided through drop=off sites or
  4  4 through curbside recycling programs operated in conjunction
  4  5 with solid waste collection.
  4  6    6.  Environmental education.  Plan and implement programs
  4  7 educating the public on environmental stewardship. These
  4  8 programs may include components designed to prevent illegal
  4  9 dumping, reduce greenhouse gas emissions, improve water
  4 10 quality, reduce waste generation, increase recycling and reuse,
  4 11 or any other environmental objective that furthers the purpose
  4 12 and goals of this chapter.
  4 13    Sec. 7.  Section 455J.4, subsection 1, Code 2017, is amended
  4 14 to read as follows:
  4 15    1.  On September 1, 2009, and each year thereafter, each
  4 16 environmental management system shall submit to the department
  4 17 an annual report. The report shall document the system's
  4 18 compliance with the requirements of section 455J.3.
  4 19    Sec. 8.  Section 455J.5, Code 2017, is amended to read as
  4 20 follows:
  4 21    455J.5  Incentives.
  4 22    1.  A solid waste planning or service area designated as
  4 23 an environmental management system pursuant to section 455J.7
  4 24 shall qualify for all of the following:
  4 25    a.  An exemption from solid waste reduction goals imposed
  4 26 on sanitary landfills solid waste planning or service areas
  4 27  pursuant to section 455D.3.
  4 28    b.  A reduced tonnage fee of three dollars and sixty=five
  4 29 cents per ton, to be imposed as provided in section 455B.310,
  4 30 notwithstanding section 455B.310, subsection 2, of which two
  4 31 dollars and ten cents shall be remitted to the department.
  4 32    c.  Financial assistance as recommended by the council and
  4 33  approved by the commission pursuant to section 455J.7.
  4 34    2.  Notwithstanding any other provision of law to the
  4 35 contrary, in addition to the incentives in subsection 1,
  5  1 a solid waste planning or service area designated as an
  5  2 environmental management system is only required to file exempt
  5  3 from filing its updated comprehensive plan once every five
  5  4 years.
  5  5    Sec. 9.  Section 455J.7, Code 2017, is amended to read as
  5  6 follows:
  5  7    455J.7  Designation of environmental management systems.
  5  8    1.  Consideration of plans.  The council department shall
  5  9 consider solid waste management plans submitted by solid
  5 10 waste planning or service areas and make recommendations for
  5 11 designation as an environmental management system to the
  5 12 commission. All system designations recommended by the council
  5 13  department are subject to approval by the commission. Any
  5 14 solid waste planning or service area may submit a plan to the
  5 15 council department and seek designation as a system.
  5 16    a.  By October 1, 2008, the council shall recommend the
  5 17 designation of up to six initial qualifying solid waste
  5 18 planning areas as environmental management systems to serve
  5 19 as pilot projects. By October 1, 2009, and by the same date
  5 20  each year thereafter, the council department may recommend the
  5 21 designation of any additional planning or service areas as
  5 22 systems, provided those areas meet the requirements of section
  5 23 455J.3.
  5 24    b.  In recommending the designation of a planning or
  5 25 service area as a system, the council department shall make a
  5 26 determination as to whether the area meets the requirements of
  5 27 section 455J.3. The council department shall not recommend the
  5 28 designation of a planning or service area as a system unless
  5 29 the planning or service area meets the requirements of section
  5 30 455J.3.
  5 31    c.  The commission shall consider the plans submitted to the
  5 32 council department and shall review the council's department's
  5 33  recommendations on those plans. The commission shall approve
  5 34 or reject each plan and shall make publicly available its
  5 35 reasons for doing so.
  6  1    2.  System review.
  6  2    a.  By October January 1, 2009, and by the same date each
  6  3 year thereafter, the council department shall review the
  6  4 annual reports of all designated systems and determine whether
  6  5 those systems remain in compliance with section 455J.3. If
  6  6 the council department determines that a planning or service
  6  7  area is no longer in compliance, the council department may
  6  8 recommend to the commission the revocation of the planning or
  6  9 service area's system designation.
  6 10    b.  The council department may review and monitor the
  6 11 progress of those planning or service areas that have not
  6 12 been designated as a system and shall coordinate with other
  6 13 statewide boards, task forces, and other entities in order to
  6 14 achieve the goals and objectives of this chapter.
  6 15    3.  Allocation of funds.
  6 16    a.  The council department shall recommend to the commission
  6 17 a reasonable allocation of the moneys provided in section
  6 18 455E.11, subsection 2, paragraph "a", subparagraph (1),
  6 19 subparagraph division (d), to eligible systems. In making its
  6 20 recommendation as to the allocation of moneys, the council
  6 21  department shall adopt and use a set of reasonable criteria.
  6 22 The criteria shall conform to the goals and purposes of this
  6 23 chapter as described in section 455J.1 and shall be approved
  6 24 by the commission.
  6 25    b.  Notwithstanding any other provision of law to the
  6 26 contrary, the commission shall make a final allocation of the
  6 27 funds described in section 455E.11, subsection 2, paragraph
  6 28 "a", subparagraph (1), subparagraph division (d), to systems
  6 29 meeting the requirements of this chapter.
  6 30    c.  Moneys allocated pursuant to this subsection shall
  6 31 be used by systems to further compliance with any of the
  6 32 requirements of section 455J.3 this chapter.
  6 33    4.  The department shall prepare an annual report citing
  6 34 the results and costs of the program for submittal to the
  6 35 commission by January 1, 2018, and by January 1 each year
  7  1 thereafter.
  7  2    Sec. 10.  REPEAL.  Section 455J.6, Code 2017, is repealed.
  7  3                           EXPLANATION
  7  4 The inclusion of this explanation does not constitute agreement with
  7  5 the explanation's substance by the members of the general assembly.
  7  6    This bill abolishes the solid waste alternatives program
  7  7 advisory council for environmental management systems. Under
  7  8 the bill, the duties of the solid waste alternatives program
  7  9 advisory council are transferred to the department of natural
  7 10 resources.
  7 11    The bill changes references in Code chapter 455J from
  7 12 "household hazardous waste" to "household hazardous material"
  7 13 and from "solid waste planning areas" to "solid waste planning
  7 14 or service areas".
  7 15    The bill removes the department of natural resources'
  7 16 discretionary authority to administer funds to benefit eligible
  7 17 communities that collaborate with an organization awarded a
  7 18 beautification grant, since the beautification grant program
  7 19 no longer exists.
  7 20    Currently, an environmental management system is required to
  7 21 file an updated comprehensive plan every five years. The bill
  7 22 exempts solid waste planning or service areas designated as an
  7 23 environmental management system from filing a comprehensive
  7 24 plan.
  7 25    The bill requires the department to submit an annual report
  7 26 to the environmental protection commission citing the results
  7 27 and costs of the environmental management systems program.
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