Iowa-2017-SF273-Introduced
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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