Bill Text: IA SF290 | 2011-2012 | 84th General Assembly | Introduced

Bill Title: A bill for an act relating to asbestos regulations administered by the division of labor services of the department of workforce development. (Formerly SSB 1037.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF290 Detail]

Download: Iowa-2011-SF290-Introduced.html
Senate File 290 - Introduced SENATE FILE 290 BY COMMITTEE ON LABOR AND BUSINESS RELATIONS (SUCCESSOR TO SSB 1037) A BILL FOR An Act relating to asbestos regulations administered by the 1 division of labor services of the department of workforce 2 development. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1321SV (2) 84 je/rj
S.F. 290 Section 1. Section 88B.1, subsection 5, Code 2011, is 1 amended to read as follows: 2 5. “License” means an authorization issued by the division 3 permitting an individual person, including a supervisor 4 or contractor, to work on an asbestos project, to inspect 5 buildings for asbestos-containing building materials, to 6 conduct air sampling, to develop management plans, and to act 7 as an asbestos project designer. 8 Sec. 2. Section 88B.3A, Code 2011, is amended by striking 9 the section and inserting in lieu thereof the following: 10 88B.3A Permit required —— application, qualifications, surety 11 bond, and exceptions. 12 A business entity engaging in the removal or encapsulation 13 of asbestos shall hold a permit for that purpose unless the 14 business entity is removing or encapsulating asbestos only at 15 its own facilities. To qualify for a permit, a business entity 16 must submit to the division all of the following: 17 1. An application in the form required by the division. 18 2. The prescribed fee. 19 3. A surety bond in the amount of twenty-five thousand 20 dollars as set forth in section 88B.14. 21 Sec. 3. Section 88B.6, subsection 2, Code 2011, is amended 22 to read as follows: 23 2. Qualifications. 24 a. An individual is not eligible to be or do any of 25 the following unless the person obtains a license from the 26 division: 27 (1) A contractor or supervisor, or to work on an asbestos 28 project. 29 (2) An inspector for asbestos-containing building material 30 in a school or a public or commercial building. 31 (3) An asbestos management planner for a school building. 32 (4) An asbestos project designer for a school or a public 33 or commercial building. 34 (5) An individual who performs air sampling that is not 35 -1- LSB 1321SV (2) 84 je/rj 1/ 3
S.F. 290 mandated by the federal Occupational Safety and Health Act of 1 1970, 29 U.S.C. § 651–678. 2 b. To qualify for a license pursuant to paragraph “a” , 3 subparagraphs (1) through (4) , the applicant must have 4 successfully completed training as established by the United 5 States environmental protection agency, paid a fee, and met 6 other requirements as specified by the division by rule. 7 c. To qualify for a license pursuant to paragraph “a” , 8 subparagraph (5), the applicant must satisfy at least one of 9 the following: 10 (1) Successful completion of relevant course work with the 11 national institute of occupational safety and health. 12 (2) Certification as an industrial hygienist. 13 (3) Successful completion of a bachelor’s degree in the life 14 environmental or physical sciences or in engineering, and at 15 least five hundred twenty hours of experience in air sampling. 16 c. d. To qualify for a license as an asbestos abatement 17 worker, air sampler, supervisor, or contractor, the applicant 18 must have been examined by a physician within the preceding 19 year and declared by the physician to be physically capable of 20 working while wearing a respirator. 21 Sec. 4. NEW SECTION . 88B.14 Surety bond required. 22 1. A surety bond required by section 88B.3A shall be 23 executed by a surety company authorized to do business in this 24 state. 25 2. Release of the bond shall be conditioned upon the payment 26 of all taxes, including contributions under the unemployment 27 compensation insurance system, penalties, interest, and related 28 fees that may accrue to the state of Iowa. Upon request for 29 release of a bond, the commissioner shall notify air quality 30 officials within the department of natural resources, the 31 department of revenue, and unemployment insurance officials 32 within the department of workforce development. If the 33 permittee is not indebted to the commissioner, and no other 34 agency has notified the commissioner of a debt within thirty 35 -2- LSB 1321SV (2) 84 je/rj 2/ 3
S.F. 290 days of notice, the commissioner may release the bond. 1 3. The commissioner shall adopt rules governing forfeiture 2 of the bond including notice to the surety and the permittee 3 and an opportunity for a hearing in accordance with chapter 4 17A. 5 4. The surety shall provide to the permittee and to the 6 commissioner written notice of intent to cancel the bond at 7 least thirty days in advance of cancellation. The surety 8 company shall not be liable under the bond for acts occurring 9 after cancellation of the bond, but shall remain liable for 10 acts occurring prior to cancellation. 11 EXPLANATION 12 This bill requires the execution of a $25,000 surety bond by 13 business entities engaging in the removal or encapsulation of 14 asbestos. The bill provides for procedures for processing the 15 surety bonds. 16 The bill also provides for the licensing of air samplers 17 for asbestos projects. The bill sets out qualification 18 requirements for obtaining a license to conduct air sampling 19 for asbestos projects. 20 -3- LSB 1321SV (2) 84 je/rj 3/ 3