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
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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
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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
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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
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