Bill Text: IA SSB1081 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing for the elimination of the Iowa emergency response commission.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-20 - Subcommittee recommends passage. [SSB1081 Detail]
Download: Iowa-2017-SSB1081-Introduced.html
Senate
Study
Bill
1081
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HOMELAND
SECURITY
AND
EMERGENCY
MANAGEMENT
BILL)
A
BILL
FOR
An
Act
providing
for
the
elimination
of
the
Iowa
emergency
1
response
commission.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1182XD
(4)
87
ec/rh/rj
S.F.
_____
H.F.
_____
Section
1.
Section
29C.5,
Code
2017,
is
amended
to
read
as
1
follows:
2
29C.5
Department
of
homeland
security
and
emergency
3
management.
4
The
department
of
homeland
security
and
emergency
management
5
is
created.
The
department
of
homeland
security
and
emergency
6
management
shall
be
responsible
for
the
administration
of
7
emergency
planning
matters,
including
emergency
resource
8
planning
in
this
state,
cooperation
with,
support
of,
funding
9
for,
and
tasking
of
the
civil
air
patrol
for
missions
not
10
qualifying
for
federal
mission
status
as
described
in
section
11
29A.3A
in
accordance
with
operational
and
funding
criteria
12
developed
with
the
adjutant
general
and
coordinated
with
13
the
civil
air
patrol,
homeland
security
activities,
and
14
coordination
of
available
services
and
resources
in
the
event
15
of
a
disaster
to
include
those
services
and
resources
of
the
16
federal
government
and
private
entities.
The
Iowa
emergency
17
response
commission
established
by
section
30.2
is
attached
to
18
the
department
of
homeland
security
and
emergency
management
19
for
organizational
purposes.
20
Sec.
2.
Section
30.1,
subsection
1,
Code
2017,
is
amended
by
21
striking
the
subsection.
22
Sec.
3.
Section
30.1,
subsection
2,
Code
2017,
is
amended
23
to
read
as
follows:
24
2.
“Committee”
means
a
local
emergency
planning
committee
25
appointed
by
the
commission
department
.
26
Sec.
4.
Section
30.1,
Code
2017,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
2A.
“Department”
means
the
department
of
29
homeland
security
and
emergency
management.
30
Sec.
5.
Section
30.5,
Code
2017,
is
amended
to
read
as
31
follows:
32
30.5
Commission
Department
powers
and
duties.
33
1.
The
commission
department
has
the
powers
necessary
34
to
carry
out
the
functions
and
duties
specified
in
state
law
35
-1-
LSB
1182XD
(4)
87
ec/rh/rj
1/
6
S.F.
_____
H.F.
_____
and
the
Emergency
Planning
and
Community
Right-to-know
Act,
1
including
the
powers
to
solicit
and
accept
gifts
and
grants,
2
and
to
adopt
rules
pursuant
to
chapter
17A
.
All
federal
funds,
3
grants,
and
gifts
shall
be
deposited
with
the
treasurer
of
4
state
and
used
only
for
the
purposes
agreed
upon
as
conditions
5
for
receipt
of
the
funds,
grants,
or
gifts.
6
2.
The
commission
department
may
enter
into
agreements
7
pursuant
to
chapter
28E
to
accomplish
any
duty
imposed
upon
the
8
commission
department
by
the
Emergency
Planning
and
Community
9
Right-to-know
Act,
but
the
commission
department
shall
not
10
compensate
any
governmental
unit
for
the
performance
of
duties
11
pursuant
to
such
an
agreement.
Funding
for
administering
12
the
duties
of
the
commission
department
under
sections
30.7
,
13
and
30.8
,
and
30.9
shall
be
included
in
the
budgets
of
the
14
department
of
natural
resources
and
the
department
of
homeland
15
security
and
emergency
management.
16
3.
The
commission
department
may
request
from
any
state
17
agency
or
official
the
information
and
assistance
necessary
to
18
perform
the
duties
of
the
commission
department
.
All
state
19
departments,
divisions,
agencies,
and
offices
shall
make
20
available
upon
request
information
which
is
requested
and
which
21
is
not
by
law
confidential.
22
4.
The
department
shall
designate
local
emergency
planning
23
districts
and
appoint
persons
to
serve
on
local
emergency
24
planning
committees.
The
department
may,
upon
request,
revise
25
its
designations
of
districts
and
appointments
of
committee
26
members.
27
5.
The
department
shall
supervise
and
coordinate
the
28
activities
of
the
committees.
29
6.
Upon
request
by
a
state
or
local
official
or
any
30
person,
the
department
shall
obtain
from
a
facility
owner
31
or
operator
the
emergency
and
hazardous
chemical
inventory
32
information
which
the
owner
or
operator
is
required
to
prepare
33
and
submit
pursuant
to
section
312
of
the
Emergency
Planning
34
and
Community
Right-to-know
Act,
42
U.S.C.
§11022,
and
provide
35
-2-
LSB
1182XD
(4)
87
ec/rh/rj
2/
6
S.F.
_____
H.F.
_____
the
information
to
the
requesting
party.
1
7.
The
department
shall
make
available
to
the
public
upon
2
request
during
normal
working
hours
material
safety
data
3
sheets,
lists
of
hazardous
chemicals,
inventory
forms,
toxic
4
chemical
release
forms,
and
follow-up
emergency
notices
in
its
5
possession
pursuant
to
section
324
of
the
Emergency
Planning
6
and
Community
Right-to-know
Act,
42
U.S.C.
§11044.
7
8.
The
department
shall
perform
all
other
functions
and
8
duties
as
specified
in
the
Emergency
Planning
and
Community
9
Right-to-know
Act.
10
9.
Comprehensive
emergency
response
plans
required
to
11
be
developed
under
section
303
of
the
Emergency
Planning
12
and
Community
Right-to-know
Act,
42
U.S.C.
§11003,
shall
be
13
submitted
to
the
department.
After
initial
submission,
a
14
plan
need
not
be
resubmitted
unless
revisions
are
requested
15
by
the
department.
The
department
shall
review
the
plan
16
and
shall
incorporate
the
provisions
of
the
plan
into
its
17
responsibilities
under
chapter
29C.
18
10.
The
department
shall
make
available
to
the
public
upon
19
request
during
normal
working
hours
the
information
in
its
20
possession
pursuant
to
section
324
of
the
Emergency
Planning
21
and
Community
Right-to-know
Act,
42
U.S.C.
§11044.
22
Sec.
6.
Section
30.7,
Code
2017,
is
amended
to
read
as
23
follows:
24
30.7
Duties
to
be
allocated
to
department
of
natural
25
resources
——
emergency
and
hazardous
chemicals.
26
Agreements
negotiated
by
the
commission
department
and
27
the
department
of
natural
resources
shall
provide
for
the
28
allocation
of
duties
to
the
department
of
natural
resources
as
29
follows:
30
1.
Material
safety
data
sheets
or
a
list
for
of
chemicals
31
required
to
be
submitted
to
the
commission
department
32
under
section
311
of
the
Emergency
Planning
and
Community
33
Right-to-know
Act,
42
U.S.C.
§11021,
shall
be
submitted
to
the
34
department
of
natural
resources.
Submission
to
that
department
35
-3-
LSB
1182XD
(4)
87
ec/rh/rj
3/
6
S.F.
_____
H.F.
_____
constitutes
compliance
with
the
requirement
for
notification
1
to
the
commission
department
.
2
2.
Emergency
and
hazardous
chemical
inventory
forms
3
required
to
be
submitted
to
the
commission
department
4
under
section
312
of
the
Emergency
Planning
and
Community
5
Right-to-know
Act,
42
U.S.C.
§11022,
shall
be
submitted
to
the
6
department
of
natural
resources.
Submission
to
that
department
7
constitutes
compliance
with
the
requirement
for
notification
8
to
the
commission
department
.
9
3.
The
department
of
natural
resources
shall
advise
the
10
commission
department
of
the
failure
of
any
facility
owner
or
11
operator
to
submit
information
as
required
under
sections
311
12
and
312
of
the
Emergency
Planning
and
Community
Right-to-know
13
Act,
42
U.S.C.
§11021
and
11022.
14
4.
The
department
of
natural
resources
shall
make
available
15
to
the
public
upon
request
during
normal
working
hours
the
16
information
forms
in
its
possession
pursuant
to
sections
312
17
and
324
of
the
Emergency
Planning
and
Community
Right-to-know
18
Act,
42
U.S.C.
§11022
and
11044.
19
5.
The
department
of
natural
resources
shall
compile
data
or
20
information
from
the
emergency
and
hazardous
chemical
inventory
21
forms
required
to
be
submitted
to
the
commission
department
22
under
section
312
of
the
Emergency
Planning
and
Community
23
Right-to-know
Act,
42
U.S.C.
§11022.
24
Sec.
7.
Section
30.8,
Code
2017,
is
amended
to
read
as
25
follows:
26
30.8
Duties
to
be
allocated
to
department
of
natural
27
resources.
28
Agreements
negotiated
by
the
commission
department
and
29
the
department
of
natural
resources
shall
provide
for
the
30
allocation
of
duties
to
the
department
of
natural
resources
as
31
follows:
32
1.
Emergency
notifications
of
releases
required
to
be
33
submitted
to
the
commission
department
under
section
304
34
of
the
Emergency
Planning
and
Community
Right-to-know
Act,
35
-4-
LSB
1182XD
(4)
87
ec/rh/rj
4/
6
S.F.
_____
H.F.
_____
42
U.S.C.
§11004,
shall
be
submitted
to
the
department
of
1
natural
resources.
Submission
to
that
department
constitutes
2
compliance
with
the
requirement
for
notification
to
the
3
commission
department
.
4
2.
The
department
of
natural
resources
shall
advise
the
5
commission
department
of
the
failure
of
any
facility
owner
or
6
operator
to
submit
a
notification
as
required
under
section
304
7
of
the
Emergency
Planning
and
Community
Right-to-know
Act,
42
8
U.S.C.
§11004.
9
3.
The
department
of
natural
resources
shall
make
available
10
to
the
public
upon
request
during
normal
working
hours
the
11
information
in
its
possession
pursuant
to
section
324
of
the
12
Emergency
Planning
and
Community
Right-to-know
Act,
42
U.S.C.
13
§11044.
14
4.
The
department
of
natural
resources
shall
compile
15
the
data
collected
pursuant
to
section
313
of
the
Emergency
16
Planning
and
Community
Right-to-know
Act,
42
U.S.C.
§11023,
17
and
shall
make
the
compiled
data
available
to
the
public
upon
18
request.
19
Sec.
8.
Section
30.10,
Code
2017,
is
amended
to
read
as
20
follows:
21
30.10
Powers
of
local
emergency
planning
committees.
22
The
local
emergency
planning
committee
appointed
by
the
23
commission
department
for
each
local
emergency
planning
24
district
has
the
powers
necessary
to
carry
out
the
functions
25
and
duties
specified
in
state
law
and
the
Emergency
Planning
26
and
Community
Right-to-know
Act.
27
Sec.
9.
Section
30.12,
subsection
1,
unnumbered
paragraph
28
1,
Code
2017,
is
amended
to
read
as
follows:
29
The
commission
department
may
commence
a
civil
action
30
against
an
owner
or
operator
of
a
facility
who
has
violated
31
federal
requirements
to
do
any
of
the
following:
32
Sec.
10.
REPEAL.
Sections
30.2,
30.3,
30.4,
30.6,
and
30.9,
33
Code
2017,
are
repealed.
34
Sec.
11.
CODE
EDITOR
DIRECTIVE.
35
-5-
LSB
1182XD
(4)
87
ec/rh/rj
5/
6
S.F.
_____
H.F.
_____
1.
The
Code
editor
is
directed
to
make
the
following
1
transfers:
2
a.
Section
30.5
to
section
30.2.
3
b.
Section
30.7
to
section
30.3.
4
c.
Section
30.8
to
section
30.4.
5
d.
Section
30.10
to
section
30.5.
6
e.
Section
30.11
to
section
30.6.
7
f.
Section
30.12
to
section
30.7.
8
2.
The
Code
editor
shall
correct
internal
references
in
the
9
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
10
enactment
of
this
section.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
Code
chapter
30,
concerning
chemical
emergencies
and
the
15
emergency
response
commission,
is
amended
by
eliminating
the
16
Iowa
emergency
response
commission
and
transferring
the
powers
17
and
duties
of
the
commission
under
the
Code
chapter
to
the
18
department
of
homeland
security
and
emergency
management.
The
19
Code
chapter
implements,
in
part,
the
Emergency
Planning
and
20
Community
Right-to-know
Act
which
provides
that
the
governor
21
may
designate
as
the
state
emergency
response
commission
one
22
or
more
existing
emergency
response
organizations
that
are
23
state
sponsored
or
appointed.
This
bill
eliminates
provisions
24
governing
the
officers,
meetings,
expenses,
and
duties
of
25
the
commission.
The
bill
also
transfers
and
renumbers
the
26
remaining
Code
sections
of
the
Code
chapter.
27
-6-
LSB
1182XD
(4)
87
ec/rh/rj
6/
6
