General Assembly: 81 (2005 Regular GA) - Chapter 31 - Solid waste management and disposal


Published: 2005-04-15

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91 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 31

CH. 30CH. 30

CHAPTER 30

IOWA FINANCE AUTHORITY — QUALIFIED RESIDENTIAL RENTAL PROJECT BONDS

H.F. 370

ANACT allowing the Iowa finance authority to issue qualified residential rental project bonds under the private activity bond allocation Act.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 7C.3, Code 2005, is amended by adding the following new subsection: NEWSUBSECTION. 8A. “Qualified residential rental project bond”means a qualified resi-

dential rental project bond as defined in section 142(d) of the Internal Revenue Code.

Sec. 2. Section 7C.4A, subsection 1, Code 2005, is amended to read as follows: 1. Thirty percent of the state ceiling shall be allocated solely to the Iowa finance authority

for any of the following purposes: a. Issuing qualified mortgage bonds. b. Reallocating the amount, or anyportion thereof, to another qualified political subdivision

for the purpose of issuing qualified mortgage bonds; or. c. Exchanging the allocation, or any portion thereof, for the authority to issue mortgage

credit certificates by election under section 25(c) of the Internal Revenue Code. d. Issuing qualified residential rental project bonds. However, at any time during the calendar year the executive director of the Iowa finance au-

thoritymaydetermine that a lesser amount needbeallocated to the Iowa finance authority and on that date this lesser amount shall be the amount allocated to the authority and the excess shall be allocated under subsection 7.

Approved April 15, 2005

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CH. 31CH. 31

CHAPTER 31

SOLID WASTE MANAGEMENT AND DISPOSAL

H.F. 399

ANACT relating to the disposal of solid waste by planning areas and related solid wasteman- agement plans and reports.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 455B.305, Code 2005, is amended by adding the following new subsec- tion: NEWSUBSECTION. 7. The director shall not issue or renew a permit for a transfer station

operating as part of an agreement between two planning areas pursuant to section 455B.306, subsection 1A, until the applicant, in conjunctionwith all local governments using the transfer station, documents that alternative methods of solid waste disposal other than final disposal in a sanitary landfill have been implemented as set forth in the plan filed pursuant to section 455B.306.

92LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 31

Sec. 2. Section 455B.306, subsection 1, unnumbered paragraph 1, Code 2005, is amended to read as follows: Acity, county, andaprivate agencyoperatingorplanning tooperate a sanitarydisposal proj-

ect shall file with the director a one of two types of comprehensive plan plans detailing the method bywhich the city, county, or private agencywill comply with this part 1. The first type is a comprehensive plan in which solid waste is disposed of in a sanitary landfill within the planning area. The second type is a comprehensive plan in which all solid waste is consoli- dated at and transported from a transfer station for disposal at a sanitary landfill in another comprehensive planning area. PARAGRAPH DIVIDED. All cities and counties shall also file with the director a compre-

hensive plan detailing the method by which the city or county will comply with the require- ments of section 455B.302 to establish and implement a comprehensive solid waste reduction program for its residents.

Sec. 3. Section 455B.306, Code 2005, is amended by adding the following new subsection: NEW SUBSECTION. 1A. A planning area that closes all of the municipal solid waste sani-

tary landfills located in the planning area and chooses to use a municipal solid waste sanitary landfill in another planning area that complies with all requirements under subtitle D of the federal Resource Conservation and Recovery Act, with all solid waste generated within the planning area being consolidated at and transported from a permitted transfer station, may elect to retain autonomy as a planning area and shall not be required to join the planning area where the landfill being used for final disposal of solid waste is located. If a planning area makes the election under this subsection, the planning area receiving the solid waste from the planning area making the election shall not be required to include the planning area making the election in a comprehensive plan provided no services are shared between the two plan- ning areas other than the acceptance of solid waste for sanitary landfill. The planning area receiving the solid waste shall only be responsible for the permitting, planning, and waste re- duction and diversion programs in the planning area receiving the solid waste. If the depart- ment determines that solid waste cannot reasonably be consolidated and transported from a particular transfer station, the department may establish permit conditions to address the transport and disposal of the solid waste. An electionmay bemade under this subsection only if the two comprehensive planning areas enter into an agreement pursuant to chapter 28E that includes, at a minimum, all of the following: a. A detailed methodology of the manner in which solid waste will be tracked and reported

between the two planning areas. b. A detailedmethodology of themanner inwhich the receiving sanitary landfill will collect,

remit, and report tonnage fees, pursuant to section 455B.310, paid by the planning area that is transporting the solidwaste. Themethodology shall includeboth the remittances of tonnage fees to the state and the retained tonnage fees.

Sec. 4. Section 455B.306, subsection 6, paragraph e, Code 2005, is amended to read as fol- lows: e. A description of the planning area and service area to be served by the city, county, or

private agency under the comprehensive plan. A Except as provided in subsection 1A, a com- prehensive plan shall not include a planning area or service area, any part ofwhich is included in another comprehensive plan.

Sec. 5. Section 455B.310, subsection 4, paragraph d, Code 2005, is amended to read as fol- lows: d. Each sanitary landfill owner or operator shall submit a return to the department identify-

ing the use of all fees retained under this section including the manner in which the fees were distributed. A planning area entering into an agreement pursuant to section 455B.306, subsec- tion 1A, shall submit such information to the department and a planning area receiving the solid waste under such an agreement shall, in addition, submit evidence to the department

93 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 32

demonstrating that required retained feeswere returned in a timelymanner to other planning areas under the agreement. The return shall be submitted concurrently with the return re- quired under subsection 7.

Sec. 6. Section 455B.310, subsection 7, Code 2005, is amended to read as follows: 7. Fees imposedby this section shall be paid to thedepartment onaquarterly basiswithpay-

ment due by no more than ninety days following the quarter during which the fees were col- lected. The payment shall be accompanied by a return which shall identify the amount of fees to be allocated to the landfill alternative financial assistance program, the amount of fees, in terms of cents per ton, retained formeetingwaste reduction and recycling goals under section 455D.3, and additional fees imposed for failure to meet the twenty-five percent waste reduc- tion and recycling goal under section 455D.3. Sanitary landfills serving more than one plan- ning area shall submit separate reports for each planning area.

Approved April 15, 2005

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CH. 32CH. 32

CHAPTER 32

INTERSTATE NATURAL GAS PIPELINES

H.F. 581

AN ACT relating to interstate natural gas pipelines including requirements regarding con- struction, operation, and maintenance, applicable penalties and resultant damages, and easements.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 306A.3, unnumbered paragraph 2, Code 2005, is amended to read as fol- lows: Thedepartment shall adopt rules, pursuant to chapter 17A, embodyingautility accommoda-

tion policy which imposes reasonable restrictions on placements occurring on or after the ef- fective date of the rules, on primary road rights-of-way. The rules may require utilities to give notice to the department prior to installation of a utility system on a primary road right-of-way and obtain prior permission from the department for the proposed installation. The rules shall recognize emergency situations and the need for immediate installation of service extensions subject to the standards adopted by the department and the utilities board. The rules shall be no less stringent than the standards adopted by the utilities board pursuant to chapters 478, 479, 479A, and 479B. This paragraph shall not be construed as granting the department au- thority which has been expressly granted to the utilities board to determine the route of utility installations. If the department requires a utility company permit, the department shall be re- quired to act upon the permit application within thirty days of its filing. In cases of federal-aid highway projects on nonprimary highways, the local authority with jurisdiction over the high- way and thedepartment shall complywith all federal regulations and statutes regardingutility accommodation.

Sec. 2. Section 479A.1, Code 2005, is amended to read as follows: 479A.1 PURPOSE. It is the purpose of the general assembly in enacting this law to confer upon the utilities