General Assembly: 80 (2004 Regular GA) - Chapter 1078 - Environmental regulation — recycled oil and refuse-derived fuel


Published: 2004-04-14

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251 LAWS OF THE EIGHTIETH G.A., 2004 SESSION CH. 1078

CH. 1077CH. 1077

CHAPTER 1077

ACTIONS TO ABATE NUISANCES — ELECTRIC UTILITIES — COMPARATIVE FAULT

H.F. 2397

AN ACT relating to the act or property of a public utility with respect to the definition of nui- sance.

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

Section 1. Section 657.1, Code 2003, is amended to read as follows: 657.1 NUISANCE — WHAT CONSTITUTES — ACTION TO ABATE. 1. Whatever is injurious to health, indecent, or unreasonably offensive to the senses, or an

obstruction to the free use of property, so as essentially to unreasonably interfere unreason- ablywith the comfortable enjoyment of life or property, is a nuisance, and a civil action byordi- nary proceedings may be brought to enjoin and abate the same nuisance and to recover dam- ages sustained on account thereof of the nuisance. 2. Notwithstanding subsection 1, in an action to abate a nuisance against an electric utility,

an electric utility may assert a defense of comparative fault as set out in section 668.3 if the electric utility demonstrates that in the course of providing electric services to its customers that it has complied with engineering and safety standards as adopted by the utilities board of the department of commerce, and if the electric utility has secured all permits and approv- als, as required by state law and local ordinances, necessary to perform activities alleged to constitute a nuisance.

Approved April 14, 2004

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CH. 1078CH. 1078

CHAPTER 1078

ENVIRONMENTAL REGULATION — RECYCLED OIL AND REFUSE-DERIVED FUEL

H.F. 2517

AN ACT relating to environmental regulations administered by the department of natural re- sources regarding the use of recycled oil and the calculation of waste volume reduction measures.

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

Section 1. Section 455B.306, subsection 3, Code 2003, is amended to read as follows: 3. A city or county required to file with the director a comprehensive plan detailing the

method by which the city or county will comply with the requirements of section 455B.302 to establish and implement a comprehensive solid waste reduction program for its residents and which seeks approval of the inclusion of refuse-derived fuel as a component of its percentage of waste reduction, shall file an annual report with the director regarding the percentage of reduction attributable to refuse-derived fuel and the justification for such inclusion. Thedirec- tor shall approve or reject the inclusion. The percentage of reduction attributable to refuse-

252LAWS OF THE EIGHTIETH G.A., 2004 SESSIONCH. 1078

derived fuel and allowable for inclusion shall not exceed fifty percent and only those products established as allowable pursuant to section 455D.20 shall be included in the calculation of the waste reduction goal.

Sec. 2. Section 455B.412, subsection 5, Code 2003, is amended by striking the subsection.

Sec. 3. Section 455D.20, Code 2003, is repealed.

Approved April 14, 2004

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CH. 1079CH. 1079

CHAPTER 1079

IOWA EDUCATIONAL SAVINGS PLAN TRUST REVISIONS

H.F. 2553

ANACT relating to technical and substantive changes regarding the Iowa educational savings plan trust and the establishment of an additional optional programby a specified date, and providing an effective date.

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

Section 1. Section 12D.1, Code 2003, is amended to read as follows: 12D.1 PURPOSE AND DEFINITIONS. The general assembly finds that the general welfare and well-being of the state are directly

related to educational levels and skills of the citizens of the state, and that a vital and valid pub- lic purpose is served by the creation and implementation of programs which encourage and make possible the attainment of higher education by the greatest number of citizens of the state. The state has limited resources to provide additional programs for higher education fundingand the continuedoperation andmaintenanceof the state’s public institutions of high- er education and the general welfare of the citizens of the state will be enhanced by establish- ing a programwhich allows citizens of the state to invest money in a public trust for future ap- plication to the payment of higher education costs. The creation of the means of encourage- ment for citizens to invest in such a program represents the carrying out of a vital and valid public purpose. In order to make available to the citizens of the state an opportunity to fund future higher education needs, it is necessary that a public trust be established in whichmon- eysmay be invested for future educational use. It is also necessary to establish an endowment fund which may be funded with public funds, among other sources, the income from which will bemade available to participants in the trust to enhance their savings invested for the pay- ment of future higher education costs. As used in this chapter, unless the context otherwise requires: 1. “Account balance limit” means the maximum allowable aggregate balance of accounts

established for the samebeneficiary. Account earnings, if any, are included in the account bal- ance limit. 2. “Administrative fund” means the administrative fund established under section 12D.4. 3. “Beneficiary” means the individual designated by a participation agreement to benefit

from advance payments of higher education costs on behalf of the beneficiary. 4. “Benefits” means the payment of higher education costs on behalf of a beneficiary by the

trust during the beneficiary’s attendance at an institution of higher education. 5. “Endowment fund” means the endowment fund established under section 12D.4.