Text: HF626            Text: HF628
Complete Bill History


House File 627

HOUSE FILE BY COMMITTEE ON ENVIRONMENTAL PROTECTION (SUCCESSOR TO HSB 90) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to open burning of residential waste in certain 2 areas of the state and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1245HV 83 5 tm/nh/14 PAG LIN 1 1 Section 1. Section 455B.133, Code 2009, is amended by 1 2 adding the following new subsection: 1 3 NEW SUBSECTION. 11. a. Adopt rules to prohibit the open 1 4 burning of residential waste within any of the following 1 5 areas: 1 6 (1) Beginning January 1, 2010, any city with a population 1 7 of two thousand five hundred or more. 1 8 (2) Beginning January 1, 2011, any city with a population 1 9 of one thousand or more. 1 10 (3) Beginning January 1, 2012, any city with a population 1 11 of five hundred or more. 1 12 (4) Beginning January 1, 2013, any city in the state. 1 13 b. The population of a city as described in this 1 14 subsection shall be based on the most recent federal decennial 1 15 census. 1 16 c. The rules shall allow for conducting prescribed burns 1 17 for purposes of restoring, reconstruction of, or managing 1 18 natural area vegetation such as prairies, grasslands, 1 19 wetlands, woodlands, or wildlife habitat areas. 1 20 d. This subsection shall not apply to the burning of 1 21 landscape waste generated as a result of agricultural 1 22 activities such as the harvesting of crops or raising of 1 23 livestock and also shall not apply to the burning of land 1 24 managed under the federal conservation reserve program under 7 1 25 C.F.R. pt. 1410. 1 26 e. This subsection shall not apply to the open burning of 1 27 natural disaster rubbish caused by a natural disaster for 1 28 which the governor proclaims a disaster emergency pursuant to 1 29 section 29C.6. Natural disaster rubbish includes but is not 1 30 limited to landscape waste and demolished or damaged 1 31 structures. 1 32 f. This subsection shall not apply to supervised open 1 33 burning at a tree and tree trimming burning site operated by a 1 34 political subdivision. 1 35 g. A person who is found in violation of the prohibition 2 1 on burning residential waste under this subsection shall not 2 2 be subject to an enforcement action other than the assessment 2 3 of a civil penalty pursuant to section 455B.109. Criminal 2 4 penalties provided in section 455B.146A shall not apply to 2 5 violations of the provisions of this subsection. 2 6 EXPLANATION 2 7 This bill relates to open burning of residential waste in 2 8 certain areas of the state. 2 9 The bill requires the environmental protection commission 2 10 to adopt administrative rules prohibiting the open burning of 2 11 residential waste in cities. The prohibition begins on 2 12 January 1, 2010, in cities with a population of 2,500 or more; 2 13 on January 1, 2011, in cities with a population of 1,000 or 2 14 more; on January 1, 2012, in cities with a population of 500 2 15 or more; and on January 1, 2013, in all cities in the state. 2 16 The bill provides exceptions to the open burning 2 17 prohibition for residential waste for prescribed burns, the 2 18 burning of landscape waste generated from agricultural 2 19 activities, the burning of natural disaster rubbish, and 2 20 supervised burns at a tree and tree trimming burn site. 2 21 The bill provides that a person who is found in violation 2 22 of the prohibition on burning residential waste shall not be 2 23 subject to an enforcement action other than the assessment of 2 24 a civil penalty. Criminal penalties shall not apply. 2 25 LSB 1245HV 83 2 26 tm/nh/14
Text: HF626            Text: HF628 Complete Bill History