Section 319.130

Title XXI PUBLIC SAFETY AND MORALS

Chapter 319

Effective - 28 Aug 2011   

  319.130.  Public hearings required, when — training program requirements — record keeping — rulemaking authority. — 1.  On or before April 1, 2012, the board of trustees of the petroleum storage tank insurance fund shall hold one or more public hearings to determine whether to create and fund an underground storage tank operator training program.  The board shall consider at a minimum:

  (1)  Input from the department of natural resources, the department of agriculture, the board's advisory committee, and affected portions of the private sector;

  (2)  Relevant deadlines, time frames, costs, and benefits, including federal funding consequences for the state's underground storage tank regulatory program if such a training program is not implemented;

  (3)  Training programs already in existence in other states;

  (4)  Training programs already being used by tank owners and operators; and

  (5)  Such other factors as the board deems necessary and prudent.

  2.  If after completing the requirements of subsection 1 of this section, the board decides by majority vote to create and fund an underground storage tank operator training program, the training program shall at a minimum:

  (1)  Satisfy the federal requirements for such a program;

  (2)  Be developed in collaboration with the department of natural resources, the department of agriculture, the board's advisory committee, and affected portions of the private sector;

  (3)  Be offered at no cost to those who are required to participate;

  (4)  Specify standards, reporting, and documentation requirements; and

  (5)  Be established by rule.

  3.  The board may contract with one or more third parties to carry out the requirements of this section.

  4.  At any time after the board creates and funds the underground storage tank operator training program under subsection 2 of this section, the board may, by rule, modify or eliminate the program.

  5.  Any records created or maintained by the board as part of the underground storage tank operator training program created herein shall be public records under chapter 610 and shall be made readily available to the department of natural resources.

  6.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2011, shall be invalid and void.

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(L. 2011 S.B. 135)