SF 2392 (LSB 5242SZ (1) 87)

SENATE FILE 2392

BY  COMMITTEE ON WAYS AND MEANS

(SUCCESSOR TO SF 2202)
(SUCCESSOR TO SSB 3068)

A BILL FOR

An Act relating to the level of fees imposed pursuant to the land recycling program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455H.107, subsection 2, Code 2018, is amended to read as follows:
   2.  All participants shall enter into an agreement with the department to reimburse the department for actual costs incurred by the department in reviewing documents submitted as a part of the enrollment of the site. This fee shall not exceed seven thousand five hundred dollars per enrolled site for sites enrolled prior to July 1, 2018.  For sites enrolled on or after July 1, 2018, the fee shall not exceed twenty-five thousand dollars per enrolled site. An agreement entered into under this subsection must allow the department access to the enrolled site and must require a demonstration of the participant’s ability to carry out a response action reasonably associated with the enrolled site.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Currently, the department of natural resources operates a land recycling program to address potentially contaminated sites throughout the state. Pursuant to the program, an owner of potentially affected real property may enter into a voluntary agreement with the department to avoid possible litigation and fines if the property poses certain health or safety risks. Upon enrollment in the program, an owner must agree to reimburse the department for the actual costs it incurs in reviewing documents that the owner submitted to enroll the site. The reimbursement amount shall not exceed $7,500 per enrolled site.
   This bill increases the cap for reimbursement to the department for reviewing submitted documents to $25,000 per enrolled site for sites enrolled on or after July 1, 2018. The current limit of no more than $7,500 per enrolled site remains the same for sites enrolled prior to July 1, 2018.