Text: HF00507 Text: HF00509 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 423.24, subsection 1, paragraph a, Code 1 2 1995, is amended to read as follows: 1 3 a. (1) Twenty-five percent of all such revenue, up to a 1 4 maximum ofthreefour millioneighttwo hundredtwenty-five1 5 fifty thousand dollars per quarter, shall be deposited into 1 6 and credited to the Iowa comprehensive petroleum underground 1 7 storage tank fund created in section 455G.3, and the moneys so 1 8 deposited are a continuing appropriation for expenditure under 1 9 chapter 455G, and moneys so appropriated shall not be used for 1 10 other purposes. 1 11 (2) Beginning January 1, 1996, through December 31, 1997, 1 12 two million five hundred thousand dollars per quarter, shall 1 13 be deposited into and credited to the Iowa comprehensive 1 14 petroleum underground storage tank marketability fund created 1 15 in section 455G.21. Beginning January 1, 1998, through 1 16 December 31, 2002, four million two hundred fifty thousand 1 17 dollars per quarter, shall be deposited into and credited to 1 18 the Iowa comprehensive petroleum underground storage tank 1 19 marketability fund created in section 455G.21. The moneys so 1 20 deposited are a continuing appropriation to be expended in 1 21 accordance with section 455G.21, and the moneys shall not be 1 22 used for other purposes. 1 23 Sec. 2. Section 424.3, subsection 5, Code 1995, is amended 1 24 to read as follows: 1 25 5. The cost factor is an amount per gallon of diminution 1 26 determined by the board pursuant to this subsection. The 1 27 board, after public hearing, shall determine, or shall adjust, 1 28 the cost factor to the greater of either an amount reasonably 1 29 calculated to generate an annual average revenue, year to 1 30 year, offifteenseventeen millionthree hundred thousand1 31 dollars from the charge, excluding penalties and interest, or 1 32 ten dollars. The board may determine or adjust the cost 1 33 factor at any time but shall at minimum determine the cost 1 34 factor at least once each fiscal year. 1 35 Sec. 3. Section 455B.304, subsection 15, Code 1995, is 2 1 amended by striking the subsection. 2 2 Sec. 4. Section 455B.471, subsection 2, Code 1995, is 2 3 amended by striking the subsection and inserting in lieu 2 4 thereof the following: 2 5 2. "Corrective action" means an action taken to reduce, 2 6 minimize, eliminate, clean up, control, or monitor a release 2 7 to protect the public health and safety or the environment. 2 8 Corrective action includes, but is not limited to, excavation 2 9 of an underground storage tank for purposes of repairing a 2 10 leak or removal of a tank, removal of contaminated soil, 2 11 disposal or processing of contaminated soil, cleansing of 2 12 groundwaters or surface waters, natural biodegradation, 2 13 institutional controls, and site management practices. 2 14 Corrective action does not include replacement of an 2 15 underground storage tank. Corrective action specifically 2 16 excludes third-party liability. 2 17 Sec. 5. Section 455B.474, subsection 1, paragraph d, 2 18 subparagraph (2), subparagraph subdivision (a), unnumbered 2 19 paragraph 1, Code 1995, is amended by striking the unnumbered 2 20 paragraph and inserting in lieu thereof the following: 2 21 A site shall be considered high risk when it is determined 2 22 that contamination from the site presents an unreasonable risk 2 23 to public health and safety or the environment under any of 2 24 the following conditions: 2 25 Sec. 6. Section 455B.474, subsection 1, paragraph d, 2 26 subparagraph (2), subparagraph subdivision (d), Code 1995, is 2 27 amended by striking the subparagraph subdivision and inserting 2 28 in lieu thereof the following: 2 29 (d) For purposes of classifying a site as either low risk 2 30 or no action required, the department shall rely upon the 2 31 example tier one risk-based screening level look-up table of 2 32 the American society for testing of materials' emergency 2 33 standard, ES38-94, or other look-up table as determined by the 2 34 department by rule. 2 35 Sec. 7. Section 455B.474, subsection 1, paragraph d, 3 1 subparagraph (2), Code 1995, is amended by adding the 3 2 following new subparagraph subdivision: 3 3 NEW SUBPARAGRAPH SUBDIVISION. (e) A site cleanup report 3 4 which classifies a site as either high risk, low risk, or no 3 5 action required shall be submitted by a groundwater 3 6 professional to the department with a certification that the 3 7 report complies with the provisions of this chapter and rules 3 8 adopted by the department. The report shall be determinative 3 9 of the appropriate classification of the site. However, if 3 10 the report is found to be inaccurate or incomplete, and if 3 11 based upon information in the report the risk classification 3 12 of the site cannot be reasonably determined by the department 3 13 based upon industry standards, the department shall work with 3 14 the groundwater professional to obtain the additional 3 15 information necessary to appropriately classify the site. A 3 16 groundwater professional who knowingly or intentionally makes 3 17 a false statement or misrepresentation which results in a 3 18 mistaken classification of a site shall be guilty of a serious 3 19 misdemeanor and shall have the groundwater professional's 3 20 certification revoked under section 455G.18. 3 21 Sec. 8. Section 455B.474, subsection 1, paragraph f, 3 22 subparagraphs (4), (5), and (6), Code 1995, are amended by 3 23 striking the subparagraphs and inserting in lieu thereof the 3 24 following: 3 25 (4) High risk sites shall be addressed pursuant to a 3 26 corrective action design report, as submitted by a groundwater 3 27 professional and as accepted by the department. The 3 28 corrective action design report shall determine the most 3 29 appropriate response to the high risk conditions presented. 3 30 The appropriate corrective action response shall be based upon 3 31 industry standards and shall take into account the following: 3 32 (a) The extent of remediation required to reclassify the 3 33 site as a low risk site. 3 34 (b) The most appropriate exposure scenarios based upon 3 35 residential, commercial, or industrial use or other predefined 4 1 industry accepted scenarios. 4 2 (c) Exposure pathway characterizations including 4 3 contaminant sources, transport mechanisms, and exposure 4 4 pathways. 4 5 (d) Affected human or environmental receptors and exposure 4 6 scenarios based on current and projected use scenarios. 4 7 (e) Risk-based corrective action assessment principles 4 8 which identify the risks presented to the public health and 4 9 safety or the environment by each release in a manner that 4 10 will protect the public health and safety or the environment 4 11 using a tiered procedure consistent with the American society 4 12 for testing of materials' emergency standard, ES38-94. 4 13 (f) Other relevant site specific factors such as the 4 14 feasibility of available technologies, existing background 4 15 contaminant levels, current and planned future uses, 4 16 ecological, aesthetic, and other relevant criteria, and the 4 17 applicability and availability of engineering and 4 18 institutional controls. 4 19 (g) Remediation shall not be required on a site that does 4 20 not present an increased cancer risk at the point of exposure 4 21 of one in one million for residential areas or one in ten 4 22 thousand for nonresidential areas. 4 23 (5) A corrective action design report, submitted by a 4 24 groundwater professional shall be accepted by the department 4 25 and shall be primarily relied upon by the department to 4 26 determine the corrective action response requirements of the 4 27 site. However, if the corrective action design report is 4 28 found to be inaccurate or incomplete, and if based upon 4 29 information in the report the appropriate corrective action 4 30 response cannot be reasonably determined by the department 4 31 based upon industry standards, the department shall work with 4 32 the groundwater professional to obtain the additional 4 33 information necessary to appropriately determine the 4 34 corrective action response requirements. A groundwater 4 35 professional who knowingly or intentionally makes a false 5 1 statement or misrepresentation which results in an improper or 5 2 incorrect corrective action response shall be guilty of a 5 3 serious misdemeanor and shall have the groundwater 5 4 professional's certification revoked under section 455G.18. 5 5 (6) Low risk sites shall be monitored as deemed necessary 5 6 by the department consistent with industry standards. 5 7 Monitoring shall not be required on a site which has received 5 8 a no further action certificate. 5 9 Sec. 9. Section 455B.474, subsection 1, paragraph f, Code 5 10 1995, is amended by adding the following new subparagraphs: 5 11 NEW SUBPARAGRAPH. (6A) Corrective action, for the release 5 12 of a regulated substance from an underground storage tank 5 13 required to maintain financial responsibility under chapter 5 14 455G, which occurs on or after January 1, 1996, shall be in 5 15 accordance with corrective action rules of the department 5 16 existing on January 1, 1995, rather than pursuant to this 5 17 paragraph "f". 5 18 NEW SUBPARAGRAPH. (6B) An owner or operator may elect to 5 19 proceed with additional corrective action on the site. 5 20 However, any action taken in addition to that required 5 21 pursuant to this paragraph "f" shall be solely at the expense 5 22 of the owner or operator and shall not be considered 5 23 corrective action for purposes of section 455G.9. 5 24 Sec. 10. Section 455B.474, subsection 1, paragraph h, Code 5 25 1995, is amended by striking the paragraph and inserting in 5 26 lieu thereof the following: 5 27 h. Issuing a no further action certificate or a monitoring 5 28 certificate to the owner or operator of an underground storage 5 29 tank site. 5 30 (1) A no further action certificate shall be issued by the 5 31 department for a site which has been classified as a no 5 32 further action site or which has been reclassified pursuant to 5 33 completion of a corrective action plan or monitoring plan to 5 34 be a no further action site. 5 35 (2) A monitoring certificate shall be issued by the 6 1 department for a site which does not require remediation, but 6 2 does require monitoring of the site. 6 3 (3) A certificate may be recorded with the county 6 4 recorder. The owner or operator of a site who has been issued 6 5 a certificate under this paragraph "h" or a subsequent 6 6 purchaser of the site shall not be required to perform further 6 7 corrective action solely because action standards are changed 6 8 at a later date. A certificate shall not prevent the 6 9 department from ordering corrective action of a new release. 6 10 Sec. 11. Section 455G.3, subsection 1, Code 1995, is 6 11 amended to read as follows: 6 12 1. The Iowa comprehensive petroleum underground storage 6 13 tank fund is created as a separate fund in the state treasury, 6 14 and any funds remaining in the fund at the end of each fiscal 6 15 year shall not revert to the general fund but shall remain in 6 16 the Iowa comprehensive petroleum underground storage tank 6 17 fund. Interest or other income earned by the fund shall be 6 18 deposited in the fund. The fund shall include moneys credited 6 19 to the fund under this section and sections 423.24, subsection 6 20 1, paragraph "a", subparagraph (1), 455G.8, 455G.9, 455G.10, 6 21 and 455G.11,and 455G.13,and other funds which by law may be 6 22 credited to the fund. The moneys in the fund are appropriated 6 23 to and for the purposes of the board as provided in this 6 24 chapter. Amounts in the fund shall not be subject to 6 25 appropriation for any other purpose by the general assembly, 6 26 but shall be used only for the purposes set forth in this 6 27 chapter. The treasurer of state shall act as custodian of the 6 28 fund and disburse amounts contained in it as directed by the 6 29 board including automatic disbursements of funds as received 6 30 pursuant to the terms of bond indentures and documents and 6 31 security provisions to trustees and custodians. The treasurer 6 32 of state is authorized to invest the funds deposited in the 6 33 fund at the direction of the board and subject to any 6 34 limitations contained in any applicable bond proceedings. The 6 35 income from such investment shall be credited to and deposited 7 1 in the fund. The fund shall be administered by the board 7 2 which shall make expenditures from the fund consistent with 7 3 the purposes of the programs set out in this chapter without 7 4 further appropriation. The fund may be divided into different 7 5 accounts with different depositories as determined by the 7 6 board and to fulfill the purposes of this chapter. 7 7 Sec. 12. Section 455G.3, subsection 3, Code 1995, is 7 8 amended by adding the following new paragraph: 7 9 NEW PARAGRAPH. d. To establish a marketability fund for 7 10 the purposes as stated in section 455G.21. 7 11 Sec. 13. Section 455G.6, subsection 4, Code 1995, is 7 12 amended to read as follows: 7 13 4. Grant a mortgage, lien, pledge, assignment, or other 7 14 encumbrance on one or more improvements, revenues, asset of 7 15 right, accounts, or funds established or received in 7 16 connection with the fund, including revenues derived from the 7 17 use taximposedunderchapter 423section 423.24, subsection 7 18 1, paragraph "a", subparagraph (1), and deposited in the fund 7 19 or an account of the fund. 7 20 Sec. 14. Section 455G.8, subsection 2, Code 1995, is 7 21 amended to read as follows: 7 22 2. USE TAX. The revenues derived from the use tax imposed 7 23 under chapter 423. The proceeds of the use tax under section 7 24 423.24, subsection 1, paragraph "a", subparagraph (1), shall 7 25 be allocated, consistent with this chapter, among the fund's 7 26 accounts, for debt service and other fund expenses, according 7 27 to the fund budget, resolution, trust agreement, or other 7 28 instrument prepared or entered into by the board or authority 7 29 under direction of the board. The proceeds of the use tax 7 30 under section 423.24, subsection 1, paragraph "a", 7 31 subparagraph (2), shall be allocated in accordance with 7 32 section 455G.21. 7 33 Sec. 15. Section 455G.8, subsection 5, Code 1995, is 7 34 amended to read as follows: 7 35 5. COST RECOVERY ENFORCEMENT. Cost recovery enforcement 8 1 net proceeds as provided by section 455G.13 shall be allocated 8 2among the fund's accounts as directed by the boardto the 8 3 innocent landowners fund created under section 455G.21, 8 4 subsection 2, paragraph "a". When federal cleanup funds are 8 5 recovered, the funds are to be deposited to the remedial 8 6 account of the fund and used solely for the purpose of future 8 7 cleanup activities. 8 8 Sec. 16. Section 455G.9, subsection 4, paragraph a, Code 8 9 1995, is amended to read as follows: 8 10 a. An owner or operator who reports a release to the 8 11 department of natural resources after May 5, 1989, and on or 8 12 before October 26, 1990, shall be required to pay the 8 13 following copayment amounts: 8 14 (1) If the owner or operator has a net worth of one 8 15 hundred thousand dollars or less and owns no more than one 8 16 site, the owner or operator shall pay no more than eighteen 8 17 percent of the total costs of corrective action for that 8 18 release. For purposes of this subparagraph, "net worth" means 8 19 the fair market value of the site, which shall include an 8 20 adjustment for anticipated benefits under this section. 8 21(1)(2) If a site's total anticipated expenses are not 8 22 reserved for more than, or actual expenses do not exceed, 8 23 eighty thousand dollars, the owner or operator shall pay the 8 24 greater of five thousand dollars or eighteen percent of the 8 25 total costs of corrective action for that release. 8 26(2)(3) If a site's total anticipated expenses are 8 27 reserved for more than, or actual expenses exceed, eighty 8 28 thousand dollars, the owner or operator shall pay the amount 8 29 as designated in subparagraph(1)(2) plus thirty-five percent 8 30 of the total costs of the corrective action for that release 8 31 which exceed eighty thousand dollars. 8 32 Sec. 17. Section 455G.9, subsection 5, Code 1995, is 8 33 amended by striking the subsection. 8 34 Sec. 18. Section 455G.10, subsections 1, 3, 5, and 6, Code 8 35 1995, are amended to read as follows: 9 1 1. The board may create a loan guarantee account to offer 9 2 loan guaranteesto small businessesfor the following 9 3 purposes: 9 4 a. All or a portion of the expenses incurred by the 9 5 applicantsmall businessfor its share of corrective action. 9 6 b. Tank and monitoring equipment improvements necessary to 9 7 satisfy federal technical standards to become insurable. 9 8 c. Capital improvements made on a tank site. 9 9 d. Purchase of a leaking underground storage tank site. 9 10 Moneys from the revenues derived from the use taximposed9 11 underchapter 423section 423.24, subsection 1, paragraph "a", 9 12 subparagraph (1), may be used to fund the loan guarantee 9 13 account according to the fund budget as approved by the board. 9 14 Loan guarantees shall be made on terms and conditions 9 15 determined by the board to be reasonable, except that in no 9 16 case may a loan guarantee satisfy more than ninety percent of 9 17 the outstanding balance of a loan. 9 18 3. The board shall administer the loan guarantee account. 9 19 The board may delegate administration of the account, provided 9 20 that the administrator is subject to the board's direct 9 21 supervision and direction. The board shall adopt rules 9 22 regarding the provision of loan guaranteesto financially9 23qualified small businesses for the purposes permitted by9 24subsection 1. The board may impose such terms and conditions 9 25 as it deems reasonable and necessary or appropriate. The 9 26 board shall take appropriate steps to publicize the existence 9 27 of the loan account. 9 28The benefits under this section shall be available to small9 29businesses entering into the petroleum business.9 30 5. As a condition of eligibility for financial assistance 9 31 from the loan guarantee account,a small businessan applicant 9 32 shall demonstrate satisfactory attempts to obtain financing 9 33 from private lending sources. When applying for loan 9 34 guarantee account assistance, thesmall businessapplicant 9 35 shall demonstrate good faith attempts to obtain financing from 10 1 at least two financial institutions. The board may first 10 2 refer a tank owner or operator to a financial institution 10 3 eligible to participate in the fund under section 455G.16; 10 4 however, if no such financial institution is currently willing 10 5 or able to make the required loan, thesmall business10 6 applicant shall determine if any of the previously contacted 10 7 financial institutions would make the loan in participation 10 8 with the loan guarantee account. The loan guarantee account 10 9 may offer to guarantee a loan, or provide other forms of 10 10 financial assistance to facilitate a private loan. 10 11 6. The maturity for each financial assistance package made 10 12 by the board pursuant to this chapter shall be the shortest 10 13 feasible term commensurate with the repayment ability of the 10 14small businessborrower. However, the maturity date of a loan 10 15 shall not exceed twenty years and the guarantee is ineffective 10 16 beyond the agreed term of the guarantee or twenty years from 10 17 initiation of the guarantee, whichever term is shorter. 10 18 Sec. 19. Section 455G.11, subsection 3, paragraph c, Code 10 19 1995, is amended to read as follows: 10 20 c. The applicant certifies in writing to the board that 10 21 the tank to be insured will be brought into compliance with 10 22 either paragraph "a" or "b", on or beforeJanuary 1, 199510 23 December 22, 1998, provided that prior to the provision of 10 24 insurance account coverage, the tank site tests release free. 10 25 An owner or operator who fails to comply as certified to the 10 26 board on or beforeJanuary 1, 1995December 22, 1998, shall 10 27 not insure that tank through the insurance account unless and 10 28 until the tank satisfies the requirements of paragraph "a" or 10 29 "b". An owner or operator who fails to comply with either 10 30 paragraph "a" or "b" by October 26, 1993, or who fails to 10 31 enter into a contract on or before October 26, 1993, which, 10 32 upon completion, will bring the owner or operator into 10 33 compliance with either paragraph "a" or "b" byJanuary 1,10 341995, shall payDecember 22, 1998, may be eligible for 10 35 financial assurance under this section but shall be subject to 11 1 an additional surcharge offoureight hundred dollars per tank 11 2 in addition to payment of a premium that is equal to two times 11 3 the cost of the premium required under subsection 4, paragraph 11 4 "g", per insured time period. 11 5 Sec. 20. Section 455G.11, subsection 4, paragraph g, Code 11 6 1995, is amended by adding the following new unnumbered 11 7 paragraph: 11 8 NEW UNNUMBERED PARAGRAPH. Tanks receiving financial 11 9 assurance pursuant to subsection 3, paragraph "c", shall not 11 10 be included in the general tank population for purposes of 11 11 determining actuarially sound premiums under this paragraph. 11 12 Sec. 21. Section 455G.11, subsection 5, paragraph a, Code 11 13 1995, is amended by striking the paragraph and inserting in 11 14 lieu thereof the following: 11 15 a. The payment of claims filed prior to the effective date 11 16 of any future repeal, against the insurance account until 11 17 moneys in the account are exhausted. Upon exhaustion of the 11 18 moneys in the account, any remaining claims shall be invalid. 11 19 Sec. 22. Section 455G.11, subsection 10, paragraph a, Code 11 20 1995, is amended to read as follows: 11 21 a. ADDITIONAL CLEANUP REQUIREMENTS. An owner, operator, 11 22 landowner, or financial institution may purchase insurance 11 23 coverage under the insurance account to cover environmental 11 24 damage caused by a tank in the event that governmental action 11 25 requires additional cleanup beyondaction level standards in11 26effectthat which was required at the time acertificate of11 27clean was issued under section 455B.304, subsection 15,no 11 28 further action certificate or a monitoring certificate was 11 29 issued under section 455B.474, subsection 1, paragraph "h". 11 30 Sec. 23. Section 455G.11, subsection 10, paragraph b, 11 31 subparagraphs (1) and (4), Code 1995, are amended to read as 11 32 follows: 11 33 (1) Acertificate of clean has been issued for the site11 34under section 455B.304, subsection 15,no further action 11 35 certificate or a monitoring certificate has been issued for 12 1 the site under section 455B.474, subsection 1, paragraph "h". 12 2 Property transfer coverage shall be effective on a monitored 12 3 site only for the time period for which monitoring is allowed 12 4 as specified in the monitoring certificate. A site which has 12 5 not been issued a no further action certificateof clearor a 12 6 monitoring certificate shall not be eligible for property 12 7 transfer coverage. 12 8 (4) The additional cleanup isrequired to meet new12 9corrective action level standardsmandated by governmental 12 10 action requiring cleanup beyond that which was required at the 12 11 time a no further action certificate or a monitoring 12 12 certificate under section 455B.474, subsection 1, paragraph 12 13 "h", was issued for a site. 12 14 Sec. 24. Section 455G.11, subsection 10, paragraph d, 12 15 subparagraph (5), Code 1995, is amended by striking the 12 16 subparagraph. 12 17 Sec. 25. Section 455G.11, subsection 10, paragraph h, Code 12 18 1995, is amended by striking the paragraph. 12 19 Sec. 26. Section 455G.13, subsection 1, Code 1995, is 12 20 amended to read as follows: 12 21 1.FULLRECOVERY SOUGHT FROM OWNER. The boardshallmay 12 22 seekfullrecovery from the owner, operator, or other 12 23 potentially responsible party liable for the released 12 24 petroleum which is the subject of a corrective action, for 12 25 which the fund expends moneys from the remedial account for 12 26 corrective action or third-party liability, and for all other 12 27 costs, including reasonable and necessary attorney fees and 12 28 costs of litigation for which moneys are expended by the fund 12 29 in connection with the release. The liability of the owner, 12 30 operator or other potentially responsible party is limited to 12 31 that percentage of the released petroleum which was the 12 32 subject of the corrective action and which the board by a 12 33 preponderance of the evidence, demonstrates was released by 12 34 the owner, operator, or other potentially responsible party. 12 35 When federal cleanup funds are recovered, the funds are to be 13 1 deposited to the remedial account of the fund and used solely 13 2 for the purpose of future cleanup activities. 13 3 Sec. 27. Section 455G.18, Code 1995, is amended to read as 13 4 follows: 13 5 455G.18 GROUNDWATER PROFESSIONALS &endash;REGISTRATION13 6 CERTIFICATION. 13 7 1. The department of natural resources shall adopt rules 13 8 pursuant to chapter 17A requiringthatthe certification of 13 9 groundwater professionalsregister with the department of13 10natural resources. The rules shall include provisions for 13 11 suspension or revocation ofregistrationcertification for 13 12 good cause. The administrator of the fund shall administer 13 13 the certification program. 13 14 2. A groundwater professional is a person who provides 13 15 subsurface soil contamination and groundwater consulting 13 16 services or who contracts to perform remediation or corrective 13 17 action services and is one or more of the following: 13 18 a. A person certified by the American institute of 13 19 hydrology, the national water well association, the American 13 20 board of industrial hygiene, or the association of groundwater 13 21 scientists and engineers. 13 22 b. A professional engineer registered in Iowa. 13 23 c. A professional geologist certified by a national 13 24 organization. 13 25 d. Any person who has five years of direct and related 13 26 experience and training as a groundwater professional or in 13 27 the field of earth sciences as of June 10, 1991. 13 28 e. Any other person with a license, certification, or 13 29 registration to practice hydrogeology or groundwater hydrology 13 30 issued by any state in the United States or by any national 13 31 organization, provided that the license, certification, or 13 32 registration process requires, at a minimum, all of the 13 33 following: 13 34 (1) Possession of a bachelor's degree from an accredited 13 35 college. 14 1 (2) Five years of related professional experience. 14 2 3. The department of natural resources may provide for a 14 3 civil penalty of no more than fifty dollars forthefailure to 14 4registerobtain certification. An interested person may 14 5 obtain a list ofregistrantscertified groundwater 14 6 professionals from the department of natural resources. The 14 7 department of natural resources may impose a fee for the 14 8registrationcertification of persons under this section. 14 9 4. Theregistrationcertification of groundwater 14 10 professionals shall not impose liability on the board, the 14 11 department, or the fund for any claim or cause of action of 14 12 any nature, based on the action or inaction of groundwater 14 13 professionalsregisteredcertified pursuant to this section. 14 14 5. Any person who was not previously registered as a 14 15 groundwater professional who requests certification under this 14 16 section, after January 1, 1996, shall be required to attend a 14 17 course of instruction and pass a certification examination. 14 18 The administrator of the fund shall hold certification courses 14 19 and offer examinations. An applicant who successfully passes 14 20 the examination shall be certified as a groundwater 14 21 professional. 14 22 6. A groundwater professional who was registered prior to 14 23 January 1, 1996, shall not be required to attend the course of 14 24 instruction but shall be required to pass the certification 14 25 examination by January 1, 1997. 14 26 7. All groundwater professionals shall be required to 14 27 complete continuing education requirements as adopted by rule 14 28 by the department. 14 29 8. The board may provide for exemption from the 14 30 certification requirements of this section for a professional 14 31 engineer registered pursuant to chapter 542B, if the person is 14 32 qualified in the field of geotechnical, hydrological, 14 33 environmental groundwater, or hydrogeological engineering. 14 34 9. Notwithstanding the certification requirements of this 14 35 section, a site cleanup report or corrective action design 15 1 report submitted by a registered groundwater professional 15 2 shall be accepted by the department in accordance with 15 3 sections 455B.474, subsection 1, paragraph "d", subparagraph 15 4 (2), subparagraph subdivision (e), and paragraph "f", 15 5 subparagraph (5). 15 6 Sec. 28. NEW SECTION. 455G.21 MARKETABILITY FUND. 15 7 1. A marketability fund is created as a separate fund in 15 8 the state treasury under the control of the board. The board 15 9 shall administer the marketability fund. Notwithstanding 15 10 section 8.33, moneys remaining in the marketability fund at 15 11 the end of each fiscal year shall not revert to the general 15 12 fund but shall remain in the marketability fund. The 15 13 marketability fund shall include the following: 15 14 a. Moneys allocated to the fund pursuant to section 15 15 423.24, subsection 1, paragraph "a", subparagraph (2). 15 16 b. Notwithstanding section 12C.7, interest earned by the 15 17 marketability fund or other income specifically allocated to 15 18 the marketability fund. 15 19 2. The marketability fund shall be used for the following 15 20 purposes: 15 21 a. Five million dollars per year shall be allocated to the 15 22 innocent landowners fund which shall be established as a 15 23 separate fund in the state treasury under the control of the 15 24 board. The innocent landowners fund shall also include any 15 25 moneys recovered pursuant to cost recovery enforcement under 15 26 section 455G.13. Notwithstanding section 455G.1, subsection 15 27 2, benefits for the costs of corrective action shall be 15 28 provided to the owner of a petroleum contaminated property, 15 29 who is not otherwise eligible to receive benefits under 15 30 section 455G.9. An owner of a petroleum contaminated property 15 31 shall be eligible for payment of total corrective action costs 15 32 subject to copayment requirements under section 455G.9, 15 33 subsection 4, paragraph "a", subparagraphs (1) and (2). The 15 34 board may adopt rules conditioning receipt of benefits under 15 35 this paragraph to those petroleum contaminated properties 16 1 which present a higher degree of risk to the public health and 16 2 safety or the environment and may adopt rules providing for 16 3 denial of benefits under this paragraph to a person who did 16 4 not make a good faith attempt to comply with the provisions of 16 5 this chapter. This paragraph does not confer a legal right to 16 6 an owner of petroleum contaminated property for receipt of 16 7 benefits under this paragraph. 16 8 b. The remainder of the moneys shall be used for payment 16 9 of remedial benefits as provided in section 455G.9. 16 10 3. Moneys in the fund shall not be used for purposes of 16 11 bonding or providing security for bonding under chapter 455G. 16 12 Sec. 29. REPEAL. 16 13 1. Section 423.24, subsection 1, paragraph "a", 16 14 subparagraph (2) is repealed on January 1, 2003. 16 15 2. Section 455G.19, Code 1995, is repealed. 16 16 Sec. 30. DEPARTMENTAL RULES. 16 17 1. In adopting the rules to implement the amendments to 16 18 section 455B.474, contained in this Act, the environmental 16 19 protection commission shall: 16 20 a. Direct the department to work jointly with a technical 16 21 advisory committee to prepare a draft of these rules and 16 22 standards for the commission's consideration. 16 23 (1) The technical advisory committee members shall consist 16 24 of the following: 16 25 (a) The chairperson of the Iowa environmental council or 16 26 the chairperson's designee. 16 27 (b) The managing director of the petroleum marketers of 16 28 Iowa or the managing director's designee. 16 29 (c) The executive director of the Iowa league of cities or 16 30 the executive director's designee. 16 31 (d) The president of the Iowa groundwater association or 16 32 the president's designee who is a groundwater professional 16 33 pursuant to section 455G.18. 16 34 (e) The executive director of the Iowa petroleum council 16 35 or the executive director's designee. 17 1 (f) The executive director of the consulting engineers of 17 2 Iowa or the executive director's designee who is a registered 17 3 engineer. 17 4 (g) The executive director of the Iowa association of 17 5 business and industry or the executive director's designee. 17 6 (h) The administrator of the Iowa comprehensive petroleum 17 7 underground storage tank fund board. 17 8 (2) The technical advisory committee shall: 17 9 (a) Draw upon the technical expertise of its members' 17 10 constituent organizations. 17 11 (b) Submit a written report jointly with the department of 17 12 natural resources to the environmental protection commission 17 13 concerning rules and standards to implement section 455B.474, 17 14 as amended by this Act, by October 15, 1995. 17 15 (3) The technical advisory committee shall cease to exist 17 16 when final rules referred to in subparagraph (2) are adopted 17 17 by the environmental protection commission. 17 18 b. File a notice of intended action with the 17 19 administrative rules review committee by November 15, 1995. 17 20 2. In implementing the amendments to section 455B.474 17 21 contained in this Act, the department: 17 22 a. May allow but shall not require revision, modification, 17 23 or replacement of any site cleanup report, site assessment, or 17 24 remedial investigation previously accepted by the department. 17 25 b. Shall collect information from historical records, 17 26 visual inspections, and minimal site assessment data in order 17 27 to determine whether the release is appropriate for regulatory 17 28 concern and whether a site cleanup report is required. 17 29 c. Shall take steps to assure that department staff is 17 30 adequately trained to implement and utilize the standards 17 31 being enacted pursuant to this section by January 1, 1996. In 17 32 preparing its staff, the department shall utilize, to the 17 33 fullest extent possible, training and funding programs offered 17 34 by the United States environmental protection agency, the 17 35 American society for testing and materials (ASTM), or other 18 1 appropriate entities. 18 2 3. During the period of time from the enactment of this 18 3 Act until such time as the rules implementing the amendments 18 4 to section 455B.474, contained in this Act, become effective, 18 5 the department of natural resources may require an owner or 18 6 operator to proceed with corrective action only if the action 18 7 is necessary to protect public health and safety or the 18 8 environment. An owner or operator may elect to proceed with 18 9 corrective action pursuant to rules of the department existing 18 10 on January 1, 1995, until such time as the rules implementing 18 11 the amendments to section 455B.474, contained in this Act, 18 12 become effective. However, the board may refuse to pay 18 13 corrective action costs on a site during the interim period if 18 14 it is likely that the site would be reclassified as a lower 18 15 risk site when the rules implementing risk-based corrective 18 16 action standards become effective. 18 17 Sec. 31. STUDY. 18 18 1. The Iowa comprehensive petroleum underground storage 18 19 tank fund board shall study the following issues: 18 20 a. Privatization of all or a portion of the insurance 18 21 program under section 455G.11. 18 22 b. Expansion of innocent landowner benefits under section 18 23 455G.21. 18 24 2. The board shall provide the general assembly with the 18 25 study's report and recommendations by January 1, 1996. 18 26 Sec. 32. APPLICABILITY. The section of this Act that 18 27 amends section 455G.13, subsection 1, applies to all cases 18 28 that are tried on or after the effective date of this Act. 18 29 Sec. 33. RETROACTIVE APPLICABILITY. Sections 19 and 20 of 18 30 this Act, which amend section 455G.11, subsections 3 and 4, 18 31 apply retroactively to January 1, 1995. 18 32 Sec. 34. EFFECTIVE DATE. Sections 3 through 10, sections 18 33 17 through 25, sections 27, and 28, section 29, subsection 2, 18 34 and sections 30, 31, and 33, being deemed of immediate 18 35 importance, take effect upon enactment. Sections 1 and 2, 19 1 sections 11 through 14, and section 29, subsection 1, are 19 2 effective July 1, 1995. Section 28 is effective January 1, 19 3 1996. Sections 15 and 26 of this Act, being deemed of 19 4 immediate importance, take effect upon enactment. 19 5 HF 508 19 6 js/pk/25
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