Text: S03649                            Text: S03651
Text: S03600 - S03699                   Text: S Index
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Senate Amendment 3650

Amendment Text

PAG LIN
  1  1    Amend Senate File 413 as follows:
  1  2    #1.  Page 1, by striking lines 11 through 14 and
  1  3 inserting the following:
  1  4    "(2)  Beginning January 1, 1996, through December
  1  5 31, 1997, two million five hundred thousand dollars
  1  6 per quarter, shall be deposited into and credited to
  1  7 the Iowa comprehensive petroleum underground storage
  1  8 tank marketability fund created in section 455G.21.
  1  9 Beginning January 1, 1998, through December 31, 2002,
  1 10 four million two hundred fifty thousand dollars per
  1 11 quarter, shall be deposited into and credited to the
  1 12 Iowa comprehensive petroleum underground storage tank
  1 13 marketability fund created in section 455G.21.  The
  1 14 moneys so deposited".
  1 15    #2.  Page 1, line 20, by striking the letter "a."
  1 16    #3.  By striking page 1, line 30, through page 2,
  1 17 line 1.
  1 18    #4.  Page 2, line 31, by striking the word
  1 19 "reclassifying" and inserting the following:
  1 20 "classifying".
  1 21    #5.  Page 4, by inserting after line 20 the
  1 22 following:
  1 23    "(g)  Remediation shall not be required on a site
  1 24 that does not present an increased cancer risk at the
  1 25 point of exposure of one in one million for
  1 26 residential areas or one in ten thousand for
  1 27 nonresidential areas."
  1 28    #6.  Page 6, line 19, by striking the figures and
  1 29 word "455G.11, and 455G.13," and inserting the
  1 30 following:  "and 455G.11, and 455G.13,".
  1 31    #7.  Page 7, by inserting after line 30 the
  1 32 following:
  1 33    "Sec. 100.  Section 455G.8, subsection 5, Code
  1 34 1995, is amended to read as follows:
  1 35    5.  COST RECOVERY ENFORCEMENT.  Cost recovery
  1 36 enforcement net proceeds as provided by section
  1 37 455G.13 shall be allocated among the fund's accounts
  1 38 as directed by the board to the innocent landowners
  1 39 fund created under section 455G.21, subsection 2,
  1 40 paragraph "a".  When federal cleanup funds are
  1 41 recovered, the funds are to be deposited to the
  1 42 remedial account of the fund and used solely for the
  1 43 purpose of future cleanup activities."
  1 44    #8.  Page 11, by inserting after line 17 the
  1 45 following:
  1 46    "Sec. 101.  Section 455G.13, subsection 1, Code
  1 47 1995, is amended to read as follows:
  1 48    1.  FULL RECOVERY SOUGHT FROM OWNER.  The board
  1 49 shall may seek full recovery from the owner, operator,
  1 50 or other potentially responsible party liable for the
  2  1 released petroleum which is the subject of a
  2  2 corrective action, for which the fund expends moneys
  2  3 from the remedial account for corrective action or
  2  4 third-party liability, and for all other costs,
  2  5 including reasonable and necessary attorney fees and
  2  6 costs of litigation for which moneys are expended by
  2  7 the fund in connection with the release.  The
  2  8 liability of the owner, operator or other potentially
  2  9 responsible party is limited to that percentage of the
  2 10 released petroleum which was the subject of the
  2 11 corrective action and which the board by a
  2 12 preponderance of the evidence, demonstrates was
  2 13 released by the owner, operator, or other potentially
  2 14 responsible party.  When federal cleanup funds are
  2 15 recovered, the funds are to be deposited to the
  2 16 remedial account of the fund and used solely for the
  2 17 purpose of future cleanup activities."
  2 18    #9.  Page 13, by inserting after line 8 the
  2 19 following:
  2 20    "7A.  The board may provide for exemption from the
  2 21 certification requirements of this section for a
  2 22 professional engineer registered pursuant to chapter
  2 23 542B, if the person is qualified in the field of
  2 24 geotechnical, hydrological, environmental groundwater,
  2 25 or hydrogeological engineering."
  2 26    #10.  Page 13, line 23, by striking the word
  2 27 "moneys".
  2 28    #11.  Page 13, line 24, by striking the words
  2 29 "Seventeen million dollars per year" and inserting the
  2 30 following:  "Moneys allocated to the fund".
  2 31    #12.  Page 13, line 34, by inserting after the word
  2 32 "board." the following:  "The innocent landowners fund
  2 33 shall also include any moneys recovered pursuant to
  2 34 cost recovery enforcement under section 455G.13."
  2 35    #13.  Page 14, line 16, by striking the words
  2 36 "Twelve million dollars per year" and inserting the
  2 37 following:  "The remainder of the moneys".
  2 38    #14.  Page 14, by striking lines 22 and 23 and
  2 39 inserting the following:  "subparagraph (2) is
  2 40 repealed on January 1, 2003."
  2 41    #15.  Page 15, line 20, by inserting after the word
  2 42 "report" the following:  "jointly with the department
  2 43 of natural resources".
  2 44    #16.  Page 15, by striking line 25 and inserting
  2 45 the following:  "when final rules referred to in
  2 46 subparagraph (2) are adopted by the environmental
  2 47 protection commission."
  2 48    #17.  Page 16, line 2, by striking the word "Take"
  2 49 and inserting the following:  "Shall take".
  2 50    #18.  Page 16, by striking lines 10 through 12 and
  3  1 inserting the following:
  3  2    "3.  During the period of time from the enactment
  3  3 of this Act until such time as the rules implementing
  3  4 the amendments to section 455B.474, contained in this
  3  5 Act, become effective, the department of natural
  3  6 resources may require an owner or operator to proceed
  3  7 with corrective action only if the action is necessary
  3  8 to protect public health and safety or the
  3  9 environment.  An owner or operator may elect to
  3 10 proceed with corrective action pursuant to rules of
  3 11 the department existing on January 1, 1995, until such
  3 12 time as the rules implementing the amendments to
  3 13 section 455B.474, contained in this Act, become
  3 14 effective.  However, the board may refuse to pay
  3 15 corrective action costs on a site during the interim
  3 16 period if it is likely that the site would be
  3 17 reclassified as a lower risk site when the rules
  3 18 implementing risk-based corrective action standards
  3 19 become effective."
  3 20    #19.  Page 16, by inserting after line 21 the
  3 21 following:
  3 22    "Sec.    .  APPLICABILITY.  The section of this Act
  3 23 that amends section 455G.13, subsection 1, applies to
  3 24 all cases that are tried on or after the effective
  3 25 date of this Act."
  3 26    #20.  Page 16, line 26, by striking the figure "25"
  3 27 and inserting the following:  "24".
  3 28    #21.  Page 16, line 29, by inserting after the
  3 29 figure "1995." the following:  "Section 25 is
  3 30 effective January 1, 1996.  Sections 100 and 101 of
  3 31 this Act, being deemed of immediate importance, take
  3 32 effect upon enactment."
  3 33    #22.  Title page, line 5, by inserting after the
  3 34 word "requirements," the following:  "relating to cost
  3 35 recovery,".
  3 36    #23.  By renumbering as necessary.  
  3 37 
  3 38 
  3 39                              
  3 40 MICHAEL E. GRONSTAL
  3 41 SF 413.307 76
  3 42 js/cf
     

Text: S03649                            Text: S03651
Text: S03600 - S03699                   Text: S Index
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