Text: HF02338 Text: HF02340 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2339 1 2 1 3 AN ACT 1 4 RELATING TO LIMITS ON COVERAGE OF THE REMEDIAL ACCOUNT OF 1 5 THE IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE 1 6 TANK FUND, THE MINIMUM COPAYMENT PROVISIONS IN REGARD 1 7 TO THE REMEDIAL ACCOUNT, AND CREATING A NO FURTHER 1 8 ACTION FUND. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. Section 455G.3, subsection 3, Code 1997, is 1 13 amended by adding the following new paragraph: 1 14 NEW PARAGRAPH. e. To establish a no further action fund 1 15 for the purposes stated in section 455G.22. 1 16 Sec. 2. Section 455G.6, Code 1997, is amended by adding 1 17 the following new subsection: 1 18 NEW SUBSECTION. 17. Allocate moneys from the Iowa 1 19 comprehensive petroleum underground storage tank fund to the 1 20 no further action fund. 1 21 Sec. 3. Section 455G.9, subsection 1, paragraph a, 1 22 subparagraph (1), unnumbered paragraph 1, Code 1997, is 1 23 amended to read as follows: 1 24 Corrective action for an eligible release reported to the 1 25 department of natural resources on or after July 1, 1987, but 1 26 prior to May 5, 1989. Third-party liability is specifically 1 27 excluded from remedial account coverage. For a claim for a 1 28 releasefor a small businessunder this subparagraph, the 1 29 remedial program shall pay in accordance with subsection 4. 1 30For all other claims under this subparagraph, the remedial1 31program shall pay the lesser of fifty thousand dollars of the1 32total costs of corrective action for that release or total1 33corrective action costs for that release as determined under1 34subsection 4.For a release to be eligible for coverage under 1 35 this subparagraph the following conditions must be satisfied: 2 1 Sec. 4. Section 455G.9, subsection 1, paragraph a, 2 2 subparagraph (3), Code 1997, is amended to read as follows: 2 3 (3) Corrective action for an eligible release reported to 2 4 the department of natural resources on or after January 1, 2 5 1984, but prior to July 1, 1987. Third-party liability is 2 6 specifically excluded from remedial account coverage. For a 2 7 claim for a releasefor a small businessunder this 2 8 subparagraph, the remedial program shall pay in accordance 2 9 with subsection 4.For all other claims under this2 10subparagraph, the remedial program shall pay the lesser of2 11fifty thousand dollars of the total costs of corrective action2 12for that release or total corrective action costs for that2 13release as determined under subsection 4.For a release to be 2 14 eligible for coverage under this subparagraph the following 2 15 conditions must be satisfied: 2 16 Sec. 5. Section 455G.9, subsection 4, Code 1997, is 2 17 amended to read as follows: 2 18 4. Minimum copayment schedule. 2 19a.An owner or operatorwho reports a release to the2 20department of natural resources after May 5, 1989, and on or2 21before October 26, 1990,shall be required to paythe2 22following copayment amounts:2 23(1) If the owner or operator has a net worth of one2 24hundred thousand dollars or less and owns no more than one2 25site, the owner or operator shall pay no more than eighteen2 26percent of the total costs of corrective action for that2 27release. For purposes of this subparagraph, "net worth" means2 28the fair market value of the site, which shall include an2 29adjustment for anticipated benefits under this section.2 30(2) If a site's total anticipated expenses are not2 31reserved for more than, or actual expenses do not exceed,2 32eighty thousand dollars, the owner or operator shall paythe 2 33 greater of five thousand dollars or eighteen percent of the 2 34 first eighty thousand dollars of the total costs of corrective 2 35 action for that release. 3 1(3)If a site'stotal anticipated expenses are reserved3 2for more than, oractual expenses exceed,eighty thousand 3 3 dollars, theowner or operator shall pay the amount as3 4designated in subparagraph (2) plus thirty-five percent of the3 5total costs of the corrective action for that release which3 6exceed eighty thousand dollars.3 7b. Theremedial account shall pay the remainder, as 3 8 required by federal regulations, of the total costs of the 3 9 corrective action for that release, not to exceed one million 3 10 dollars, except that a county shall not be required to pay a 3 11 copayment in connection with a release situated on property 3 12 acquired in connection with delinquent taxes, as provided in 3 13 subsection 1, paragraph "d", unless subsequent to acquisition 3 14 the county actively operates a tank on the property for 3 15 purposes other than risk assessment, risk management, or tank 3 16 closure. 3 17 Sec. 6. Section 455G.21, subsection 2, paragraph a, Code 3 18 1997, is amended to read as follows: 3 19 a. Five million dollars per year shall be allocated to the 3 20 innocent landowners fund which shall be established as a 3 21 separate fund in the state treasury under the control of the 3 22 board. The innocent landowners fund shall also include any 3 23 moneys recovered pursuant to cost recovery enforcement under 3 24 section 455G.13. Notwithstanding section 455G.1, subsection 3 25 2, benefits for the costs of corrective action shall be 3 26 provided to the owner of a petroleum-contaminated property, 3 27 who is not otherwise eligible to receive benefits under 3 28 section 455G.9. An owner of a petroleum-contaminated property 3 29 shall be eligible for payment of total corrective action costs 3 30 subject to copayment requirements under section 455G.9, 3 31 subsection 4, paragraph "a", subparagraphs (1) and (2). The 3 32 board may adopt rules conditioning receipt of benefits under 3 33 this paragraph to those petroleum-contaminated properties 3 34 which present a higher degree of risk to the public health and 3 35 safety or the environment and may adopt rules providing for 4 1 denial of benefits under this paragraph to a person who did 4 2 not make a good faith attempt to comply with the provisions of 4 3 this chapter. This paragraph does not confer a legal right to 4 4 an owner of petroleum-contaminated property for receipt of 4 5 benefits under this paragraph. 4 6 Sec. 7. NEW SECTION. 455G.22 NO FURTHER ACTION FUND. 4 7 1. A no further action fund is created as a separate fund 4 8 in the state treasury under the control of and administered by 4 9 the board. Notwithstanding section 8.33, moneys remaining in 4 10 the no further action fund at the end of each fiscal year 4 11 shall not revert to the general fund of the state but shall 4 12 remain in the no further action fund. The no further action 4 13 fund shall include the following: 4 14 a. Ten million dollars allocated to the fund on July 1, 4 15 1998, from the Iowa comprehensive petroleum underground 4 16 storage tank fund created under section 455G.3. 4 17 b. Notwithstanding section 12C.7, interest earned by the 4 18 no further action fund or other moneys specifically allocated 4 19 to the no further action fund. 4 20 2. From the moneys in the fund, up to one hundred thousand 4 21 dollars per site may be used to reimburse the department for 4 22 corrective action as directed by the department under the 4 23 following conditions: 4 24 a. The corrective action is in response to high risk 4 25 conditions caused by a release for which the department has 4 26 issued a no further action certificate under section 455B.474. 4 27 b. The no further action certificate was issued after 4 28 January 31, 1997. 4 29 c. The department determines the high risk conditions are 4 30 not caused by a release which occurred after the issuance of 4 31 the no further action certificate. 4 32 3. Moneys in the no further action fund shall not be used 4 33 for the purposes of bonding or providing security for bonding 4 34 under this chapter. 4 35 4. This section does not confer a legal right to an owner 5 1 or operator of petroleum contaminated property or any other 5 2 person for receipt of benefits under this section. 5 3 5. Any funds remaining in the no further action fund on 5 4 June 30, 2006, which are not held in reserve for a claim 5 5 submitted pursuant to this section, and any funds which remain 5 6 on June 30, 2008, shall be credited to the road use tax fund. 5 7 5 8 5 9 5 10 RON J. CORBETT 5 11 Speaker of the House 5 12 5 13 5 14 5 15 MARY E. KRAMER 5 16 President of the Senate 5 17 5 18 I hereby certify that this bill originated in the House and 5 19 is known as House File 2339, Seventy-seventh General Assembly. 5 20 5 21 5 22 5 23 ELIZABETH ISAACSON 5 24 Chief Clerk of the House 5 25 Approved , 1998 5 26 5 27 5 28 5 29 TERRY E. BRANSTAD 5 30 Governor
Text: HF02338 Text: HF02340 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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