Text: HSB00570 Text: HSB00572 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455G.3, subsection 3, Code 1997, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. e. To establish a no further action fund 1 4 for the purposes stated in section 455G.22. 1 5 Sec. 2. Section 455G.6, Code 1997, is amended by adding 1 6 the following new subsection: 1 7 NEW SUBSECTION. 17. Allocate moneys from the Iowa 1 8 comprehensive petroleum underground storage tank fund to the 1 9 no further action fund. 1 10 Sec. 3. Section 455G.9, subsection 1, paragraph a, 1 11 subparagraph (1), unnumbered paragraph 1, Code 1997, is 1 12 amended to read as follows: 1 13 Corrective action for an eligible release reported to the 1 14 department of natural resources on or after July 1, 1987, but 1 15 prior to May 5, 1989. Third-party liability is specifically 1 16 excluded from remedial account coverage. For a claim for a 1 17 releasefor a small businessunder this subparagraph, the 1 18 remedial program shall pay in accordance with subsection 4. 1 19For all other claims under this subparagraph, the remedial1 20program shall pay the lesser of fifty thousand dollars of the1 21total costs of corrective action for that release or total1 22corrective action costs for that release as determined under1 23subsection 4.For a release to be eligible for coverage under 1 24 this subparagraph the following conditions must be satisfied: 1 25 Sec. 4. Section 455G.9, subsection 1, paragraph a, 1 26 subparagraph (3), Code 1997, is amended to read as follows: 1 27 (3) Corrective action for an eligible release reported to 1 28 the department of natural resources on or after January 1, 1 29 1984, but prior to July 1, 1987. Third-party liability is 1 30 specifically excluded from remedial account coverage. For a 1 31 claim for a releasefor a small businessunder this 1 32 subparagraph, the remedial program shall pay in accordance 1 33 with subsection 4.For all other claims under this1 34subparagraph, the remedial program shall pay the lesser of1 35fifty thousand dollars of the total costs of corrective action2 1for that release or total corrective action costs for that2 2release as determined under subsection 4.For a release to be 2 3 eligible for coverage under this subparagraph the following 2 4 conditions must be satisfied: 2 5 Sec. 5. Section 455G.9, subsection 4, Code 1997, is 2 6 amended to read as follows: 2 7 4. Minimum copayment schedule. 2 8a.An owner or operatorwho reports a release to the2 9department of natural resources after May 5, 1989, and on or2 10before October 26, 1990,shall be required to paythe2 11following copayment amounts:2 12(1) If the owner or operator has a net worth of one2 13hundred thousand dollars or less and owns no more than one2 14site, the owner or operator shall pay no more than eighteen2 15percent of the total costs of corrective action for that2 16release. For purposes of this subparagraph, "net worth" means2 17the fair market value of the site, which shall include an2 18adjustment for anticipated benefits under this section.2 19(2) If a site's total anticipated expenses are not2 20reserved for more than, or actual expenses do not exceed,2 21eighty thousand dollars, the owner or operator shall paythe 2 22 greater of five thousand dollars or eighteen percent of the 2 23 first eighty thousand dollars of the total costs of corrective 2 24 action for that release. 2 25(3)If a site'stotal anticipated expenses are reserved2 26for more than, oractual expenses exceed,eighty thousand 2 27 dollars, theowner or operator shall pay the amount as2 28designated in subparagraph (2) plus thirty-five percent of the2 29total costs of the corrective action for that release which2 30exceed eighty thousand dollars.2 31b. Theremedial account shall pay the remainder, as 2 32 required by federal regulations, of the total costs of the 2 33 corrective action for that release, not to exceed one million 2 34 dollars, except that a county shall not be required to pay a 2 35 copayment in connection with a release situated on property 3 1 acquired in connection with delinquent taxes, as provided in 3 2 subsection 1, paragraph "d", unless subsequent to acquisition 3 3 the county actively operates a tank on the property for 3 4 purposes other than risk assessment, risk management, or tank 3 5 closure. 3 6 Sec. 6. Section 455G.21, subsection 2, paragraph a, Code 3 7 1997, is amended to read as follows: 3 8 a. Five million dollars per year shall be allocated to the 3 9 innocent landowners fund which shall be established as a 3 10 separate fund in the state treasury under the control of the 3 11 board. The innocent landowners fund shall also include any 3 12 moneys recovered pursuant to cost recovery enforcement under 3 13 section 455G.13. Notwithstanding section 455G.1, subsection 3 14 2, benefits for the costs of corrective action shall be 3 15 provided to the owner of a petroleum-contaminated property, 3 16 who is not otherwise eligible to receive benefits under 3 17 section 455G.9. An owner of a petroleum-contaminated property 3 18 shall be eligible for payment of total corrective action costs 3 19 subject to copayment requirements under section 455G.9, 3 20 subsection 4, paragraph "a", subparagraphs (1) and (2). The 3 21 board may adopt rules conditioning receipt of benefits under 3 22 this paragraph to those petroleum-contaminated properties 3 23 which present a higher degree of risk to the public health and 3 24 safety or the environment and may adopt rules providing for 3 25 denial of benefits under this paragraph to a person who did 3 26 not make a good faith attempt to comply with the provisions of 3 27 this chapter. This paragraph does not confer a legal right to 3 28 an owner of petroleum-contaminated property for receipt of 3 29 benefits under this paragraph. 3 30 Sec. 7. NEW SECTION. 455G.22 NO FURTHER ACTION FUND. 3 31 1. A no further action fund is created as a separate fund 3 32 in the state treasury under the control of and administered by 3 33 the board. Notwithstanding section 8.33, moneys remaining in 3 34 the no further action fund at the end of each fiscal year 3 35 shall not revert to the general fund of the state but shall 4 1 remain in the no further action fund. The no further action 4 2 fund shall include the following: 4 3 a. Ten million dollars allocated to the fund on July 1, 4 4 1998, from the Iowa comprehensive petroleum underground 4 5 storage tank fund created under section 455G.3. 4 6 b. Notwithstanding section 12C.7, interest earned by the 4 7 no further action fund or other moneys specifically allocated 4 8 to the no further action fund. 4 9 2. From the moneys in the fund, up to one hundred thousand 4 10 dollars per site may be used to reimburse the department for 4 11 corrective action as directed by the department under the 4 12 following conditions: 4 13 a. The corrective action is in response to high risk 4 14 conditions caused by a release for which the department has 4 15 issued a no further action certificate under section 455B.474. 4 16 b. The no further action certificate was issued after 4 17 January 31, 1997. 4 18 c. The department determines the high risk conditions are 4 19 not caused by a release which occurred after the issuance of 4 20 the no further action certificate. 4 21 3. Moneys in the no further action fund shall not be used 4 22 for the purposes of bonding or providing security for bonding 4 23 under this chapter. 4 24 4. This section does not confer a legal right to an owner 4 25 or operator of petroleum contaminated property or any other 4 26 person for receipt of benefits under this section. 4 27 5. Any funds remaining in the no further action fund on 4 28 June 30, 2006, which are not held in reserve for a claim 4 29 submitted pursuant to this section, and any funds which remain 4 30 on June 30, 2008, shall be credited to the road use tax fund. 4 31 EXPLANATION 4 32 This bill makes amendments to Code chapter 455G relating to 4 33 the Iowa comprehensive petroleum underground storage tank fund 4 34 and creates a no further action fund. 4 35 The bill amends requirements on the limits of remedial 5 1 account coverage which differentiate between claims for a 5 2 release for a small business and all other claims. The bill 5 3 also amends the minimum copayment schedule provisions relating 5 4 to the remedial account. The bill provides that, with the 5 5 exception of counties under certain circumstances, an owner or 5 6 operator shall be required to pay the greater of $5,000 or 18 5 7 percent of the first $80,000 of the total costs of corrective 5 8 action for that release. If the site's actual expenses exceed 5 9 $80,000, the remedial account shall pay the remainder, as 5 10 provided by federal regulations, of the total costs, not to 5 11 exceed $1 million. 5 12 The bill creates a no further action fund under the control 5 13 of and administered by the Iowa comprehensive petroleum 5 14 underground storage tank fund board. The fund shall consist 5 15 of $10 million allocated from the comprehensive petroleum 5 16 underground storage tank fund and any interest earned on the 5 17 no further action fund. Moneys in the no further action fund 5 18 shall not revert to the general fund of the state at the end 5 19 of each fiscal year. 5 20 Up to $100,000 from the no further action fund may be 5 21 reimbursed per site for corrective action under certain 5 22 conditions. Moneys in the fund shall not be used for purposes 5 23 of bonding or providing security for bonding. Any moneys 5 24 remaining in the fund on June 30, 2006, which are not held in 5 25 reserve for a claim, and any funds remaining on June 30, 2008, 5 26 shall be credited to the road use tax fund. 5 27 LSB 3784HC 77 5 28 tm/jl/8
Text: HSB00570 Text: HSB00572 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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