Text: S03508 Text: S03510 Text: S03500 - S03599 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 528 as follows:
1 2 #1. Page 1, line 14, by inserting after the word
1 3 "tanks" the following: ", other than petroleum
1 4 underground storage tanks,".
1 5 #2. Page 1, by inserting after line 22 the
1 6 following:
1 7 "1A. "Affiliate" means a corporate parent,
1 8 subsidiary, or predecessor of a participant, a co-
1 9 owner or co-operator of a participant, a spouse,
1 10 parent, or child of a participant, an affiliated
1 11 corporation or enterprise of a participant, or any
1 12 other person substantially involved in the legal
1 13 affairs or management of a participant, as defined by
1 14 the department."
1 15 #3. Page 1, line 24, by striking the words "that
1 16 are" and inserting the following: "naturally
1 17 occurring and".
1 18 #4. Page 1, line 26, by striking the words "at an
1 19 enrolled site".
1 20 #5. Page 2, line 11, by inserting after the word
1 21 "chapter." the following: "A participant is a
1 22 participant only to the extent the participant
1 23 complies with the requirements of this chapter."
1 24 #6. Page 3, line 4, by inserting after the word
1 25 "by" the following: "purchase, eminent domain,".
1 26 #7. Page 3, by inserting after line 8 the
1 27 following:
1 28 "k. A government agency or political subdivision
1 29 which acquires an enrolled site through voluntary or
1 30 involuntary means, including, but not limited to,
1 31 abandonment, tax foreclosure, eminent domain, or
1 32 escheat."
1 33 #8. Page 3, by striking lines 31 through 34 and
1 34 inserting the following:
1 35 "d. The use of pesticides in accordance with the
1 36 product label."
1 37 #9. Page 4, by striking lines 22 through 24 and
1 38 inserting the following: "persons to voluntarily
1 39 develop and implement cleanup plans."
1 40 #10. Page 4, lines 25 and 26, by striking the
1 41 words "and nurtured with clear, predictable" and
1 42 inserting the following: "through the adoption of".
1 43 #11. By striking page 4, line 32, through page 5,
1 44 line 8.
1 45 #12. Page 5, by inserting after line 15 the
1 46 following:
1 47 "1A. Adopt rules establishing statewide standards
1 48 and criteria for determination of background standards
1 49 and site specific cleanup standards."
1 50 #13. Page 5, by striking lines 22 through 26 and
2 1 inserting the following:
2 2 "4. Adopt rules establishing requirements for the
2 3 submission, performance, and verification of site
2 4 assessments, cleanup plans, and certifications of
2 5 completion. The rules shall provide that all site
2 6 assessments, cleanup plans, and certifications of
2 7 completion submitted by a participant shall be
2 8 prepared by or under the supervision of an
2 9 appropriately trained professional, including a
2 10 groundwater professional certified pursuant to section
2 11 455G.18.
2 12 5. Adopt rules for public notice of the proposed
2 13 verification of a certificate of completion by the
2 14 department where the certificate of completion is
2 15 conditioned on the use of an institutional or
2 16 technological control."
2 17 #14. Page 6, by inserting after line 3 the
2 18 following:
2 19 "4. Take actions necessary, including the
2 20 revocation, suspension, or modification of permits or
2 21 agreements, the issuance of orders, and the initiation
2 22 of administrative or judicial proceedings, to enforce
2 23 the provisions of this chapter and any agreements,
2 24 covenants, easements, or orders issued pursuant to
2 25 this chapter."
2 26 #15. Page 6, by striking lines 5 through 16 and
2 27 inserting the following:
2 28 "1. A person may enroll property in the land
2 29 recycling program pursuant to this chapter to carry
2 30 out a response action in accordance with rules adopted
2 31 by the commission which outline the eligibility for
2 32 enrollment. The eligibility rules shall reasonably
2 33 encourage the enrollment of all sites potentially
2 34 eligible to participate under this chapter and shall
2 35 not take into account any amounts the department may
2 36 be reimbursed under this chapter."
2 37 #16. Page 6, line 21, by inserting after the word
2 38 "site." the following: "An agreement entered into
2 39 under this subsection must allow the department access
2 40 to the enrolled site and must require a demonstration
2 41 of the participant's ability to carry out a response
2 42 action reasonably associated with the enrolled site."
2 43 #17. Page 6, by striking lines 24 through 29 and
2 44 inserting the following:
2 45 "a. Property for which corrective action is needed
2 46 or has been taken for petroleum underground storage
2 47 tanks under chapter 455B, division IV, part 8.
2 48 However, such property may be enrolled to address
2 49 hazardous substances other than petroleum from
2 50 underground storage tanks.
3 1 b. Property which has been placed or is proposed
3 2 to be included on the national priorities list
3 3 established pursuant to the federal Comprehensive
3 4 Environmental Response, Compensation, and Liability
3 5 Act, 42 U.S.C. } 9601 et seq."
3 6 #18. Page 6, by striking lines 30 and 31 and
3 7 inserting the following:
3 8 "c. An animal feeding operation structure as
3 9 defined in section 455B.161."
3 10 #19. Page 7, line 15, by inserting after the word
3 11 "section" the following: "and shall, subject to the
3 12 limitation on fees in subsection 3, be liable for any
3 13 costs actually incurred by the department. The
3 14 department or court may determine that a participant
3 15 who withdraws prior to completion of all response
3 16 actions identified for the enrolled site forfeits all
3 17 benefits and immunities provided by this chapter as to
3 18 the enrolled site. If it is deemed necessary and
3 19 appropriate by the department, a participant who
3 20 withdraws shall stabilize the enrolled site in
3 21 accordance with a plan approved by the department."
3 22 #20. Page 7, by inserting after line 28 the
3 23 following:
3 24 "Any remediation standard which is applied must
3 25 provide for the protection of the public health and
3 26 safety and the environment."
3 27 #21. By striking page 7, line 34, through page 8,
3 28 line 3.
3 29 #22. Page 8, by striking lines 20 through 23 and
3 30 inserting the following:
3 31 "1. Methods to identify background standards shall
3 32 be adopted by the commission after consideration of
3 33 the joint recommendations of the department and the
3 34 technical advisory committee."
3 35 #23. Page 9, by striking lines 8 and 9 and
3 36 inserting the following:
3 37 "1. Statewide standards shall be adopted by the
3 38 commission after consideration of the joint
3 39 recommendations of the department and the technical
3 40 advisory committee. The standards must provide for
3 41 the protection of the public health and safety and the
3 42 environment."
3 43 #24. Page 10, by striking lines 25 through 27 and
3 44 inserting the following:
3 45 "1. Procedures to establish site-specific cleanup
3 46 standards shall be adopted by the commission after
3 47 consideration of the joint recommendations of the
3 48 department and the technical advisory committee.
3 49 Site-specific cleanup standards must provide for the
3 50 protection of the public health and safety and the
4 1 environment."
4 2 #25. Page 12, line 29, by inserting after the word
4 3 "tanks" the following: "other than petroleum
4 4 underground storage tanks".
4 5 #26. Page 12, lines 31 and 32, by striking the
4 6 words "or hazardous substances may, at their election,
4 7 utilize compliance" and inserting the following:
4 8 "shall comply".
4 9 #27. Page 13, line 3, by striking the word "shall"
4 10 and inserting the following: "may".
4 11 #28. Page 13, line 21, by striking the word
4 12 "shall" and inserting the following: "may".
4 13 #29. Page 13, line 30, by inserting after the word
4 14 "control." the following: "The director may require
4 15 reasonable proof of financial assurance where
4 16 necessary to assure a technological control remains
4 17 effective."
4 18 #30. Page 14, by inserting after line 4 the
4 19 following:
4 20 "e. An environmental protection easement."
4 21 #31. Page 14, by striking lines 5 through 17 and
4 22 inserting the following:
4 23 "3. If the department's determination of
4 24 compliance with applicable standards pursuant to
4 25 subchapter 3 is conditioned on a restriction in the
4 26 use of any real estate in the affected area, the
4 27 participant must utilize an institutional control. If
4 28 the restriction in use is to limit the use to
4 29 nonresidential use, the participant must use an
4 30 environmental protection easement as the institutional
4 31 control. Environmental protection easements may also
4 32 be used to implement other institutional or
4 33 technological controls. An environmental protection
4 34 easement must be granted by the fee title owners of
4 35 the relevant real estate. The participant shall
4 36 furnish to the department abstracts of title and other
4 37 documents sufficient to enable the department to
4 38 determine that the easements will be enforceable. An
4 39 environmental protection easement shall be in a form
4 40 provided by rule of the department. An environmental
4 41 protection easement must provide all of the following:
4 42 a. The easement names the state, acting through
4 43 the department, as grantee.
4 44 b. The easement identifies the activity either
4 45 being restricted or required through the institutional
4 46 or technological control.
4 47 c. The easement runs with the land, binding the
4 48 owner of the land and the owner's successors and
4 49 assigns.
4 50 d. The easement shall include an acknowledgment by
5 1 the director of acceptance of the easement by the
5 2 department.
5 3 e. The easement is filed in the office of the
5 4 recorder of the county in which the real estate is
5 5 located and in any central registry which may be
5 6 created by the director."
5 7 #32. Page 14, line 23, by inserting after the word
5 8 "participant." the following: "An environmental
5 9 protection easement granted pursuant to subsection 3
5 10 shall be enforceable in perpetuity notwithstanding
5 11 sections 614.24 through 614.38. After the recording
5 12 of the easement, each instrument transferring an
5 13 interest in the area affected by the easement shall
5 14 include a specific reference to the recorded easement.
5 15 If a transfer instrument fails to include a specific
5 16 reference to the recorded easement, the transferor is
5 17 not entitled to any of the benefits provided by this
5 18 chapter."
5 19 #33. Page 14, line 26, by inserting after the word
5 20 "discontinued," the following: "modified,".
5 21 #34. Page 14, by striking lines 29 through 32 and
5 22 inserting the following: "applicable standard. Upon
5 23 review and approval by the department, the department
5 24 shall issue an amendment to its no further action
5 25 letter approving the removal, discontinuance,
5 26 modification, or termination of an institutional or
5 27 technological control which is no longer needed."
5 28 #35. By striking page 14, line 33, through page
5 29 15, line 6, and inserting the following:
5 30 "6. An environmental protection easement granted
5 31 pursuant to subsection 3 may be released or amended
5 32 only by a release or amendment of the easement
5 33 executed by the director and filed with the county
5 34 recorder. The department may determine that any
5 35 person who intentionally violates an environmental
5 36 protection easement or other technological or
5 37 institutional control contained in a no further action
5 38 letter loses any of the benefits provided by this
5 39 chapter as to the affected area. In the event the
5 40 technological or institutional controls fail to
5 41 achieve compliance with the applicable standards, the
5 42 participant shall undertake an additional response
5 43 action sufficient to demonstrate to the department
5 44 compliance with applicable standards. Failure to
5 45 proceed in a timely manner in performing the
5 46 additional response action may result in termination
5 47 of the participant's enrollment in the land recycling
5 48 program."
5 49 #36. Page 15, line 21, by inserting after the word
5 50 "notice" the following: "or hearing".
6 1 #37. Page 16, line 1, by inserting after the word
6 2 "approval" the following: "from the department".
6 3 #38. Page 16, line 5, by inserting after the word
6 4 "obtain" the following: "from the department".
6 5 #39. Page 16, line 7, by inserting after the word
6 6 "rules." the following: "A violation of the
6 7 conditions of the consolidated standards permit shall
6 8 be deemed to be a violation of the applicable statute,
6 9 rule, or regulation under which approval of activities
6 10 in connection with a response action would have been
6 11 required and is subject to enforcement in the same
6 12 manner and to the same extent as a violation of the
6 13 applicable statute, rule, or regulation would have
6 14 been."
6 15 #40. Page 16, by striking lines 10 through 21.
6 16 #41. Page 16, line 25, by inserting after the word
6 17 "standards" the following: "and the department has
6 18 certified that the participant has met all
6 19 requirements for completion".
6 20 #42. By striking page 16, line 27, through page
6 21 17, line 1, and inserting the following:
6 22 "2. A no further action letter shall state that
6 23 the participant and any protected party are not
6 24 required to take any further action at the site
6 25 related to any hazardous substance for which
6 26 compliance with applicable standards is demonstrated
6 27 by the participant in accordance with applicable
6 28 standards, except for continuing requirements
6 29 specified in the no further action letter. If the
6 30 participant was a person having control over a
6 31 hazardous substance, as that phrase is defined in
6 32 section 455B.381, at the time of the release, a no
6 33 further action letter may provide that a further
6 34 response action may be required, where appropriate, to
6 35 protect against an imminent and substantial threat to
6 36 public health, safety, and welfare. A protected party
6 37 who was a person having control over a hazardous
6 38 substance, as that phrase is defined in section
6 39 455B.381, at the time of the release, may be required
6 40 by the department to conduct a further response
6 41 action, where appropriate, to protect against an
6 42 imminent and substantial threat to public health,
6 43 safety, and welfare.
6 44 If a person transfers property to an affiliate in
6 45 order for that person or the affiliate to obtain a
6 46 benefit to which the transferor would not otherwise be
6 47 eligible under this chapter or to avoid an obligation
6 48 under this chapter, the affiliate shall be subject to
6 49 the same obligations and obtain the same level of
6 50 benefits as those available to the transferor under
7 1 this chapter.
7 2 A no further action letter shall be void if the
7 3 department demonstrates by clear, satisfactory, and
7 4 convincing evidence that any approval under this
7 5 chapter was obtained by fraud or material
7 6 misrepresentation, knowing failure to disclose
7 7 material information, or false certification to the
7 8 department."
7 9 #43. Page 17, by striking lines 16 through 18 and
7 10 inserting the following: "party from liability to the
7 11 state, in the state's capacity as a regulator
7 12 administering environmental programs, to perform
7 13 additional environmental assessment, remedial
7 14 activity, or response action with regard to the
7 15 release of a hazardous substance for which the
7 16 participant and each protected party has complied with
7 17 the requirements of this chapter."
7 18 #44. Page 17, by striking lines 21 through 27 and
7 19 inserting the following:
7 20 "Upon issuance of a no further action letter
7 21 pursuant to section 455H.302, except as provided in
7 22 that section, the participant and each protected party
7 23 shall no longer have liability under chapter 455A,
7 24 under chapter 455B other than liability for petroleum
7 25 underground storage tanks, or under chapters 455D and
7 26 455E to the state or to any other person as to any
7 27 condition at the affected area with regard to
7 28 hazardous substances for which compliance with
7 29 applicable standards was demonstrated by the
7 30 participant in accordance with this chapter and for
7 31 which the department has provided a certificate of
7 32 completion."
7 33 #45. Page 20, line 33, by inserting after the word
7 34 "RELEASE" the following: "OR BEYOND AFFECTED AREA".
7 35 #46. Page 21, line 2, by inserting after the word
7 36 "letter" the following: "or from liability for any
7 37 condition outside the affected area addressed in the
7 38 cleanup plan and no further action letter".
7 39 #47. Page 21, by inserting after line 2 the
7 40 following:
7 41 "Sec. . NEW SECTION. 455H.309 RELATIONSHIP TO
7 42 FEDERAL LAW.
7 43 The liability protection and immunities afforded
7 44 under this chapter extend only to liability or
7 45 potential liability arising under state law. It is
7 46 not intended to provide any relief as to liability or
7 47 potential liability arising under federal law. This
7 48 section shall not be construed as precluding any
7 49 agreement with a federal agency by which it agrees to
7 50 provide liability protection based on participation
8 1 and completion of a cleanup plan under this chapter.
8 2 Sec. . NEW SECTION. 455H.310 INCREMENTAL
8 3 PROPERTY TAXES.
8 4 1. To encourage economic development and the
8 5 recycling of contaminated land to promote the purposes
8 6 of this chapter, cities and counties may provide by
8 7 ordinance that the costs of carrying out response
8 8 actions under this chapter are to be reimbursed, in
8 9 whole or in part, by incremental property taxes over a
8 10 six-year period. A city or county which implements
8 11 the option provided for under this section shall
8 12 provide that taxes levied on property enrolled in the
8 13 land recycling program under this chapter each year by
8 14 or for the benefit of the state, city, county, school
8 15 district, or other taxing district shall be divided as
8 16 provided in section 403.19, subsections 1 and 2, in
8 17 the same manner as if the enrolled property was
8 18 taxable property in an urban renewal project.
8 19 Incremental property taxes collected under this
8 20 section shall be placed in a special fund of the city
8 21 or county. A participant shall be reimbursed with
8 22 moneys from the special fund for costs associated with
8 23 carrying out a response action in accordance with
8 24 rules adopted by the commission. Beginning in the
8 25 fourth of the six years of collecting incremental
8 26 property taxes, the city or county shall begin
8 27 decreasing by twenty-five percent each year the amount
8 28 of incremental property taxes computed under this
8 29 section."
8 30 #48. Page 22, by striking line 6 and inserting the
8 31 following:
8 32 "e. An engineer employed by a city or county which
8 33 is appointed jointly by the Iowa league of cities and
8 34 Iowa state association of counties."
8 35 #49. By renumbering and correcting internal
8 36 numbering and references as necessary.
8 37
8 38
8 39
8 40 ALLEN BORLAUG
8 41
8 42
8 43
8 44 PATTY JUDGE
8 45
8 46
8 47
8 48 MERLIN E. BARTZ
8 49
8 50
9 1
9 2 BILL FINK
9 3
9 4
9 5
9 6 LARRY McKIBBEN
9 7
9 8
9 9
9 10 DENNIS H. BLACK
9 11 SF 528.201 77
9 12 tm/jj/28
Text: S03508 Text: S03510 Text: S03500 - S03599 Text: S Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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