Text: HF00140 Text: HF00142 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 455G.9, subsection 1, Code 1999, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. j. One hundred percent of the costs of
1 4 corrective action for a governmental subdivision in connection
1 5 with a tank if the governmental subdivision did not own or
1 6 operate the tank from which the release occurred, and the
1 7 property was acquired pursuant to eminent domain after the
1 8 release occurred. A governmental subdivision which acquires
1 9 property pursuant to eminent domain in order to obtain
1 10 benefits under this paragraph is not a responsible party for a
1 11 release in connection with property which it acquired, and
1 12 does not become a responsible party by sale or transfer of
1 13 property so acquired.
1 14 Sec. 2. Section 455G.9, Code 1999, is amended by adding
1 15 the following new subsection:
1 16 NEW SUBSECTION. 10. EXPENSES INCURRED BY GOVERNMENTAL
1 17 SUBDIVISIONS. The board may adopt rules for reimbursement
1 18 from a responsible party for reasonable expenses incurred by a
1 19 governmental subdivision for treating, handling, or disposing,
1 20 as required by the department, of petroleum-contaminated soil
1 21 and groundwater encountered in a public right-of-way during
1 22 installation, maintenance, or repair of a public improvement.
1 23 The board may seek full recovery from a responsible party
1 24 liable for the release for such expenses and for all other
1 25 costs and reasonable attorney fees and costs of litigation for
1 26 which moneys are expended by the fund. Any expense described
1 27 in this subsection incurred by the fund constitutes a lien
1 28 upon the property from which the release occurred. A lien
1 29 shall be recorded and an expense shall be collected in the
1 30 same manner as provided in section 424.11.
1 31 EXPLANATION
1 32 This bill relates to the remedial account of the Iowa
1 33 comprehensive petroleum underground storage tank fund.
1 34 The bill provides that the remedial account shall cover 100
1 35 percent of the costs of a corrective action for a governmental
2 1 subdivision in connection with an underground storage tank if
2 2 the governmental subdivision did not own or operate the tank
2 3 and the contaminated property was acquired pursuant to eminent
2 4 domain after the release occurred. The bill provides that a
2 5 governmental subdivision is not a responsible party for a
2 6 release when it acquires property pursuant to eminent domain
2 7 in order to obtain benefits under the remedial account.
2 8 The bill provides that the Iowa comprehensive petroleum
2 9 underground storage tank fund board may adopt rules for the
2 10 reimbursement from a responsible party for reasonable expenses
2 11 incurred by a governmental subdivision for treating, handling,
2 12 or disposing of petroleum-contaminated soil and groundwater
2 13 encountered in a public right-of-way during installation,
2 14 maintenance, or repair of a public improvement. The bill
2 15 provides that such expenses and other related expenses
2 16 incurred by the fund are a lien upon the property from which
2 17 the release occurred.
2 18 LSB 1626HH 78
2 19 tm/jw/5
Text: HF00140 Text: HF00142 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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