Text: HF00140                           Text: HF00142
Text: HF00100 - HF00199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 141

Partial Bill History

Bill Text

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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