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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