Text: HF00441 Text: HF00443 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 442
1 2
1 3 AN ACT
1 4 RELATING TO PAYMENTS FROM THE REMEDIAL ACCOUNT OF THE IOWA
1 5 COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND TO
1 6 GOVERNMENTAL SUBDIVISIONS FOR COSTS OF CORRECTIVE ACTIONS
1 7 TAKEN DUE TO CERTAIN RELEASES FROM UNDERGROUND STORAGE
1 8 TANKS AND ALLOWING THE IOWA COMPREHENSIVE PETROLEUM UNDER-
1 9 GROUND STORAGE TANK FUND BOARD TO SEEK REIMBURSEMENT FROM
1 10 RESPONSIBLE PARTIES FOR EXPENSES INCURRED BY GOVERNMENTAL
1 11 SUBDIVISIONS FOR COSTS OF CORRECTIVE ACTIONS TAKEN DUE TO
1 12 CERTAIN RELEASES FROM UNDERGROUND STORAGE TANKS.
1 13
1 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 15
1 16 Section 1. Section 455G.9, subsection 1, Code 1999, is
1 17 amended by adding the following new paragraph:
1 18 NEW PARAGRAPH. j. One hundred percent of the costs of
1 19 corrective action for a governmental subdivision in connection
1 20 with a tank if the governmental subdivision did not own or
1 21 operate the tank from which the release occurred, and the
1 22 property was acquired pursuant to eminent domain after the
1 23 release occurred. A governmental subdivision which acquires
1 24 property pursuant to eminent domain in order to obtain
1 25 benefits under this paragraph is not a responsible party for a
1 26 release in connection with property which it acquired, and
1 27 does not become a responsible party by sale or transfer of
1 28 property so acquired.
1 29 Sec. 2. Section 455G.9, Code 1999, is amended by adding
1 30 the following new subsection:
1 31 NEW SUBSECTION. 10. EXPENSES INCURRED BY GOVERNMENTAL
1 32 SUBDIVISIONS. The board may adopt rules for reimbursement for
1 33 reasonable expenses incurred by a governmental subdivision for
1 34 treating, handling, or disposing, as required by the
1 35 department, of petroleum-contaminated soil and groundwater
2 1 encountered in a public right-of-way during installation,
2 2 maintenance, or repair of a public improvement. The board may
2 3 seek full recovery from a responsible party liable for the
2 4 release for such expenses and for all other costs and
2 5 reasonable attorney fees and costs of litigation for which
2 6 moneys are expended by the fund. Any expense described in
2 7 this subsection incurred by the fund constitutes a lien upon
2 8 the property from which the release occurred. A lien shall be
2 9 recorded and an expense shall be collected in the same manner
2 10 as provided in section 424.11.
2 11
2 12
2 13
2 14 RON J. CORBETT
2 15 Speaker of the House
2 16
2 17
2 18
2 19 MARY E. KRAMER
2 20 President of the Senate
2 21
2 22 I hereby certify that this bill originated in the House and
2 23 is known as House File 442, Seventy-eighth General Assembly.
2 24
2 25
2 26
2 27 ELIZABETH ISAACSON
2 28 Chief Clerk of the House
2 29 Approved , 1999
2 30
2 31
2 32
2 33 THOMAS J. VILSACK
2 34 Governor
Text: HF00441 Text: HF00443 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
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