Text: HSB00118 Text: HSB00120 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455G.21, subsection 2, paragraph a, 1 2 Code 2001, is amended to read as follows: 1 3 a. The innocent landowners fund shall be established as a 1 4 separate fund in the state treasury under the control of the 1 5 board. The innocent landowners fund shall include any moneys 1 6 recovered pursuant to cost recovery enforcement under section 1 7 455G.13. Notwithstanding section 455G.1, subsection 2, 1 8 benefits for the costs of corrective actionshallmay be 1 9 provided to the owner of a petroleum-contaminated property, or 1 10 an operator of an underground storage tank located on the 1 11 property, who is not otherwise eligible to receive benefits 1 12 under section 455G.9 due to the date on which the release 1 13 causing the contamination was reported. An owner of a 1 14 petroleum-contaminated property, or an operator of an 1 15 underground storage tank located on the property, shall be 1 16 eligible for payment oftotalcorrective action costs subject 1 17 to copayment requirements under section 455G.9, subsection 4. 1 18 The board may adopt rules conditioning receipt of benefits 1 19 under this paragraph to those petroleum-contaminated 1 20 properties which present a higher degree of risk to the public 1 21 health and safety or the environment and may adopt rules 1 22 providing for denial of benefits under this paragraph to a 1 23 person who did not make a good faith attempt to comply with 1 24 the provisions of this chapter. This paragraph does not 1 25 confer a legal right to an owner of petroleum-contaminated 1 26 property, or an operator of an underground storage tank 1 27 located on the property, for receipt of benefits under this 1 28 paragraph. 1 29 Sec. 2. Section 455G.2, subsection 17, Code 2001, is 1 30 amended to read as follows: 1 31 17. "Precorrective action value" means theassessed value1 32of the tank site immediately prior to the discovery of a1 33petroleum releasepurchase price of the tank site paid by the 1 34 owner after October 26, 1990. 1 35 EXPLANATION 2 1 This bill amends provisions in the innocent landowners fund 2 2 in Code chapter 455G. Currently, benefits under the innocent 2 3 landowners fund are provided to an owner of a petroleum- 2 4 contaminated property who is not otherwise eligible to receive 2 5 benefits under the remedial program of Code chapter 455G. The 2 6 bill provides that an operator of an underground storage tank 2 7 is also eligible to receive benefits from the innocent 2 8 landowners fund. The bill removes mandatory language 2 9 requiring that benefits shall be provided to recipients. The 2 10 bill provides that benefits from the fund shall be for 2 11 corrective action costs, rather than for total corrective 2 12 action costs. 2 13 The bill amends the definition of "precorrective action 2 14 value" to mean the purchase price of the tank site paid by the 2 15 owner of the tank site after October 26, 1990. This term is 2 16 used in Code chapter 455G in relation to the recovery of 2 17 remedial account benefits upon the sale of a tank site for 2 18 which remedial account benefits were received if the sale 2 19 meets certain requirements. 2 20 LSB 2197HC 79 2 21 tm/pj/5
Text: HSB00118 Text: HSB00120 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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