Text: HF02400 Text: HF02402 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 2401
1 2
1 3 AN ACT
1 4 RELATING TO THE COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE
1 5 TANK FUND AND PROVIDING AN EFFECTIVE DATE.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. Section 455G.2, Code 2003, is amended by adding
1 10 the following new subsections:
1 11 NEW SUBSECTION. 0A. "Aboveground petroleum storage tank"
1 12 means the same as defined in section 101.21.
1 13 NEW SUBSECTION. 0B. "Aboveground petroleum storage tank
1 14 site" means the same as "tank site" as defined in section
1 15 101.21, subsection 8.
1 16 Sec. 2. Section 455G.3, subsection 3, Code Supplement
1 17 2003, is amended by adding the following new paragraph:
1 18 NEW PARAGRAPH. e. To establish an aboveground petroleum
1 19 storage tank fund as provided in section 455G.23.
1 20 Sec. 3. Section 455G.9, subsection 1, Code Supplement
1 21 2003, is amended by adding the following new paragraph:
1 22 NEW PARAGRAPH. l. Costs for the permanent closure of an
1 23 underground storage tank system that was in place on the date
1 24 an eligible claim was submitted under paragraph "a".
1 25 Reimbursement is limited to costs approved by the board prior
1 26 to the closure activities and the closure activities must be
1 27 completed not later than December 31, 2005.
1 28 Sec. 4. NEW SECTION. 455G.23 ABOVEGROUND PETROLEUM
1 29 STORAGE TANK FUND.
1 30 1. An aboveground petroleum storage tank fund is created
1 31 as a separate fund in the state treasury under the control of
1 32 the board. The board shall administer the aboveground
1 33 petroleum storage tank fund. Notwithstanding section 8.33,
1 34 moneys remaining in the aboveground petroleum storage tank
1 35 fund at the end of each fiscal year shall not revert to the
2 1 general fund but shall remain in the aboveground petroleum
2 2 storage tank fund. The aboveground petroleum storage tank
2 3 fund shall include, notwithstanding section 12C.7, interest
2 4 earned by the aboveground petroleum storage tank fund or other
2 5 income specifically allocated to the aboveground petroleum
2 6 storage tank fund.
2 7 2. The board may reimburse the owner of an aboveground
2 8 petroleum storage tank site up to twenty-five thousand dollars
2 9 per site, but not more than a total of one hundred thousand
2 10 dollars per owner, for the upgrade or permanent closure of the
2 11 aboveground petroleum storage tank site provided all of the
2 12 following criteria are met:
2 13 a. By January 1, 2004, the aboveground petroleum storage
2 14 tank site was registered with the state fire marshal pursuant
2 15 to section 101.22.
2 16 b. The aboveground petroleum storage tank contains
2 17 petroleum as defined in section 455B.471.
2 18 c. Not later than February 18, 2005, the owner shall
2 19 submit an application for reimbursement, on a form provided by
2 20 the board.
2 21 d. Upgrade expenses must be incurred after January 1,
2 22 2004, and not later than February 18, 2005. Upgrade
2 23 activities are limited to the installation or improvement of
2 24 equipment or systems required to comply with 40 C.F.R. } 112,
2 25 specifically:
2 26 (1) Secondary containment.
2 27 (2) Corrosion protection.
2 28 (3) Loss prevention.
2 29 (4) Security.
2 30 (5) Drainage.
2 31 (6) Removal of noncompliant tanks.
2 32 e. Permanent closure activities, including tank system
2 33 removal, decommission, and disposal, must occur after January
2 34 1, 2004, and not later than February 18, 2005, unless the
2 35 owner is a party to an agreement entered into pursuant to
3 1 subsection 3 and the tanks meet one of the following criteria:
3 2 (1) All tanks are empty by February 18, 2005.
3 3 (2) All tanks containing petroleum on or after February
3 4 18, 2005, meet the requirements of 40 C.F.R. } 112 et seq.
3 5 and any applicable provisions of chapter 101 and the
3 6 administrative rules adopted pursuant to chapter 101.
3 7 3. The board, or a contractor approved under subsection 6,
3 8 may enter into contracts with qualified businesses to provide
3 9 permanent closure services at eligible aboveground petroleum
3 10 storage tank sites. The board or a contractor may limit
3 11 reimbursement to those activities approved under the terms of
3 12 the contracts. The board or a contractor may allow permanent
3 13 closure activities to occur and be reimbursed after February
3 14 18, 2005, at those tank sites where the owner timely applied
3 15 for reimbursement and agreed to allow the board or a
3 16 contractor to complete the permanent closure at a time
3 17 determined to be convenient to the board. All activities
3 18 conducted under this subsection must be completed by December
3 19 31, 2006.
3 20 4. The board may enter into an agreement authorized under
3 21 chapter 28E with the state fire marshal for the development
3 22 and maintenance of a database to track registration, technical
3 23 information, and other information determined necessary to
3 24 evaluate the operation and safety of aboveground petroleum
3 25 storage tank sites in Iowa.
3 26 5. The board may limit reimbursement to those activities
3 27 that receive prior budget approval from the board.
3 28 6. The board may enter into a contract with a qualified
3 29 business to provide for administration of this section.
3 30 7. This section is repealed December 31, 2006.
3 31 Sec. 5. Sections 1, 2, and 3 of this Act are repealed
3 32 December 31, 2006.
3 33 Sec. 6. EFFECTIVE DATE. This Act, being deemed of
3 34 immediate importance, takes effect upon enactment.
3 35
4 1
4 2
4 3 CHRISTOPHER C. RANTS
4 4 Speaker of the House
4 5
4 6
4 7
4 8 JEFFREY M. LAMBERTI
4 9 President of the Senate
4 10
4 11 I hereby certify that this bill originated in the House and
4 12 is known as House File 2401, Eightieth General Assembly.
4 13
4 14
4 15
4 16 MARGARET THOMSON
4 17 Chief Clerk of the House
4 18 Approved , 2004
4 19
4 20
4 21
4 22 THOMAS J. VILSACK
4 23 Governor
Text: HF02400 Text: HF02402 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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