455G.3  Establishment of Iowa comprehensive petroleum underground storage tank fund.

1.  The Iowa comprehensive petroleum underground storage tank fund is created as a separate fund in the state treasury, and any funds remaining in the fund at the end of each fiscal year shall not revert to the general fund but shall remain in the Iowa comprehensive petroleum underground storage tank fund. Interest or other income earned by the fund shall be deposited in the fund. The fund shall include moneys credited to the fund under this section, section 423.24, subsection 1, paragraph "a", and sections 455G.8, 455G.9, and 455G.11, and other funds which by law may be credited to the fund. The moneys in the fund are appropriated to and for the purposes of the board as provided in this chapter. Amounts in the fund shall not be subject to appropriation for any other purpose by the general assembly, but shall be used only for the purposes set forth in this chapter. The treasurer of state shall act as custodian of the fund and disburse amounts contained in it as directed by the board including automatic disbursements of funds as received pursuant to the terms of bond indentures and documents and security provisions to trustees and custodians. The treasurer of state is authorized to invest the funds deposited in the fund at the direction of the board and subject to any limitations contained in any applicable bond proceedings. The income from such investment shall be credited to and deposited in the fund. The fund shall be administered by the board which shall make expenditures from the fund consistent with the purposes of the programs set out in this chapter without further appropriation. The fund may be divided into different accounts with different depositories as determined by the board and to fulfill the purposes of this chapter.

2.  The board shall assist Iowa's owners and operators of petroleum underground storage tanks in complying with federal environmental protection agency technical and financial responsibility regulations by establishment of the Iowa comprehensive petroleum underground storage tank fund. The authority may issue its bonds, or series of bonds, to assist the board, as provided in this chapter.

3.  The purposes of this chapter shall include but are not limited to any of the following:

a.  To establish a remedial account to fund corrective action for petroleum releases as provided by section 455G.9.

b.  To establish a loan guarantee account, as provided by and to the extent permitted by section 455G.10.

c.  To establish an insurance fund for insurable underground storage tank risks within the state as provided by section 455G.11.

d.  To establish a marketability fund for the purposes as stated in section 455G.21.

4.  The state, the general fund of the state, or any other fund of the state, other than the Iowa comprehensive petroleum underground storage tank fund, is not liable for a claim or cause of action in connection with a tank not owned or operated by the state, or agency of the state. All expenses incurred by the fund shall be payable solely from the fund and no liability or obligation shall be imposed upon the state. The liability of the fund is limited to the extent of coverage provided by the account or fund under which a claim is submitted, subject to the terms and conditions of that coverage. The liability of the fund is further limited by the moneys made available to the fund, and no remedy shall be ordered which would require the fund to exceed its then current funding limitations to satisfy an award or which would restrict the availability of moneys for higher priority sites. The state is not liable for a claim presented against the fund.

5.  For purposes of payment of refunds of the environmental protection charge under section 424.15 by the department of revenue and finance, the treasurer of state shall allocate to the department of revenue and finance the total amount budgeted by the fund's board for environmental protection charge refunds. Any unused funds shall be remitted to the treasurer of state.

6.  There is appropriated from the unassigned revenue fund administered by the Iowa comprehensive underground storage tank fund board to the following funds for the fiscal year beginning July 1, 2001, and ending June 30, 2002, the following amounts as specified: 

a.  To the terminal liability health insurance fund created in section 421.46:

 . . . . . . . . . . . . . . . .  $ 9,000,000

b.  To the salary adjustment fund provided for in section 6 of this Act:*

 . . . . . . . . . . . . . . . .  $ 9,000,000 

This subsection is repealed effective July 1, 2002.

Section History: Recent form

  89 Acts, ch 131, §44; 90 Acts, ch 1235, § 19; 91 Acts, ch 159, § 29; 95 Acts, ch 215, §11, 12; 98 Acts, ch 1065, §1; 98 Acts, ch 1068, §3, 4; 2000 Acts, ch 1226, §13, 30; 2001 Acts, ch 190, §21

Internal References

  Referred to in § 423.24, 455B.477, 455E.11


  *2001 Acts, ch 190

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Last update: Thu Jan 24 10:51:05 CST 2002