455B.472A  Storage tank management account financing program.
  1.  The department shall establish and administer a storage tank management account financing program for the purpose of reimbursing eligible claimants for all or part of the costs of corrective action for petroleum releases previously eligible for payment from the Iowa comprehensive petroleum underground storage tank fund pursuant to chapter 455G, Code 2024.
  2.  The department may enter into any agreements and provide any documents, instruments, certificates, data, or information necessary in connection with the operation, administration, and financing of the program consistent with this part 8 of subchapter IV, the federal Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., the rules of the commission, and other applicable federal and state law.
  3.  The department may act to conform the program to the applicable guidance and regulations adopted by the United States environmental protection agency.
  4.  The department shall administer the moneys in the account transferred pursuant to 
2024 Iowa Acts, ch. 1054
, to carry out the purposes of the program and shall manage the revenue, administration, restrictions, and disposition of the moneys in the account transferred pursuant to 
2024 Iowa Acts, ch. 1054
.
  5.  Moneys in the account transferred pursuant to 
2024 Iowa Acts, ch. 1054
, are appropriated to the department for the purposes set forth in section 455E.11, subsection 2, paragraph “d”, subparagraph (2).
  6.  Payments for reimbursement or other costs relating to any claim or cause of action in connection with a tank not owned or operated by the state or an agency of the state shall be made solely from the moneys in the account transferred pursuant to 
2024 Iowa Acts, ch. 1054
, and no liability is otherwise imposed upon the state. Moneys from the account transferred pursuant to 
2024 Iowa Acts, ch. 1054
, are limited to the extent of coverage provided by the provisions set forth in section 455E.11, subsection 2, paragraph “d”, subparagraph (2). A court, an administrative law judge, the department, or the commission shall not order or approve a remedy that would require the account to exceed the account’s then current funding limitations to satisfy an award or that would restrict the availability of moneys for higher priority purposes described in section 455E.11, subsection 2, paragraph “d”, subparagraph (2), subparagraph division (c). The state is not otherwise liable for a claim related to the account and moneys from the general fund shall not be used to pay for reimbursement or other costs relating to any claim or cause of action in connection with a tank not owned or operated by the state or an agency of the state.
2024 Acts, ch 1054, §3
Referred to in §455B.471, 455B.474
NEW section