House File 2459 H-8215 Amend House File 2459 as follows: 1 1. Page 6, after line 30 by inserting: 2 < DIVISION ___ 3 UNDERGROUND STORAGE TANK FUND AND RENEWABLE FUEL 4 INFRASTRUCTURE FUND ALLOCATIONS —— UNDERGROUND STORAGE 5 TANKS REMEDIAL ACTION TAX CREDIT AND CLAIMS 6 Sec. ___. Section 321.145, subsection 2, paragraph 7 a, Code 2016, is amended by striking the paragraph. 8 Sec. ___. Section 321.145, subsection 2, paragraph 9 b, Code 2016, is amended to read as follows: 10 b. Moneys remaining after the operation of 11 paragraph “a” shall be credited in order of priority as 12 follows: 13 (1) An amount equal to four percent of the revenue 14 from the operation of section 321.105A, subsection 2 , 15 shall be credited to the department, to be used for 16 purposes of public transit assistance under chapter 17 324A . 18 (2) An amount equal to two dollars per year of 19 license validity for each issued or renewed driver’s 20 license which is valid for the operation of a 21 motorcycle shall be credited to the motorcycle rider 22 education fund established under section 321.179 . 23 (3) The amounts required to be transferred pursuant 24 to section 321.34 from revenues available under 25 this subsection shall be transferred and credited as 26 provided in section 321.34, subsections 7, 10, 10A, 27 11, 11A, 11B, 13, 16, 17, 18, 19, 20, 20A, 20B, 20C, 28 21, 22, 23, 24, 25, and 26 for the various purposes 29 specified in those subsections. 30 Sec. ___. NEW SECTION . 427B.23 Repeal. 31 This division is repealed July 1, 2016. 32 Sec. ___. NEW SECTION . 455G.22 Eligible claims and 33 date. 34 A claim for a release filed after December 31, 35 -1- HF2459.3496 (1) 86 tm/rn 1/ 18 #1.

2016, shall not be eligible for payment from the Iowa 1 comprehensive petroleum underground storage tank fund. 2 DIVISION ___ 3 IOWA TANKS FUND FINANCING PROGRAM —— UNDERGROUND 4 STORAGE TANK FUND REPEAL 5 Sec. ___. NEW SECTION . 16.145 Definitions. 6 As used in this part: 7 1. “Claimant” means an owner or operator who has 8 received assistance under the Iowa tanks fund or 9 its predecessor, the Iowa comprehensive petroleum 10 underground storage tank fund created in chapter 455G, 11 Code 2017. 12 2. “Costs” means all costs, charges, expenses, 13 or other indebtedness incurred by a claimant and 14 determined by the department as reasonable and 15 necessary for carrying out all works and undertakings 16 necessary or incidental to the accomplishment of any 17 project. 18 3. “Department” means the department of natural 19 resources created in section 455A.2. 20 4. “Director” means the director of the department 21 of natural resources. 22 5. “Program” means the Iowa tanks fund financing 23 program created pursuant to section 455B.472A. 24 Sec. ___. NEW SECTION . 16.146 Iowa tanks fund 25 financing program. 26 1. The authority shall cooperate with the 27 department in the creation, administration, and 28 financing of the program. 29 2. The authority shall administer the Iowa tanks 30 fund created in section 455B.472A to carry out 31 the purposes of the program and shall manage the 32 funding, administration, investment, restrictions, and 33 disposition of the fund. 34 3. The authority shall work cooperatively with 35 -2- HF2459.3496 (1) 86 tm/rn 2/ 18

the director to distribute financial assistance for 1 work conducted by eligible entities that comply with 2 the requirements of the program. The department 3 shall determine if work completed is eligible for 4 reimbursement from the Iowa tanks fund created for the 5 program. 6 Sec. ___. Section 68B.35, subsection 2, paragraph 7 e, Code 2016, is amended to read as follows: 8 e. Members of the state banking council, the 9 ethics and campaign disclosure board, the credit union 10 review board, the economic development authority, the 11 employment appeal board, the environmental protection 12 commission, the health facilities council, the 13 Iowa finance authority, the Iowa public employees’ 14 retirement system investment board, the board of 15 the Iowa lottery authority, the natural resource 16 commission, the board of parole, the petroleum 17 underground storage tank fund board, the public 18 employment relations board, the state racing and gaming 19 commission, the state board of regents, the tax review 20 board, the transportation commission, the office 21 of consumer advocate, the utilities board, the Iowa 22 telecommunications and technology commission, and any 23 full-time members of other boards and commissions as 24 defined under section 7E.4 who receive an annual salary 25 for their service on the board or commission. The Iowa 26 ethics and campaign disclosure board shall conduct an 27 annual review to determine if members of any other 28 board, commission, or authority should file a statement 29 and shall require the filing of a statement pursuant to 30 rules adopted pursuant to chapter 17A . 31 Sec. ___. Section 159A.11, subsection 10, Code 32 2016, is amended by striking the subsection. 33 Sec. ___. Section 159A.13, subsection 6, Code 2016, 34 is amended by striking the subsection. 35 -3- HF2459.3496 (1) 86 tm/rn 3/ 18

Sec. ___. Section 159A.14, subsection 2, Code 2016, 1 is amended to read as follows: 2 2. A person may apply to the department to receive 3 financial incentives on a cost-share basis. The 4 department shall forward the applications to the 5 underground storage tank fund board as required by 6 that board for evaluation and recommendation. The 7 underground storage tank fund board may rank the 8 applications with comments and shall forward them to 9 the infrastructure board for approval or disapproval. 10 The department shall award financial incentives 11 on a cost-share basis to an eligible person whose 12 application was approved by the infrastructure board. 13 Sec. ___. Section 159A.15, subsection 1, Code 2016, 14 is amended to read as follows: 15 1. A person may apply to the department to receive 16 financial incentives on a cost-share basis. The 17 department shall forward the applications to the 18 underground storage tank fund board as required by 19 that board for evaluation and recommendation. The 20 underground storage tank fund board may rank the 21 applications with comments and shall forward them to 22 the infrastructure board for approval or disapproval. 23 The department shall award financial incentives 24 on a cost-share basis to an eligible person whose 25 application was approved by the infrastructure board. 26 Sec. ___. Section 323.1, subsection 16, Code 2016, 27 is amended to read as follows: 28 16. “Storage tank” means a motor fuel storage tank 29 as defined in section 214.1 , including an underground 30 storage tank subject to regulation under chapter 455G . 31 Sec. ___. Section 422.7, subsection 2, paragraph u, 32 Code 2016, is amended by striking the paragraph. 33 Sec. ___. Section 455B.174, subsection 4, paragraph 34 d, Code 2016, is amended to read as follows: 35 -4- HF2459.3496 (1) 86 tm/rn 4/ 18

d. If a public water supply has a groundwater 1 source that contains petroleum, a fraction of crude 2 oil, or their degradation products, or is located 3 in an area deemed by the department as likely to be 4 contaminated by such materials, and after consultation 5 with the public water supply system and consideration 6 of all applicable rules relating to remediation, the 7 department may require the public water supply system 8 to replace that groundwater source in order to receive 9 a permit to operate. The requirement to replace the 10 source shall only be made by the department if the 11 public water supply system is fully compensated for 12 any additional design, construction, operation, and 13 monitoring costs from the Iowa comprehensive petroleum 14 underground storage tank tanks fund created by chapter 15 455G section 455B.472A or from any other funds that 16 do not impose a financial obligation on the part of 17 the public water supply system. Funds available to 18 or provided by the public water supply system may be 19 used for system improvements made in conjunction with 20 replacement of the source. The department cannot 21 require a public water supply system to replace its 22 water source with a less reliable water source or with 23 a source that does not meet federal primary, secondary, 24 or other health-based standards unless treatment is 25 provided to ensure that the drinking water meets these 26 standards. Nothing in this paragraph shall affect the 27 public water supply system’s right to pursue recovery 28 from a responsible party. 29 Sec. ___. Section 455B.471, Code 2016, is amended 30 by adding the following new subsections: 31 NEW SUBSECTION . 01. “Authority” means the Iowa 32 finance authority. 33 NEW SUBSECTION . 1A. “Claimant” means an owner or 34 operator who has received assistance under the Iowa 35 -5- HF2459.3496 (1) 86 tm/rn 5/ 18

tanks fund or its predecessor, the Iowa comprehensive 1 petroleum underground storage tank fund created in 2 chapter 455G, Code 2017. 3 NEW SUBSECTION . 2A. “Costs” means all costs, 4 charges, expenses, or other indebtedness incurred 5 by a claimant and determined by the department as 6 reasonable and necessary for carrying out all works 7 and undertakings necessary or incidental to the 8 accomplishment of any project. 9 NEW SUBSECTION . 3A. “Insurance” means any form 10 of financial assistance or showing of financial 11 responsibility sufficient to comply with the federal 12 Resource Conservation and Recovery Act, 42 U.S.C. §6901 13 et seq., or the department’s underground storage tank 14 financial responsibility rules. 15 NEW SUBSECTION . 7A. “Potentially responsible party” 16 means a person who may be responsible or liable for 17 a release for which the fund has made payments for 18 corrective action or third-party liability. 19 NEW SUBSECTION . 9A. “Tank” means an underground 20 storage tank for which proof of financial 21 responsibility is, or on a date definite will 22 be, required to be maintained pursuant to the federal 23 Resource Conservation and Recovery Act and the 24 regulations from time-to-time adopted pursuant to that 25 Act or successor Acts or amendments. 26 NEW SUBSECTION . 10A. “Third-party liability” means 27 both of the following: 28 a. Property damage including physical injury to 29 tangible property, but not including loss of use, other 30 than costs to remediate. 31 b. Bodily injury including sickness, bodily injury, 32 illness, or death. 33 Sec. ___. Section 455B.471, subsection 1, Code 34 2016, is amended by striking the subsection. 35 -6- HF2459.3496 (1) 86 tm/rn 6/ 18

Sec. ___. Section 455B.471, subsection 3, Code 1 2016, is amended to read as follows: 2 3. “Fund” means the Iowa comprehensive petroleum 3 underground storage tank tanks fund created in section 4 455B.472A . 5 Sec. ___. NEW SECTION . 455B.472A Iowa tanks fund 6 financing program —— fund created. 7 1. The department, in cooperation with the 8 authority, shall establish and administer an Iowa tanks 9 fund financing program for the purpose of reimbursing 10 underground storage tank owners for all or part of 11 the costs of corrective action for previously unknown 12 petroleum releases. The department and the authority 13 may together enter into and provide any agreements, 14 documents, instruments, certificates, data, or 15 information necessary in connection with the operation, 16 administration, and financing of the program consistent 17 with this part, the federal Resource Conservation and 18 Recovery Act, 42 U.S.C. §6901 et seq., the rules of 19 the commission, the rules of the authority, and other 20 applicable federal and state law. The authority and 21 the department may act to conform the program to the 22 applicable guidance and regulations adopted by the 23 United States environmental protection agency. 24 2. An Iowa tanks fund is created in the state 25 treasury under the control of the authority and 26 consisting of moneys appropriated or transferred to 27 the fund, cost recovery enforcement moneys collected 28 pursuant to section 455B.472B, civil enforcement 29 moneys recovered pursuant to section 455B.477, interest 30 attributable to moneys in the fund, moneys in the form 31 of a devise, gift, bequest, donation, federal or other 32 grant, reimbursement, repayment, judgment, or payment 33 from any source intended to be used for the purposes 34 of the fund, all receipts by the fund, and any other 35 -7- HF2459.3496 (1) 86 tm/rn 7/ 18

moneys credited to the fund from any public or private 1 source. Notwithstanding section 12C.7, subsection 2, 2 interest or earnings on moneys in the Iowa tanks fund 3 shall be credited to the Iowa tanks fund. 4 3. Moneys in the Iowa tanks fund shall be used to 5 reimburse tank owners for all or part of the costs of 6 a corrective action for a petroleum release, and for 7 administrative costs of the department. 8 4. Moneys in the Iowa tanks fund are not considered 9 part of the general fund of the state, are not subject 10 to appropriation for any other purpose by the general 11 assembly, and the balance of the Iowa tanks fund shall 12 not be considered part of the balance of the general 13 fund of the state. The fund is a separate dedicated 14 fund under the administration and control of the 15 authority as provided under section 16.146. 16 5. The state, the general fund of the state, and 17 all other funds of the state other than the Iowa tanks 18 fund are not liable for a claim or cause of action in 19 connection with a tank not owned or operated by the 20 state, or agency of the state. All expenses incurred 21 by the fund are payable solely from the fund and no 22 liability or obligation is imposed upon the state. 23 The liability of the fund is limited to the extent of 24 coverage provided by the applicable account within the 25 fund under which a claim is submitted, subject to the 26 terms and conditions of that coverage. The liability 27 of the fund is further limited by the moneys made 28 available to the fund, and no remedy shall be ordered 29 which would require the fund to exceed its then current 30 funding limitations to satisfy an award or which would 31 restrict the availability of moneys for higher priority 32 sites. The state is not liable for a claim presented 33 against the fund. 34 6. The department shall prioritize uses of the 35 -8- HF2459.3496 (1) 86 tm/rn 8/ 18

moneys in the fund based upon rules adopted by 1 the commission in cooperation with the authority. 2 Department discretion for use of the moneys in the fund 3 shall not be subject to section 455B.478. 4 7. a. For the fiscal year beginning July 1, 2017, 5 and each fiscal year thereafter, there is appropriated 6 from the Iowa tanks fund to the department two hundred 7 thousand dollars to support the administration of the 8 fund. 9 b. Notwithstanding section 8.33, moneys 10 appropriated in this subsection that remain 11 unencumbered or unobligated at the close of the fiscal 12 year shall not revert but shall remain available for 13 expenditure for the purposes designated until the close 14 of the succeeding fiscal year. 15 c. This subsection is repealed July 1, 2022. 16 Sec. ___. NEW SECTION . 455B.472B Cost recovery 17 enforcement. 18 1. Full recovery sought from owner. The department 19 may seek full recovery from the owner, operator, or 20 other potentially responsible party liable for the 21 released petroleum which is the subject of a corrective 22 action, for which the Iowa tanks fund expends moneys, 23 or for which the former Iowa comprehensive petroleum 24 underground storage tank fund established pursuant 25 to section 455G.3, Code 2017, expended moneys, for 26 corrective action or third-party liability, and for all 27 other costs, including reasonable attorney fees and 28 costs of litigation for which moneys are expended by 29 the fund in connection with the release. When federal 30 cleanup funds are recovered, the federal cleanup funds 31 shall be used solely for the purpose of future cleanup 32 activities. 33 2. Limitation of liability of owner or 34 operator. Except as provided in subsection 3, 35 -9- HF2459.3496 (1) 86 tm/rn 9/ 18

the department shall not seek recovery for expenses in 1 connection with corrective action for a release from 2 an owner or operator eligible for assistance under 3 the Iowa tanks fund except for any unpaid portion of 4 the deductible or copayment. This section does not 5 affect any authorization of the department to impose 6 or collect civil or administrative fines or penalties 7 or fees. The fund shall not be held liable for any 8 third-party liability. 9 3. Owner or operator not in compliance, subject 10 to full and total cost recovery. Notwithstanding 11 subsection 2, the liability of an owner or operator 12 shall be the full and total costs of corrective action 13 and bodily injury or property damage to third parties, 14 as specified in subsection 1, if the owner or operator 15 has not complied with the financial responsibility or 16 other underground storage tank rules of the department 17 or with this part and rules adopted under this part. 18 4. Treble damages for certain violations. 19 a. Notwithstanding subsections 2 and 3, the owner 20 or operator, or both, of a tank are liable to the Iowa 21 tanks fund for punitive damages in an amount equal 22 to three times the amount of any cost incurred or 23 moneys expended by the fund as a result of a release of 24 petroleum from the tank if the owner or operator did 25 any of the following: 26 (1) Failed, without sufficient cause, to respond 27 to a release of petroleum from the tank upon, or in 28 accordance with, a notice issued by the director of the 29 department. 30 (2) After May 5, 1989, failed to perform any of the 31 following: 32 (a) Failed to register the tank, which was known to 33 exist or reasonably should have been known to exist. 34 (b) Intentionally failed to report a known release. 35 -10- HF2459.3496 (1) 86 tm/rn 10/ 18

b. The punitive damages imposed under this 1 subsection are in addition to any costs or expenditures 2 recovered from the owner or operator pursuant to this 3 part and in addition to any other penalty or relief 4 provided by this part or any other law. 5 c. However, the state, a city, county, or other 6 political subdivision shall not be liable for punitive 7 damages. 8 5. Lien on tank site. Any amount for which an 9 owner or operator is liable to the Iowa tanks fund, 10 if not paid when due, by statute, rule, or contract, 11 or determination of liability by the department 12 after hearing, shall constitute a lien upon the real 13 property where the tank, which was the subject of 14 corrective action, is situated, and the liability shall 15 be collected in the same manner as the environmental 16 protection charge pursuant to section 424.11, Code 17 2016. 18 6. Joinder of parties. The department has standing 19 in any case or contested action related to the Iowa 20 tanks fund or a tank to assert any claim that the 21 department may have regarding the tank at issue in the 22 case or contested action. Upon motion and sufficient 23 showing by a party to a cost recovery or subrogation 24 action provided for under this section, the court or 25 the administrative law judge shall join to the action 26 any potentially responsible party who may be liable for 27 costs and expenditures of the type recoverable pursuant 28 to this section. 29 7. Strict liability. The standard of liability for 30 a release of petroleum or other regulated substance is 31 strict liability. 32 8. Third-party contracts not binding on department 33 —— proceedings against responsible party. An insurance, 34 indemnification, hold harmless, conveyance, or similar 35 -11- HF2459.3496 (1) 86 tm/rn 11/ 18

risk-sharing or risk-shifting agreement shall not 1 be effective to transfer any liability for costs 2 recoverable under this section. The department may 3 proceed directly against the owner or operator or other 4 allegedly responsible party. This section does not bar 5 any agreement to insure, hold harmless, or indemnify a 6 party to the agreement for any costs or expenditures 7 under this part, and does not modify rights between 8 the parties to an agreement, except to the extent the 9 agreement shifts liability to an owner or operator 10 eligible for assistance under the Iowa tanks fund 11 for any damages or other expenses in connection with 12 a corrective action for which another potentially 13 responsible party is or may be liable. Any such 14 provision is null and void and of no force or effect. 15 9. Later proceedings permitted against other 16 parties. The entry of judgment against a party to the 17 action does not bar a future action by the department 18 against another person who is later alleged to be or 19 discovered to be liable for costs and expenditures 20 paid by the Iowa tanks fund. Notwithstanding section 21 668.5, a potentially responsible party shall not seek 22 contribution or any other recovery from an owner or 23 operator eligible for assistance under the fund for 24 damages or other expenses in connection with corrective 25 action for a release for which the potentially 26 responsible party is or may be liable. Subsequent 27 successful proceedings against another party shall not 28 modify or reduce the liability of a party against whom 29 judgment has been previously entered. 30 10. Claims against potentially responsible parties. 31 a. Upon payment by the Iowa tanks fund for 32 corrective action or third-party liability pursuant 33 to this part, the rights of the claimant to recover 34 payment from any potentially responsible party are 35 -12- HF2459.3496 (1) 86 tm/rn 12/ 18

assumed by the department to the extent paid by the 1 fund. A claimant is precluded from receiving double 2 compensation for the same injury. 3 b. In an action brought pursuant to this part 4 seeking damages for corrective action or third-party 5 liability, the court shall permit evidence and argument 6 as to the replacement or indemnification of actual 7 economic losses incurred or to be incurred in the 8 future by the claimant by reason of insurance benefits, 9 governmental benefits or programs, or from any other 10 source. 11 c. A claimant may elect to permit the department to 12 pursue the claimant’s cause of action for any injury 13 not compensated by the Iowa tanks fund against any 14 potentially responsible party, provided the attorney 15 general determines such representation would not be a 16 conflict of interest. If a claimant so elects, the 17 department’s litigation expenses shall be shared on a 18 pro rata basis with the claimant, but the claimant’s 19 share of litigation expenses is payable exclusively 20 from any share of the settlement or judgment payable 21 to the claimant. 22 11. Exclusion of punitive damages. The Iowa tanks 23 fund shall not be liable in any case for punitive 24 damages. 25 Sec. ___. Section 455B.474, subsection 1, paragraph 26 a, subparagraph (6), subparagraph divisions (g), (i), 27 and (j), Code 2016, are amended to read as follows: 28 (g) An owner or operator may elect to proceed with 29 additional corrective action on the site. However, 30 any action taken in addition to that required pursuant 31 to this subparagraph (6), shall be solely at the 32 expense of the owner or operator and shall not be 33 considered corrective action for purposes of section 34 455G.9 455B.472A , unless otherwise previously agreed 35 -13- HF2459.3496 (1) 86 tm/rn 13/ 18

to by the board department and the owner or operator 1 pursuant to section 455G.9, subsection 7 455B.472A . 2 Corrective action taken by an owner or operator due to 3 the department’s failure to meet the time requirements 4 provided in subparagraph division (e) shall be 5 considered corrective action for purposes of section 6 455G.9 455B.472A . 7 (i) Replacement or upgrade of a tank on a site 8 classified as a high or low risk site shall be equipped 9 with a secondary containment system with monitoring of 10 the space between the primary and secondary containment 11 structures or other board approved department-approved 12 tank system or methodology. 13 (j) The commission and the board department shall 14 cooperate to ensure that remedial measures required 15 by the corrective action rules adopted pursuant to 16 this subparagraph (6) are reasonably cost-effective 17 and shall, to the fullest extent possible, avoid 18 duplicating and conflicting requirements. 19 Sec. ___. Section 455B.474, subsection 9, paragraph 20 d, Code 2016, is amended to read as follows: 21 d. The certification of groundwater professionals 22 shall not impose liability on the board, the 23 department , or the fund for any claim or cause of 24 action of any nature, based on the action or inaction 25 of a groundwater professional certified pursuant to 26 this subsection . 27 Sec. ___. Section 455B.474, Code 2016, is amended 28 by adding the following new subsection: 29 NEW SUBSECTION . 11. Prioritization for use of 30 moneys from the Iowa tanks fund for corrective action 31 to address releases from petroleum underground storage 32 tanks. 33 Sec. ___. Section 455B.475, Code 2016, is amended 34 by adding the following new subsections: 35 -14- HF2459.3496 (1) 86 tm/rn 14/ 18

NEW SUBSECTION . 4. Assure that in combination with 1 existing state statutes and rules governing underground 2 storage tanks, the state will be, and continue to 3 be, recognized by the federal government as having an 4 “approved state account” under the federal Resource 5 Conservation and Recovery Act, 42 U.S.C. §6921–6934, 6 especially by compliance with the Act’s subtitle I 7 financial responsibility requirements as enacted in the 8 federal Superfund Amendments and Reauthorization Act 9 of 1986, 42 U.S.C. §9601 et seq., and the financial 10 responsibility regulations adopted by the United States 11 environmental protection agency at 40 C.F.R. pts. 12 280 and 281. Whenever possible, this part shall be 13 interpreted to further the purposes of, and to comply 14 and not to conflict with, such federal requirements. 15 NEW SUBSECTION . 5. Coordinate with the Iowa 16 finance authority to process, review, and pay claims 17 under the Iowa tanks fund financing program established 18 in section 455B.472A. 19 Sec. ___. Section 455B.477, subsection 7, Code 20 2016, is amended to read as follows: 21 7. The civil penalties or other damages or moneys 22 recovered by the state or the petroleum underground 23 storage tank fund in connection with a petroleum 24 underground storage tank under this part of this 25 division or chapter 455G shall be credited to the Iowa 26 tanks fund created in section 455G.3 and allocated 27 between fund accounts according to the fund budget 28 455B.472A . Any federal moneys, including but not 29 limited to federal underground storage tank trust 30 fund moneys, received by the state or the department 31 of natural resources in connection with a release 32 occurring on or after May 5, 1989, or received 33 generally for underground storage tank programs on 34 or after May 5, 1989, shall be credited to the fund 35 -15- HF2459.3496 (1) 86 tm/rn 15/ 18

created in section 455G.3 and allocated between fund 1 accounts according to the fund budget, unless such use 2 would be contrary to federal law. The department shall 3 cooperate with the board of the Iowa comprehensive 4 petroleum underground storage tank fund to maximize 5 the state’s eligibility for and receipt of federal 6 funds for underground storage tank related purposes 7 455B.472A . 8 Sec. ___. Section 455B.478, Code 2016, is amended 9 to read as follows: 10 455B.478 Judicial review. 11 Except as provided in section 455B.477, subsection 12 5 , and section 455B.472A , judicial review of an 13 order or other action of the commission or the 14 director may be sought in accordance with chapter 17A . 15 Notwithstanding chapter 17A , the Iowa administrative 16 procedure Act, petitions for judicial review may be 17 filed in the district court of the county in which the 18 alleged offense was committed or the final order was 19 entered. 20 Sec. ___. Section 455E.11, subsection 2, paragraph 21 d, subparagraph (3), Code 2016, is amended by striking 22 the subparagraph. 23 Sec. ___. NEW SECTION . 455G.22A Future repeal. 24 This subchapter is repealed July 1, 2017. 25 Sec. ___. Section 455I.2, subsection 5, paragraph 26 a, Code 2016, is amended to read as follows: 27 a. A federal or state program that is subject 28 to the jurisdiction of an agency, including but not 29 limited to programs established by chapters chapter 30 455B and 455G section 455B.472A , corrective or response 31 actions pursuant to 42 U.S.C. §6901 et seq., and 32 remedial actions under 42 U.S.C. §9601 et seq. 33 Sec. ___. TRANSITION PROVISIONS. 34 1. Upon repeal of chapter 455G, subchapter I, 35 -16- HF2459.3496 (1) 86 tm/rn 16/ 18

and the creation of the Iowa tanks fund pursuant to 1 section 455B.472A, as enacted in this Act, all moneys 2 in all funds administered by the Iowa comprehensive 3 petroleum underground storage tank fund board are 4 transferred to the Iowa finance authority for deposit 5 in the Iowa tanks fund. Any moneys credited to any 6 fund administered by the Iowa comprehensive petroleum 7 underground storage tank fund board after July 1, 2017, 8 are transferred to the Iowa finance authority for 9 deposit in the Iowa tanks fund. 10 2. Any rule, regulation, form, order, or directive 11 promulgated by the Iowa comprehensive petroleum 12 underground storage tank fund board as required to 13 administer and enforce the provisions relating to the 14 Iowa comprehensive petroleum underground storage tank 15 fund shall continue in full force and effect until 16 amended, repealed, or supplemented by affirmative 17 action of the department of natural resources and the 18 Iowa finance authority. 19 3. The Iowa comprehensive petroleum underground 20 storage tank fund board shall administratively close 21 or terminate any remaining liabilities, contracts, 22 outstanding claims, payments, or other obligations for 23 open comprehensive petroleum underground storage tank 24 fund claims in existence on June 30, 2017. 25 Sec. ___. EFFECTIVE DATE AND IMPLEMENTATION. This 26 division of this Act shall take effect July 1, 2017, 27 except that the department of natural resources and 28 the Iowa finance authority may begin implementation 29 prior to July 1, 2017, to the extent necessary to 30 transition to full implementation of the provisions 31 relating to the Iowa tanks fund and repeal of the Iowa 32 comprehensive petroleum underground storage tank fund. > 33 2. Title page, line 2, by striking < and > 34 3. Title page, line 3, after < matters > by inserting 35 -17- HF2459.3496 (1) 86 tm/rn 17/ 18 #2.