House File 2672 - Enrolled

PAG LIN



  1  1                                         HOUSE FILE 2672
  1  2
  1  3                             AN ACT
  1  4 RELATING TO WATER USE PERMIT FEES, CREATING A NEW WATER USE
  1  5    PERMIT FUND, AND MAKING APPROPRIATIONS.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 423.3, Code Supplement 2007, is amended
  1 10 by adding the following new subsection:
  1 11    NEW SUBSECTION.  93.  Water use permit fees paid pursuant
  1 12 to section 455B.265.
  1 13    Sec. 2.  Section 455B.265, Code 2007, is amended by adding
  1 14 the following new subsection:
  1 15    NEW SUBSECTION.  6.  The department may charge a fee to a
  1 16 person who has been granted a permit pursuant to this section
  1 17 or is required to have a permit pursuant to section 455B.268.
  1 18 The commission shall adopt by rule the fee amounts.
  1 19    a.  The amount of a fee shall be based on the department's
  1 20 reasonable cost of reviewing applications, issuing permits,
  1 21 ensuring compliance with the terms of the permits, and
  1 22 resolving water interference complaints.  The commission shall
  1 23 calculate the fees to produce total revenues of not more than
  1 24 five hundred thousand dollars for each fiscal year, commencing
  1 25 with the fiscal year beginning July 1, 2009, and ending June
  1 26 30, 2010.
  1 27    b.  Fees collected pursuant to this subsection shall be
  1 28 credited to the water use permit fund created in section
  1 29 455B.265A.
  1 30    c.  The commission shall annually review the amount of
  1 31 moneys generated by the fees, the balance in the water use
  1 32 permit fund, and the anticipated expenses for the succeeding
  1 33 fiscal year.
  1 34    d.  Fees paid pursuant to this section shall not be subject
  1 35 to sales or services taxes.
  2  1    e.  The department shall not require an applicant to pay
  2  2 both an annual fee and an application fee when submitting an
  2  3 application for a water use permit.
  2  4    Sec. 3.  NEW SECTION.  455B.265A  WATER USE PERMIT FUND ==
  2  5 APPROPRIATION.
  2  6    1.  A water use permit fund is created in the state
  2  7 treasury.  The fund shall be separate from the general fund of
  2  8 the state and shall be under the control of the department.
  2  9    2.  Moneys credited to the fund from the fees assessed
  2 10 pursuant to section 455B.265, subsection 6, are appropriated
  2 11 to the department and shall be used for all of the following
  2 12 purposes:
  2 13    a.  Reviewing applications for permits under section
  2 14 455B.265, issuing permits, and providing technical assistance
  2 15 to permit applicants.
  2 16    b.  Ensuring compliance with the terms of the permits.
  2 17    c.  Implementing and enforcing the provisions of sections
  2 18 455B.261 through 455B.281 pertaining to water allocation, use,
  2 19 diversion, storage, and withdrawal, and completing
  2 20 investigations needed to issue new or modified permits or to
  2 21 resolve water interference complaints.
  2 22    3.  Notwithstanding section 8.33, any unexpended balance in
  2 23 the fund at the end of a fiscal year shall be retained in the
  2 24 fund.
  2 25    4.  Notwithstanding section 12C.7, subsection 2, interest,
  2 26 earnings on investments, or time deposits of the moneys in the
  2 27 fund shall be retained in the fund.
  2 28    Sec. 4.  EMERGENCY RULES.  The department of natural
  2 29 resources may adopt emergency rules under section 17A.4,
  2 30 subsection 2, and section 17A.5, subsection 2, paragraph "b",
  2 31 to rescind any existing water use permit fees to facilitate
  2 32 implementation of this Act, and the rules shall be effective
  2 33 immediately upon filing unless a later date is specified in
  2 34 the rules.  Any rules adopted in accordance with this section
  2 35 shall also be published as a notice of intended action as
  3  1 provided in section 17A.4.
  3  2
  3  3
  3  4                                                             
  3  5                               PATRICK J. MURPHY
  3  6                               Speaker of the House
  3  7
  3  8
  3  9                                                             
  3 10                               JOHN P. KIBBIE
  3 11                               President of the Senate
  3 12
  3 13    I hereby certify that this bill originated in the House and
  3 14 is known as House File 2672, Eighty=second General Assembly.
  3 15
  3 16
  3 17                                                             
  3 18                               MARK BRANDSGARD
  3 19                               Chief Clerk of the House
  3 20 Approved                , 2008
  3 21
  3 22
  3 23                            
  3 24 CHESTER J. CULVER
  3 25 Governor