House File 2654 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON ENVIRONMENTAL
                                           PROTECTION

                                       (SUCCESSOR TO HSB 691)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to water use permit fees, creating a new water
  2    use permit fund, and making appropriations.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5447HV 82
  5 tw/nh/5

PAG LIN



  1  1    Section 1.  Section 423.3, Code Supplement 2007, is amended
  1  2 by adding the following new subsection:
  1  3    NEW SUBSECTION.  93.  Water use permit fees paid pursuant
  1  4 to section 455B.265.
  1  5    Sec. 2.  Section 455B.265, Code 2007, is amended by adding
  1  6 the following new subsection:
  1  7    NEW SUBSECTION.  6.  The department may charge a fee to a
  1  8 person who has been granted a permit pursuant to this section
  1  9 or is required to have a permit pursuant to section 455B.268.
  1 10 The commission shall adopt by rule the fee amounts.
  1 11    a.  The amount of a fee shall be based on the department's
  1 12 reasonable cost of reviewing applications, issuing permits,
  1 13 ensuring compliance with the terms of the permits, and
  1 14 resolving water interference complaints.  The commission shall
  1 15 calculate the fees to produce total revenues of not more than
  1 16 five hundred thousand dollars for each fiscal year, commencing
  1 17 with the fiscal year beginning July 1, 2008, and ending June
  1 18 30, 2009.
  1 19    b.  Fees collected pursuant to this subsection shall be
  1 20 credited to the water use permit fund created in section
  1 21 455B.265A.
  1 22    c.  The commission shall annually review the amount of
  1 23 moneys generated by the fees, the balance in the water use
  1 24 permit fund, and the anticipated expenses for the succeeding
  1 25 fiscal year.
  1 26    d.  Fees paid pursuant to this section shall not be subject
  1 27 to sales or services taxes.
  1 28    Sec. 3.  NEW SECTION.  455B.265A  WATER USE PERMIT FUND ==
  1 29 APPROPRIATION.
  1 30    1.  A water use permit fund is created in the state
  1 31 treasury.  The fund shall be separate from the general fund of
  1 32 the state and shall be under the control of the department.
  1 33    2.  Moneys credited to the fund from the fees assessed
  1 34 pursuant to section 455B.265, subsection 6, are appropriated
  1 35 to the department and shall be used for all of the following
  2  1 purposes:
  2  2    a.  Reviewing applications for permits under section
  2  3 455B.265, issuing permits, and providing technical assistance
  2  4 to permit applicants.
  2  5    b.  Ensuring compliance with the terms of the permits.
  2  6    c.  Implementing and enforcing the provisions of sections
  2  7 455B.261 through 455B.281 pertaining to water allocation, use,
  2  8 diversion, storage, and withdrawal, and completing
  2  9 investigations needed to issue new or modified permits or to
  2 10 resolve water interference complaints.
  2 11    3.  Notwithstanding section 8.33, any unexpended balance in
  2 12 the fund at the end of a fiscal year shall be retained in the
  2 13 fund.
  2 14    4.  Notwithstanding section 12C.7, subsection 2, interest,
  2 15 earnings on investments, or time deposits of the moneys in the
  2 16 fund shall be retained in the fund.
  2 17                           EXPLANATION
  2 18    This bill relates to water use permit fees for diverting,
  2 19 storing, or withdrawing water.
  2 20    The bill creates a water use permit fund for revenue
  2 21 generated by annual water use permit fees.  The bill allows
  2 22 the environmental protection commission to set the fees
  2 23 according to the department of natural resources' costs
  2 24 relating to the permits.  The department must calculate the
  2 25 fees to produce total revenues of an amount not to exceed
  2 26 $500,000 in a fiscal year.  The fees paid are not subject to
  2 27 sales or services taxes.
  2 28    The bill appropriates the money in the fund to the
  2 29 department to be used for the purposes provided in the bill.
  2 30 Specifically, the bill requires that moneys be used to review
  2 31 applications, issue permits, and provide technical assistance
  2 32 to permit applicants; and to ensure compliance with the terms
  2 33 of the permits.
  2 34    The bill requires the commission to annually review the
  2 35 amount of moneys generated by fees, the balance in the fund,
  3  1 and anticipated expenses for the succeeding fiscal year.
  3  2 LSB 5447HV 82
  3  3 tw/nh/5