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