House File 497 - Introduced
HOUSE FILE
BY COMMITTEE ON ENVIRONMENTAL
PROTECTION
(SUCCESSOR TO HSB 85)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to permit fees for diverting, storing, or
2 allocating water, making appropriations, and including an
3 effective date provision.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1279HV 82
6 tm/gg/14
PAG LIN
1 1 Section 1. Section 455B.265, Code 2007, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 6. The department may charge an annual
1 4 fee to a person that has been granted a permit pursuant to
1 5 this section or required to have a permit pursuant to section
1 6 455B.268. The commission shall adopt rules setting the fees.
1 7 The amount of a fee shall be based on the amount of water
1 8 stored, allocated, or diverted and the department's reasonable
1 9 cost of reviewing applications, issuing permits, and checking
1 10 compliance with terms of the permits. Fees collected pursuant
1 11 to this subsection are appropriated to the department for
1 12 purposes of this subsection. Each fiscal year, the department
1 13 shall not collect an aggregate amount of fees pursuant to this
1 14 subsection in excess of five hundred thousand dollars. The
1 15 commission shall annually review the amount of moneys
1 16 generated by fees, the balance in the fee account, and
1 17 anticipated expenses for the succeeding fiscal year. Moneys
1 18 generated by such fees shall be used to contract with
1 19 qualified parties to gather scientific information about
1 20 aquifer characteristics, quantity of water stored in an
1 21 aquifer, and the effects of withdrawing water from an aquifer,
1 22 and to review applications, issue permits, provide technical
1 23 assistance to permit applicants, and check compliance with
1 24 terms of the permits.
1 25 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1,
1 26 2008.
1 27 EXPLANATION
1 28 This bill relates to permit fees for diverting, storing, or
1 29 allocating water.
1 30 The bill allows the department of natural resources to
1 31 charge an annual fee to a person required to have a permit for
1 32 diverting, storing, or allocating water from any surface or
1 33 groundwater source or for diverting water or material from the
1 34 surface directly into an underground watercourse or basin.
1 35 The bill requires the environmental protection commission to
2 1 set the fees. The bill provides criteria for setting fees.
2 2 The bill appropriates fees collected to the department for
2 3 purposes provided in the bill. The bill provides that each
2 4 fiscal year, the department shall not collect an aggregate
2 5 amount of fees in excess of $500,000. The bill requires the
2 6 commission to annually review the amount of moneys generated
2 7 by fees, the balance in the fee account, and anticipated
2 8 expenses for the succeeding fiscal year. The bill requires
2 9 moneys generated by such fees to be used to contract with
2 10 qualified parties to gather scientific information about
2 11 aquifer characteristics, quantity of water stored in an
2 12 aquifer, and the effects of withdrawing water from an aquifer,
2 13 and to review applications, issue permits, provide technical
2 14 assistance to permit applicants, and check compliance with
2 15 terms of the permits.
2 16 The bill takes effect January 1, 2008.
2 17 LSB 1279HV 82
2 18 tm:rj/gg/14