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