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