House File 2327 - Introduced HOUSE FILE 2327 BY COMMITTEE ON ENVIRONMENTAL PROTECTION (SUCCESSOR TO HSB 656) A BILL FOR An Act relating to the Iowa comprehensive petroleum underground 1 storage tank fund. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5440HV (2) 83 tm/nh
H.F. 2327 Section 1. Section 455B.474, subsection 1, paragraph f, 1 subparagraph (7), Code Supplement 2009, is amended to read as 2 follows: 3 (7) An owner or operator may elect to proceed with 4 additional corrective action on the site. However, any action 5 taken in addition to that required pursuant to this paragraph 6 “f” shall be solely at the expense of the owner or operator 7 and shall not be considered corrective action for purposes 8 of section 455G.9 , unless approved by the board pursuant to 9 section 455G.9, subsection 7 . 10 Sec. 2. Section 455G.9, subsection 7, Code 2009, is amended 11 to read as follows: 12 7. Expenses of cleanup not required. When an owner or 13 operator who is eligible for benefits under this chapter is 14 allowed by the department of natural resources to monitor in 15 place, the expenses incurred for cleanup beyond the level 16 required by the department of natural resources are not may 17 be covered under any of the accounts established under the fund 18 only if approved by the board as cost-effective relative to the 19 department accepted monitoring plan . The Any cleanup expenses 20 incurred for work completed beyond what is required approved 21 pursuant to this subsection is the responsibility of the person 22 contracting for the excess cleanup. 23 Sec. 3. REPEAL. 1989 Iowa Acts, chapter 131, section 63, 24 as amended by 2009 Iowa Acts, chapter 184, section 39, is 25 repealed. 26 EXPLANATION 27 This bill relates to the Iowa comprehensive petroleum 28 underground storage tank fund. 29 Currently, for eligible owners and operators of petroleum 30 underground storage tanks who are allowed to monitor in place, 31 expenses incurred for cleanup beyond the level required by 32 the department of natural resources are not covered under 33 any of the accounts established under the Iowa comprehensive 34 petroleum underground storage tank fund. The bill allows 35 -1- LSB 5440HV (2) 83 tm/nh 1/ 2
H.F. 2327 such owners and operators to receive moneys from the accounts 1 if the Iowa comprehensive petroleum underground storage tank 2 fund board determines the expenses are cost-effective relative 3 to the monitoring plan accepted by the department of natural 4 resources. The bill makes conforming amendments. 5 Currently, Code sections 455G.6 and 455G.7, relating to 6 the powers and duties of the Iowa comprehensive petroleum 7 underground storage tank fund board and the establishment by 8 the Iowa finance authority of certain capital reserve funds to 9 secure bonds issued for the fund, are repealed with certain 10 exceptions, effective July 1, 2010. The bill eliminates the 11 future repeal. 12 -2- LSB 5440HV (2) 83 tm/nh 2/ 2