House
File
155
-
Introduced
HOUSE
FILE
155
BY
ISENHART
and
KEARNS
A
BILL
FOR
An
Act
providing
for
the
establishment
of
a
crude
oil
disaster
1
prevention
and
response
fund,
establishing
fees,
and
making
2
an
appropriation.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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155
Section
1.
NEW
SECTION
.
455B.702
Crude
oil
disaster
1
prevention
and
response
fund.
2
1.
A
crude
oil
disaster
prevention
and
response
fund
is
3
created
within
the
state
treasury
under
the
control
of
the
4
department
of
natural
resources
consisting
of
moneys
received
5
in
the
form
of
crude
oil
disaster
prevention
and
response
6
fees
as
provided
in
section
455B.703.
Moneys
in
the
fund
are
7
appropriated
to
the
department
for
the
purposes
specified
in
8
subsection
3.
9
2.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
10
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
11
Notwithstanding
section
8.33,
moneys
credited
to
the
fund
that
12
remain
unexpended
or
unobligated
at
the
end
of
a
fiscal
year
13
shall
not
revert
to
any
other
fund.
14
3.
The
director
may
use
moneys
deposited
in
the
fund
for
any
15
of
the
following
purposes:
16
a.
For
railroad,
highway,
and
bridge
safety
inspections
in
17
collaboration
with
the
department
of
transportation.
18
b.
For
transfer
to
the
department
of
commerce
revolving
19
fund
created
in
section
546.12
to
supplement
amounts
received
20
for
hazardous
liquid
pipeline
safety
inspections
pursuant
to
21
sections
479B.11
and
479B.23.
22
c.
For
the
control,
abatement,
and
prevention
of
hazardous
23
conditions
resulting
from
the
accidental
discharge
of
crude
24
oil
being
transported
through
the
state,
including
but
not
25
limited
to
emergency
responder
training
and
equipment,
and
26
prevention,
response,
cleanup,
and
mitigation
efforts.
The
27
director
shall
make
all
reasonable
efforts
to
recover
the
28
full
amount
of
moneys
expended
from
the
fund
for
prevention,
29
response,
cleanup,
and
mitigation
efforts
through
litigation
or
30
cooperative
agreements
with
responsible
persons,
with
moneys
31
recovered
deposited
with
the
treasurer
of
state
and
credited
to
32
the
crude
oil
disaster
prevention
and
response
fund.
33
Sec.
2.
NEW
SECTION
.
455B.703
Crude
oil
disaster
prevention
34
and
response
fee.
35
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155
A
crude
oil
disaster
prevention
and
response
fee
shall
be
1
assessed
against
and
collected
from
the
owner
or
operator
of
a
2
pipeline
company,
as
defined
in
section
479B.2,
in
an
amount
3
equal
to
twenty-four
ten-thousandths
of
one
cent
per
gallon
4
of
crude
oil
transported
out
of
the
state
by
pipeline,
rail,
5
truck,
or
other
means,
whether
such
oil
has
been
extracted
6
within
or
outside
of
the
state.
The
director
shall
establish
7
by
rule
procedures
for
the
assessment
and
collection
of
8
the
fees.
Fees
collected
pursuant
to
this
section
shall
be
9
deposited
in
the
crude
oil
disaster
prevention
and
response
10
fund
created
in
section
455B.702.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
the
transporting
of
crude
oil
through
15
Iowa
by
establishing
a
crude
oil
disaster
prevention
and
16
response
fee
and
fund.
17
The
bill
creates
the
crude
oil
disaster
prevention
and
18
response
fund
in
the
state
treasury
under
the
control
of
the
19
department
of
natural
resources.
The
bill
appropriates
moneys
20
deposited
in
the
fund
to
the
department
and
provides
that
the
21
director
of
the
department
may
use
moneys
deposited
in
the
fund
22
for
any
of
several
purposes,
including
for
providing
railroad,
23
highway,
and
bridge
safety
inspections
in
collaboration
24
with
the
department
of
transportation,
for
transfer
to
the
25
department
of
commerce
revolving
fund
to
supplement
hazardous
26
liquid
pipeline
inspection
fees
received
pursuant
to
Code
27
sections
479B.11
and
479B.23,
and
for
the
control,
abatement,
28
and
prevention
of
hazardous
conditions
resulting
from
the
29
accidental
discharge
of
crude
oil
being
transported
through
30
the
state,
including
but
not
limited
to
emergency
responder
31
training
and
equipment,
and
disaster
prevention,
response,
and
32
mitigation
efforts.
33
With
regard
to
prevention,
response,
cleanup,
and
mitigation
34
efforts,
the
bill
provides
that
the
director
shall
make
35
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155
all
reasonable
efforts
to
recover
the
full
amount
of
moneys
1
expended
from
the
fund
for
response,
cleanup,
and
mitigation
2
efforts
through
litigation
or
cooperative
agreements
with
3
responsible
persons,
with
moneys
recovered
credited
to
the
4
crude
oil
disaster
prevention
and
response
fund.
5
The
bill
establishes
a
crude
oil
disaster
prevention
and
6
response
fee
to
be
assessed
against
and
collected
from
the
7
owner
or
operator
of
a
pipeline
company,
as
defined
in
Code
8
section
479B.2,
in
an
amount
equal
to
0.0024
of
1
cent
per
9
gallon
of
crude
oil
transported
out
of
the
state
by
pipeline,
10
rail,
truck,
or
other
means,
whether
such
oil
has
been
11
extracted
within
or
outside
of
the
state.
The
bill
provides
12
that
the
director
shall
establish
by
rule
procedures
for
the
13
assessment
and
collection
of
the
fees,
and
that
the
fees
shall
14
be
deposited
in
the
crude
oil
disaster
prevention
and
response
15
fund.
16
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