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 TLSB 1340YH (5) 87 gh/rn/nh
H.F. 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 -1- LSB 1340YH (5) 87 gh/rn/nh 1/ 3
H.F. 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 -2- LSB 1340YH (5) 87 gh/rn/nh 2/ 3
H.F. 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 -3- LSB 1340YH (5) 87 gh/rn/nh 3/ 3