House Study Bill 539 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL) A BILL FOR An Act relating to the level of fees imposed pursuant to the 1 land recycling program. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5242DP (3) 87 js/rn
S.F. _____ H.F. _____ Section 1. Section 455H.107, subsection 2, Code 2018, is 1 amended to read as follows: 2 2. All participants shall enter into an agreement with 3 the department to reimburse the department for actual costs 4 incurred by the department in reviewing documents submitted 5 as a part of the enrollment of the site. This fee shall not 6 exceed seven thousand five hundred dollars per enrolled site 7 for sites enrolled prior to July 1, 2018 . For sites enrolled 8 on or after July 1, 2018, the fee shall not exceed twenty-five 9 thousand dollars per enrolled site. An agreement entered 10 into under this subsection must allow the department access 11 to the enrolled site and must require a demonstration of the 12 participant’s ability to carry out a response action reasonably 13 associated with the enrolled site. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 Currently, the department of natural resources operates a 18 land recycling program to address potentially contaminated 19 sites throughout the state. Pursuant to the program, an 20 owner of potentially affected real property may enter into 21 a voluntary agreement with the department to avoid possible 22 litigation and fines if the property poses certain health 23 or safety risks. Upon enrollment in the program, an owner 24 must agree to reimburse the department for the actual costs 25 it incurs in reviewing documents that the owner submitted to 26 enroll the site. The reimbursement amount shall not exceed 27 $7,500 per enrolled site. 28 This bill increases the cap for reimbursement to the 29 department for reviewing submitted documents to $25,000 per 30 enrolled site for sites enrolled on or after July 1, 2018. The 31 current limit of no more than $7,500 per enrolled site remains 32 the same for sites enrolled prior to July 1, 2018. 33 -1- LSB 5242DP (3) 87 js/rn 1/ 1