House
File
2567
-
Introduced
HOUSE
FILE
2567
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HSB
689)
A
BILL
FOR
An
Act
relating
to
the
E-15
gasoline
infrastructure
program,
1
by
providing
for
the
award
of
financial
incentives
to
2
participating
persons.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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6326HV
(2)
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H.F.
2567
Section
1.
NEW
SECTION
.
159A.14A
E-15
gasoline
1
infrastructure
program.
2
1.
An
E-15
gasoline
infrastructure
program
is
established
3
in
the
department
under
the
direction
of
the
infrastructure
4
board.
5
2.
The
purpose
of
the
program
is
to
improve
existing
retail
6
motor
fuel
sites
and
terminals
by
installing,
replacing,
or
7
converting
infrastructure
to
be
used
to
store,
blend,
or
8
dispense
E-15
gasoline.
9
3.
The
infrastructure
must
be
designed
and
shall
be
used
10
exclusively
to
store
or
dispense
E-15
gasoline
as
a
registered
11
fuel
recognized
by
the
United
States
environmental
protection
12
agency.
Eligible
infrastructure
includes
tanks
and
all
13
associated
equipment,
including
but
not
limited
to
pipes,
14
hoses,
tubes,
lines,
fittings,
valves,
filters,
seals,
and
15
covers.
However,
eligible
infrastructure
does
not
include
16
motor
fuel
pumps,
motor
fuel
blender
pumps,
or
tank
vehicles.
17
4.
The
infrastructure
board
shall
approve
cost-share
18
agreements
to
make
infrastructure
improvements
if
executed
19
by
the
department
and
persons
that
the
infrastructure
board
20
determines
are
eligible
as
provided
in
this
section,
according
21
to
terms
and
conditions
required
by
the
infrastructure
board.
22
The
infrastructure
board
shall
determine
the
amount
of
the
23
financial
incentives
to
be
awarded
to
a
person
participating
24
in
the
program
subject
to
the
limitations
provided
in
this
25
section.
In
order
for
a
person
to
be
eligible
to
participate
26
in
the
program
all
of
the
following
must
apply:
27
a.
The
person
must
be
an
owner
or
operator
of
a
retail
motor
28
fuel
site,
or
a
terminal
operator.
29
b.
The
person
must
apply
to
the
department
in
a
manner
and
30
according
to
procedures
required
by
the
infrastructure
board.
31
The
application
must
contain
all
information
required
by
the
32
infrastructure
board
and
shall
at
least
include
all
of
the
33
following:
34
(1)
The
name
of
the
person
and
the
address
of
the
retail
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motor
fuel
site
or
terminal
to
be
improved.
1
(2)
A
detailed
description
of
the
infrastructure
to
2
be
installed,
replaced,
or
converted.
For
a
storage
tank
3
installed
at
a
retail
motor
fuel
site,
the
information
shall
4
include
the
model
number
of
each
installed,
replaced,
or
5
converted
motor
fuel
storage
tank
if
available.
6
(3)
A
statement
describing
how
the
retail
motor
fuel
site
7
or
terminal
is
to
be
improved,
the
total
estimated
cost
of
the
8
planned
improvement,
and
the
date
when
the
infrastructure
will
9
be
first
used
following
the
completion
of
the
improvement.
10
(4)
A
statement
certifying
that
the
infrastructure
shall
11
only
be
used
to
comply
with
the
provisions
of
this
section
and
12
as
specified
in
the
cost-share
agreement,
unless
granted
a
13
waiver
by
the
infrastructure
board
pursuant
to
this
section.
14
5.
A
retail
motor
fuel
site
or
terminal
improved
using
15
financial
incentives
awarded
under
this
section
must
comply
16
with
applicable
federal
and
state
standards
governing
new
or
17
upgraded
motor
fuel
storage
tanks
used
to
store
and
dispense
18
E-15
gasoline.
A
retail
motor
fuel
site
issued
a
certificate
19
of
no
further
action
by
the
department
of
natural
resources
20
under
section
455B.474
shall
retain
its
classification
21
following
modifications
necessary
to
store
the
E-15
gasoline
22
and
the
owner
or
operator
of
the
retail
motor
fuel
site
shall
23
not
be
required
to
perform
a
new
site
assessment
unless
a
new
24
release
occurs
or
if
a
previously
unknown
or
unforeseen
risk
25
condition
arises.
26
6.
An
award
of
financial
incentives
to
a
participating
27
person
shall
be
on
a
cost-share
basis
in
the
form
of
a
grant.
28
To
participate
in
the
program,
an
eligible
person
must
execute
29
a
cost-share
agreement
with
the
department
as
approved
by
30
the
infrastructure
board
in
which
the
person
contributes
a
31
percentage
of
the
total
costs
related
to
improving
the
retail
32
motor
fuel
site
or
terminal.
33
a.
A
cost-share
agreement
shall
be
for
five
years.
The
34
infrastructure
board
may
approve
multiple
improvements
to
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the
same
retail
motor
fuel
site
or
terminal
so
long
as
the
1
improvements
are
made
under
separate
cost-share
agreements.
2
b.
(1)
The
financial
incentives
awarded
to
a
participating
3
person
to
improve
a
retail
motor
fuel
site
shall
not
exceed
4
seventy
percent
of
the
actual
cost
of
making
the
improvement
or
5
one
hundred
thousand
dollars,
whichever
is
less.
6
(2)
The
infrastructure
board
may
approve
multiple
awards
of
7
financial
incentives
to
make
improvements
to
one
or
more
retail
8
motor
fuel
sites
so
long
as
the
total
amount
of
the
awards
does
9
not
exceed
the
limitations
provided
in
subparagraph
(1).
10
(3)
The
infrastructure
board
shall
not
award
a
total
of
11
more
than
five
hundred
thousand
dollars
in
financial
incentives
12
to
a
participating
person
to
make
improvements
to
one
or
more
13
retail
motor
fuel
sites
as
provided
in
subparagraphs
(1)
and
14
(2)
during
any
twelve-month
period.
15
7.
A
participating
person
awarded
financial
incentives
16
shall
not
use
the
infrastructure
to
store
and
dispense
motor
17
fuel
other
than
E-15
gasoline,
unless
one
of
the
following
18
applies:
19
a.
The
participating
person
is
granted
a
waiver
by
the
20
infrastructure
board.
The
participating
person
shall
store
or
21
dispense
the
motor
fuel
according
to
the
terms
and
conditions
22
of
the
waiver.
23
b.
The
E-15
gasoline
infrastructure
fund
created
in
24
section
159A.17
is
immediately
repaid
the
total
amount
of
25
moneys
awarded
to
the
participating
person
together
with
a
26
monetary
penalty
equal
to
twenty-five
percent
of
that
awarded
27
amount.
The
amount
shall
be
deposited
in
the
E-15
gasoline
28
infrastructure
fund
created
in
section
159A.17.
29
8.
A
participating
person
may
be
awarded
financial
30
incentives
under
this
section
regardless
of
whether
the
31
participating
person
received
financial
incentives
under
the
32
renewable
fuel
infrastructure
program
for
retail
motor
fuel
33
sites
established
in
section
159A.14.
34
9.
A
participating
person
who
acts
in
violation
of
an
35
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2567
agreement
executed
with
the
department
pursuant
to
this
section
1
is
subject
to
a
civil
penalty
of
not
more
than
one
thousand
2
dollars
per
day
for
each
day
of
the
violation.
The
civil
3
penalty
shall
be
deposited
into
the
general
fund
of
the
state.
4
Sec.
2.
NEW
SECTION
.
159A.17
E-15
gasoline
infrastructure
5
fund.
6
1.
An
E-15
gasoline
infrastructure
fund
is
created
in
the
7
state
treasury
under
the
control
of
the
department.
The
E-15
8
gasoline
infrastructure
fund
is
separate
from
the
general
fund
9
of
the
state.
10
2.
The
E-15
gasoline
infrastructure
fund
is
composed
11
of
moneys
appropriated
by
the
general
assembly
and
moneys
12
available
to
and
obtained
or
accepted
by
the
department
from
13
the
United
States
government
or
private
sources
for
placement
14
in
the
fund.
15
3.
Moneys
in
the
E-15
gasoline
infrastructure
fund
are
16
appropriated
to
the
department
exclusively
to
support
the
17
E-15
gasoline
infrastructure
program
as
provided
in
section
18
159A.14A,
and
as
allocated
in
financial
incentives
by
the
19
infrastructure
board.
The
moneys
shall
not
be
transferred,
20
used,
obligated,
appropriated,
or
otherwise
encumbered
except
21
to
allocate
as
financial
incentives
under
the
program.
22
4.
a.
The
recapture
of
awards
or
monetary
penalties
as
23
provided
in
section
159A.14A,
subsection
7,
or
other
repayments
24
of
moneys
originating
from
the
E-15
gasoline
infrastructure
25
fund,
shall
be
deposited
into
the
fund.
26
b.
Notwithstanding
section
12C.7,
interest
or
earnings
on
27
moneys
in
the
fund
shall
be
credited
to
the
fund.
28
c.
Notwithstanding
section
8.33,
unencumbered
and
29
unobligated
moneys
remaining
in
the
E-15
gasoline
30
infrastructure
fund
at
the
close
of
each
fiscal
year
shall
not
31
revert
but
shall
remain
available
in
the
fund
for
the
purposes
32
designated.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
creates
an
E-15
gasoline
infrastructure
program
2
(program)
to
support
the
improvement
of
retail
motor
fuel
sites
3
(sites)
and
terminals
installing,
replacing,
or
converting
4
motor
fuel
storage
tanks
(e.g.,
underground
storage
tanks)
5
and
associated
fittings
and
equipment,
other
than
dispensers
6
(motor
fuel
pumps).
The
bill
imposes
caps
on
the
amount
that
7
may
be
awarded
to
improve
a
site
or
awarded
for
one
or
more
8
sites
owned
and
operated
by
the
same
person
during
any
12-month
9
period.
An
award
to
an
owner
or
operator
of
a
site
or
the
10
operator
of
a
terminal
is
based
on
a
five-year
cost-share
11
agreement
(agreement)
executed
by
the
participating
person
12
and
the
department
of
agriculture
and
land
stewardship
acting
13
in
cooperation
with
the
renewable
fuel
infrastructure
board
14
(board).
The
bill
provides
that
the
board
may
waive
the
15
requirement
that
the
improved
infrastructure
be
used
to
store
16
and
dispense
E-15
gasoline.
A
participating
person
who
acts
in
17
violation
of
an
agreement
is
subject
to
a
civil
penalty.
The
18
bill
also
creates
an
E-15
gasoline
infrastructure
fund
that
is
19
used
to
support
the
program.
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