House Study Bill 553 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON ENVIRONMENTAL PROTECTION BILL BY CHAIRPERSON FISHER) A BILL FOR An Act relating to the submission of a groundwater hazard 1 statement. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5165YC (2) 89 js/ns

H.F. _____ Section 1. Section 558.69, subsection 1, unnumbered 1 paragraph 1, Code 2022, is amended to read as follows: 2 With each declaration of value submitted to the county 3 recorder under chapter 428A , except as specified in subsection 4 8A, there shall be submitted a groundwater hazard statement 5 stating all of the following: 6 Sec. 2. Section 558.69, subsection 3, Code 2022, is amended 7 by striking the subsection. 8 Sec. 3. Section 558.69, subsections 4 and 7, Code 2022, are 9 amended to read as follows: 10 4. A buyer of property shall be provided with a copy of the 11 submitted groundwater hazard statement , if required under this 12 section, by the seller. 13 7. The county recorder shall transmit the groundwater 14 hazard statements to the department of natural resources 15 at times and in a manner directed by the director of the 16 department . Groundwater hazard statements may be transmitted 17 electronically to the department or may be presented to the 18 department through a browser interface provided through the 19 county land record information system. The form and timing of 20 the transmittal shall be determined by the department and the 21 county recorders. 22 Sec. 4. Section 558.69, Code 2022, is amended by adding the 23 following new subsections: 24 NEW SUBSECTION . 8A. a. If there are no hazardous 25 conditions present, as described in subsection 1, then a 26 groundwater hazard statement shall not be submitted. In lieu 27 of the submission of a groundwater hazard statement, any deed, 28 instrument, or writing by which any real property in this state 29 shall be granted, assigned, transferred, or otherwise conveyed 30 shall include on the first page of the deed, instrument, or 31 writing the following statement: 32 There is no known groundwater hazard and, therefore, the 33 parcel is exempt from including a groundwater hazard statement 34 pursuant to Iowa Code section 558.69. 35 -1- LSB 5165YC (2) 89 js/ns 1/ 3

H.F. _____ b. The owner of the property is responsible for the accuracy 1 of the statement provided in paragraph “a” . 2 NEW SUBSECTION . 8B. The county recorder shall refuse 3 to record any deed, instrument, or writing by which any real 4 property in this state shall be granted, assigned, transferred, 5 or otherwise conveyed if the deed, instrument, or writing 6 and a required declaration of value is not accompanied by a 7 groundwater hazard statement, if required under this section, 8 or if the first page of the deed, instrument, or writing does 9 not include the statement provided in subsection 8A, paragraph 10 “a” , if required under this section. 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 submission of a groundwater hazard 15 statement with a declaration of value upon the conveyance 16 of real property. Under current law, a groundwater hazard 17 statement stating whether certain groundwater hazards exist 18 shall accompany each declaration of value submitted to a county 19 recorder when any real property in this state is granted, 20 assigned, transferred, or otherwise conveyed. Current law also 21 requires a county recorder to transmit a groundwater hazard 22 statement to the department of natural resources (DNR) as 23 directed by the DNR director. 24 Under the bill, a person shall not include a groundwater 25 hazard statement with a deed, instrument, or writing if no 26 hazardous conditions exist on the property. Rather, the first 27 page of the deed, instrument, or writing shall include a 28 statement indicating that no groundwater hazard exists on the 29 property and, therefore, the parcel is exempt from including 30 a groundwater hazard statement. The owner of the property 31 is responsible for the accuracy of such statement. The bill 32 requires a county recorder to refuse to record any deed, 33 instrument, or writing by which any real property in this state 34 is conveyed if the deed, instrument, or writing and a required 35 -2- LSB 5165YC (2) 89 js/ns 2/ 3

H.F. _____ declaration of value is not accompanied by a groundwater 1 hazard statement, if required, or if the exemption statement 2 is not present on the first page of the deed, instrument, or 3 writing, if required. Additionally, the bill authorizes a 4 county recorder to transmit a groundwater hazard statement to 5 DNR electronically or presented through a browser interface 6 provided by the county land record information system as 7 determined by DNR and the county recorders. 8 -3- LSB 5165YC (2) 89 js/ns 3/ 3