Senate
File
2414
-
Introduced
SENATE
FILE
2414
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
SF
2327)
(SUCCESSOR
TO
SSB
3177)
A
BILL
FOR
An
Act
relating
to
underground
storage
tanks,
including
1
repealing
the
Iowa
comprehensive
petroleum
underground
2
storage
tank
fund
and
eliminating
the
Iowa
comprehensive
3
petroleum
underground
storage
tank
fund
board,
making
4
appropriations,
and
including
effective
date
and
transition
5
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
TLSB
6274SZ
(4)
90
lh/js
S.F.
2414
DIVISION
I
1
STORAGE
TANK
MANAGEMENT
ACCOUNT
2
Section
1.
Section
455B.471,
subsections
1
and
3,
Code
2024,
3
are
amended
by
striking
the
subsections.
4
Sec.
2.
Section
455B.471,
Code
2024,
is
amended
by
adding
5
the
following
new
subsections:
6
NEW
SUBSECTION
.
1A.
“Account”
means
the
storage
tank
7
management
account
created
in
the
groundwater
protection
fund
8
created
in
section
455E.11.
9
NEW
SUBSECTION
.
1B.
“Claimant”
means
an
owner
or
operator
10
who
has
received
assistance
under
the
account
or
the
Iowa
11
comprehensive
petroleum
underground
storage
tank
fund
created
12
in
section
455G.3,
Code
2024.
13
NEW
SUBSECTION
.
1C.
“Community
remediation”
means
a
14
curriculum
of
coordinated
testing,
planning,
or
remediation
15
involving
two
or
more
tank
sites
potentially
connected
with
a
16
continuous
contaminated
area,
pursuant
to
rules
adopted
by
the
17
commission
under
section
455B.474.
A
community
remediation
18
does
not
expand
the
scope
of
coverage
otherwise
available
or
19
relieve
liability
otherwise
imposed
under
state
or
federal
law.
20
NEW
SUBSECTION
.
2A.
“Costs”
means
all
costs,
charges,
21
expenses,
or
other
indebtedness
incurred
by
a
claimant
that
22
are
determined
by
the
department
to
be
reasonable
for
carrying
23
out
all
works
and
undertakings
necessary
or
incidental
to
the
24
accomplishment
of
any
project.
“Costs”
includes
reasonable
25
attorney
fees
and
costs
of
litigation
for
which
moneys
are
26
expended
from
the
account
in
connection
with
a
release.
27
NEW
SUBSECTION
.
3A.
“Insurance”
means
any
form
of
financial
28
assistance
or
showing
of
financial
responsibility
sufficient
29
to
comply
with
the
federal
Resource
Conservation
and
Recovery
30
Act,
42
U.S.C.
§6901
et
seq.,
or
the
department’s
underground
31
storage
tank
financial
responsibility
rules.
32
NEW
SUBSECTION
.
7A.
“Potentially
responsible
party”
means
a
33
person
who
may
be
responsible
or
liable
for
a
release
for
which
34
payments
from
the
account
were
made
for
corrective
action
or
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third-party
liability.
1
NEW
SUBSECTION
.
7B.
“Program”
means
the
storage
tank
2
management
account
financing
program
created
pursuant
to
3
section
455B.472A.
4
NEW
SUBSECTION
.
10A.
“Third-party
liability”
means
any
of
5
the
following:
6
a.
Property
damage
including
physical
injury
to
tangible
7
property,
but
not
including
loss
of
use.
Property
damage
does
8
not
include
costs
to
remediate.
9
b.
Bodily
injury
including
sickness,
physical
injury,
or
10
death.
11
Sec.
3.
NEW
SECTION
.
455B.472A
Storage
tank
management
12
account
financing
program.
13
1.
The
department
shall
establish
and
administer
a
storage
14
tank
management
account
financing
program
for
the
purpose
of
15
reimbursing
eligible
claimants
for
all
or
part
of
the
costs
of
16
corrective
action
for
petroleum
releases
previously
eligible
17
for
payment
from
the
Iowa
comprehensive
petroleum
underground
18
storage
tank
fund
pursuant
to
chapter
455G,
Code
2024.
19
2.
The
department
shall
distribute
financial
assistance,
up
20
to
one
million
dollars
total,
for
work
conducted
by
eligible
21
entities
that
comply
with
the
requirements
of
the
program.
The
22
department
shall
determine
if
work
completed
is
eligible
for
23
reimbursement
under
the
program.
24
3.
The
department
may
enter
into
any
agreements
and
provide
25
any
documents,
instruments,
certificates,
data,
or
information
26
necessary
in
connection
with
the
operation,
administration,
27
and
financing
of
the
program
consistent
with
this
part
8
of
28
subchapter
IV,
the
federal
Resource
Conservation
and
Recovery
29
Act,
42
U.S.C.
§6901
et
seq.,
the
rules
of
the
commission,
and
30
other
applicable
federal
and
state
law.
31
4.
The
department
may
act
to
conform
the
program
to
the
32
applicable
guidance
and
regulations
adopted
by
the
United
33
States
environmental
protection
agency.
34
5.
The
department
shall
administer
the
moneys
in
the
account
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transferred
pursuant
to
this
Act
to
carry
out
the
purposes
1
of
the
program
and
shall
manage
the
revenue,
administration,
2
restrictions,
and
disposition
of
the
moneys
in
the
account
3
transferred
pursuant
to
this
Act.
4
6.
Moneys
in
the
account
transferred
pursuant
to
this
Act
5
are
appropriated
to
the
department
for
the
purposes
set
forth
6
in
section
455E.11,
subsection
2,
paragraph
“d”
,
subparagraph
7
(1A).
8
7.
Payments
for
reimbursement
or
other
costs
relating
to
any
9
claim
or
cause
of
action
in
connection
with
a
tank
not
owned
or
10
operated
by
the
state
or
an
agency
of
the
state
shall
be
made
11
solely
from
the
account
and
no
liability
is
otherwise
imposed
12
upon
the
state.
Moneys
from
the
account
transferred
pursuant
13
to
this
Act
are
limited
to
the
extent
of
coverage
provided
by
14
the
provisions
set
forth
in
section
455E.11,
subsection
2,
15
paragraph
“d”
,
subparagraph
(1A).
A
court,
an
administrative
16
law
judge,
the
department,
or
the
commission
shall
not
order
or
17
approve
a
remedy
that
would
require
the
account
to
exceed
the
18
account’s
then
current
funding
limitations
to
satisfy
an
award
19
or
that
would
restrict
the
availability
of
moneys
for
higher
20
priority
sites.
The
state
is
not
otherwise
liable
for
a
claim
21
related
to
the
account
and
moneys
from
the
general
fund
shall
22
not
be
used
to
pay
for
reimbursement
or
other
costs
relating
23
to
any
claim
or
cause
of
action
in
connection
with
a
tank
not
24
owned
or
operated
by
the
state
or
an
agency
of
the
state.
25
Sec.
4.
NEW
SECTION
.
455B.472B
Cost
recovery
enforcement.
26
1.
Full
recovery
sought
by
department.
The
department
27
may
seek
full
recovery
from
an
owner,
operator,
or
other
28
potentially
responsible
party
liable
for
a
release
that
is
29
the
subject
of
a
corrective
action
for
which
moneys
from
30
the
account
are
expended,
or
for
which
moneys
from
the
Iowa
31
comprehensive
petroleum
underground
storage
tank
fund
created
32
in
section
455G.3,
Code
2024,
were
expended,
including
for
33
third-party
liability
and
for
all
other
costs.
If
federal
34
cleanup
moneys
are
recovered,
the
federal
cleanup
moneys
shall
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be
used
solely
for
the
purpose
of
future
cleanup
activities.
1
2.
Limitation
of
liability
of
owner
or
operator.
Except
2
as
provided
in
subsection
3,
the
department
shall
not
seek
3
recovery
for
expenses
in
connection
with
corrective
action
for
4
a
release
from
an
owner
or
operator
eligible
for
assistance
5
under
the
program,
except
for
any
unpaid
portion
of
the
6
deductible
or
copayment.
This
subsection
does
not
affect
any
7
authorization
of
the
department
to
impose
or
collect
civil
or
8
administrative
fines,
penalties,
or
fees.
Moneys
from
the
9
account
shall
not
be
used
to
pay
for
any
third-party
liability.
10
3.
Owner
or
operator
not
in
compliance.
Notwithstanding
11
subsection
2,
the
liability
of
an
owner
or
operator
shall
be
12
the
full
and
total
costs
of
corrective
action
and
bodily
injury
13
or
property
damage
to
third
parties,
as
specified
in
subsection
14
1,
if
the
owner
or
operator
has
not
complied
with
the
financial
15
responsibility
or
other
underground
storage
tank
rules
of
16
the
department
or
with
this
part
8
of
subchapter
IV
or
rules
17
adopted
under
this
part.
18
4.
Lien
on
tank
site.
Any
amount
for
which
an
owner
or
19
operator
is
required
to
pay
to
the
account
by
statute,
rule,
20
contract,
or
determination
of
liability
by
the
department
after
21
hearing,
if
not
paid
when
due,
shall
constitute
a
lien
upon
the
22
real
property
where
the
tank
that
was
the
subject
of
corrective
23
action
is
located,
and
the
payment
shall
be
collected
in
the
24
same
manner
as
the
environmental
protection
charge
pursuant
to
25
section
424.11,
Code
2016.
26
5.
Joinder
of
parties.
The
department
has
standing
in
27
any
case
or
contested
action
related
to
the
account
or
a
tank
28
to
assert
any
claim
that
the
department
may
have
regarding
29
the
tank
at
issue
in
the
case
or
contested
action.
Upon
30
motion
and
sufficient
showing
by
a
party
to
a
cost
recovery
or
31
subrogation
action
provided
for
under
this
section,
the
court
32
or
the
administrative
law
judge
shall
join
to
the
action
any
33
potentially
responsible
party
who
may
be
liable
for
costs
and
34
expenditures
of
the
type
recoverable
pursuant
to
this
section.
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6.
Third-party
contracts.
An
insurance,
indemnification,
1
hold-harmless,
conveyance,
or
similar
risk-sharing
or
2
risk-shifting
agreement
shall
not
be
effective
to
transfer
3
any
liability
for
costs
recoverable
under
this
section.
The
4
department
may
proceed
directly
against
the
owner,
operator,
5
or
other
potentially
responsible
party.
This
subsection
does
6
not
bar
any
agreement
to
insure,
hold
harmless,
or
indemnify
7
a
party
to
the
agreement
for
any
costs
or
expenditures
under
8
this
part
8
of
subchapter
IV,
and
does
not
modify
rights
9
between
the
parties
to
an
agreement,
except
to
the
extent
the
10
agreement
shifts
liability
to
an
owner
or
operator
eligible
11
for
assistance
under
the
program
for
any
damages
or
other
12
costs
in
connection
with
a
corrective
action
for
which
another
13
potentially
responsible
party
is
or
may
be
liable.
Any
such
14
provision
is
void
and
of
no
further
force
and
effect.
15
7.
Later
proceedings
permitted
against
other
parties.
The
16
entry
of
judgment
against
a
party
to
the
action
does
not
bar
17
a
future
action
by
the
department
against
another
person
who
18
is
later
alleged
to
be
or
discovered
to
be
liable
for
costs
19
and
expenditures
paid
from
the
account.
Notwithstanding
20
section
668.5,
a
potentially
responsible
party
shall
not
seek
21
contribution
or
any
other
recovery
from
an
owner
or
operator
22
eligible
for
assistance
under
the
program
for
damages
or
other
23
costs
in
connection
with
corrective
action
for
a
release
for
24
which
the
potentially
responsible
party
is
or
may
be
liable.
25
Subsequent
successful
proceedings
against
another
party
shall
26
not
modify
or
reduce
the
liability
of
a
party
against
whom
27
judgment
has
been
previously
entered.
28
8.
Claims
against
potentially
responsible
parties.
29
a.
Upon
payment
from
the
account
for
corrective
action
or
30
third-party
liability
pursuant
to
this
part
8
of
subchapter
31
IV,
the
rights
of
the
claimant
to
recover
payment
from
any
32
potentially
responsible
party
are
assumed
by
the
department
to
33
the
extent
paid
from
the
account.
A
claimant
shall
not
receive
34
double
compensation
for
the
same
injury.
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b.
In
an
action
brought
pursuant
to
this
part
8
of
1
subchapter
IV
seeking
damages
for
corrective
action
or
2
third-party
liability,
the
court
shall
allow
evidence
and
3
argument
as
to
the
replacement
or
indemnification
of
actual
4
economic
losses
incurred
or
to
be
incurred
in
the
future
by
the
5
claimant
by
reason
of
insurance
benefits,
governmental
benefits
6
or
programs,
or
other
sources.
7
c.
A
claimant
may
elect
to
authorize
the
department
8
to
pursue
the
claimant’s
cause
of
action
for
any
injury
9
not
compensated
from
the
fund
against
any
potentially
10
responsible
party,
provided
the
attorney
general
determines
11
such
representation
would
not
be
a
conflict
of
interest.
If
12
a
claimant
so
elects,
the
department’s
litigation
expenses
13
shall
be
shared
on
a
pro
rata
basis
with
the
claimant,
but
the
14
claimant’s
share
of
litigation
expenses
is
payable
exclusively
15
from
any
share
of
the
settlement
or
judgment
payable
to
the
16
claimant.
17
9.
Exclusion
of
punitive
damages.
Moneys
from
the
account
18
shall
not
be
used
to
pay
punitive
damages.
19
Sec.
5.
NEW
SECTION
.
455B.472C
Discretionary
rulemaking.
20
1.
The
commission
may
adopt
rules
pursuant
to
chapter
17A
21
conditioning
receipt
of
moneys
from
the
account
transferred
22
pursuant
to
this
Act
to
those
petroleum-contaminated
properties
23
that
present
a
higher
degree
of
risk
to
the
public
health
and
24
safety
or
the
environment
and
providing
for
denial
of
moneys
25
from
the
account
transferred
pursuant
to
this
Act
to
a
person
26
who
did
not
make
a
good-faith
attempt
to
comply
with
this
part
27
8
of
subchapter
IV.
This
subsection
does
not
confer
a
legal
28
right
to
an
owner
of
a
petroleum-contaminated
property,
or
an
29
owner
or
operator
of
an
underground
storage
tank
located
on
the
30
property,
for
receipt
of
moneys
under
this
part
8
of
subchapter
31
IV.
32
2.
The
commission
may
adopt
rules
pursuant
to
chapter
33
17A
providing
for
the
transfer
of
all
or
a
portion
of
the
34
liabilities
relating
to
the
account.
Notwithstanding
any
other
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provision
to
the
contrary,
the
department,
upon
such
transfer,
1
shall
not
maintain
any
duty
to
reimburse
claimants
for
those
2
liabilities
transferred.
3
Sec.
6.
Section
455B.474,
subsection
1,
paragraph
a,
4
subparagraph
(6),
subparagraph
divisions
(g),
(i),
and
(j),
5
Code
2024,
are
amended
to
read
as
follows:
6
(g)
An
owner
or
operator
may
elect
to
proceed
with
7
additional
corrective
action
on
the
site.
However,
any
8
action
taken
in
addition
to
that
required
pursuant
to
this
9
subparagraph
(6)
,
shall
be
solely
at
the
expense
of
the
owner
10
or
operator
and
shall
not
be
considered
corrective
action
11
for
purposes
of
section
455G.9
455B.472A
,
unless
otherwise
12
previously
agreed
to
by
the
board
department
and
the
owner
or
13
operator
pursuant
to
section
455G.9,
subsection
7
455B.472A
.
14
Corrective
action
taken
by
an
owner
or
operator
due
to
the
15
department’s
failure
to
meet
the
time
requirements
provided
in
16
subparagraph
division
(e)
shall
be
considered
corrective
action
17
for
purposes
of
section
455G.9
455B.472A
.
18
(i)
Replacement
or
upgrade
of
a
tank
on
a
site
classified
19
as
a
high
or
low
risk
site
shall
be
equipped
with
a
secondary
20
containment
system
with
monitoring
of
the
space
between
the
21
primary
and
secondary
containment
structures
or
other
board
22
approved
tank
system
or
methodology
approved
by
the
department
.
23
(j)
The
commission
and
the
board
department
shall
cooperate
24
to
ensure
that
remedial
measures
required
by
the
corrective
25
action
rules
adopted
pursuant
to
this
subparagraph
(6)
are
26
reasonably
cost-effective
and
shall,
to
the
fullest
extent
27
possible,
avoid
duplicating
and
conflicting
requirements.
28
Sec.
7.
Section
455B.474,
subsection
2,
unnumbered
29
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
30
The
maintenance
of
evidence
of
financial
responsibility
as
31
the
director
determines
to
be
feasible
and
necessary
for
taking
32
corrective
action
and
for
compensating
third
parties
for
bodily
33
injury
and
property
damage
caused
by
release
of
a
regulated
34
substance
from
an
underground
storage
a
tank.
35
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Sec.
8.
Section
455B.474,
subsection
9,
paragraph
d,
Code
1
2024,
is
amended
to
read
as
follows:
2
d.
The
certification
of
groundwater
professionals
shall
3
not
impose
liability
on
the
board,
the
department
,
or
the
4
fund
account
for
any
claim
or
cause
of
action
of
any
nature,
5
based
on
the
action
or
inaction
of
a
groundwater
professional
6
certified
pursuant
to
this
subsection
.
7
Sec.
9.
Section
455B.474,
Code
2024,
is
amended
by
adding
8
the
following
new
subsection:
9
NEW
SUBSECTION
.
11.
Department
practices
and
procedures
10
for
implementing
and
administering
the
storage
tank
management
11
account
financing
program.
The
rules
shall
include
but
12
are
not
limited
to
requirements
for
program
eligibility,
13
investigating
and
settling
claims
made
against
the
account,
14
appeal
procedures,
community
remediation,
prioritization
of
15
account
moneys,
funding
for
tank
operator
training,
additional
16
assessment
and
corrective
action
arising
out
of
releases
at
17
sites
for
which
a
certificate
of
no
further
action
has
been
18
issued,
and
reimbursement
for
the
permanent
closure
of
an
19
underground
storage
tank
system.
20
Sec.
10.
Section
455B.477,
subsection
7,
Code
2024,
is
21
amended
to
read
as
follows:
22
7.
The
civil
penalties
or
other
damages
or
moneys
recovered
23
by
the
state
or
the
petroleum
underground
storage
tank
fund
in
24
connection
with
a
petroleum
underground
storage
tank
under
this
25
part
8
of
subchapter
IV
or
chapter
455G
shall
be
credited
to
26
the
fund
created
in
section
455G.3
and
allocated
between
fund
27
accounts
according
to
the
fund
budget.
Any
federal
moneys,
28
including
but
not
limited
to
federal
underground
storage
tank
29
trust
fund
moneys,
received
by
the
state
or
the
department
of
30
natural
resources
in
connection
with
a
release
occurring
on
31
or
after
May
5,
1989,
or
received
generally
for
underground
32
storage
tank
programs
on
or
after
May
5,
1989,
shall
be
33
credited
to
the
fund
account
created
in
section
455G.3
and
34
allocated
between
fund
accounts
according
to
the
fund
budget
35
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455E.11,
subsection
2,
paragraph
“d”
,
unless
such
use
would
1
be
contrary
to
federal
law.
The
department
shall
cooperate
2
with
the
board
of
the
Iowa
comprehensive
petroleum
underground
3
storage
tank
fund
to
maximize
the
state’s
eligibility
for
and
4
receipt
of
federal
funds
for
underground
storage
tank
related
5
purposes.
6
Sec.
11.
Section
455E.11,
subsection
2,
paragraph
d,
7
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
8
follows:
9
A
storage
tank
management
account.
All
The
account
shall
10
consist
of
moneys
appropriated
to,
transferred
to,
or
deposited
11
in
the
account,
including
fees
collected
pursuant
to
section
12
455B.473,
subsection
5
,
section
455B.477,
subsection
7,
and
13
section
455B.479
,
shall
be
deposited
in
the
storage
tank
14
management
account
.
Moneys
deposited
in
the
account
shall
be
15
expended
for
all
of
the
following
purposes:
16
Sec.
12.
Section
455E.11,
subsection
2,
paragraph
d,
Code
17
2024,
is
amended
by
adding
the
following
new
subparagraph:
18
NEW
SUBPARAGRAPH
.
(1A)
Moneys
transferred
under
this
Act
to
19
the
account
are
appropriated
for
the
following
purposes
until
20
such
moneys
are
fully
expended:
21
(a)
For
reimbursement
to
tank
owners
or
operators
for
all
22
or
part
of
the
costs
of
a
corrective
action
for
a
petroleum
23
release.
24
(b)
For
the
annual
appropriation
to
the
department
25
of
agriculture
and
land
stewardship
in
the
amount
of
two
26
hundred
fifty
thousand
dollars
for
the
purpose
of
inspecting
27
fuel
quality
at
pipeline
terminals
and
renewable
fuel
28
production
facilities,
including
associated
salaries,
support,
29
maintenance,
and
miscellaneous
purposes.
30
(c)
For
permanent
closure
of
an
underground
storage
tank
31
system
under
a
remedial
program
pursuant
to
chapter
455B,
32
subchapter
IV,
part
8,
for
additional
assessment
and
corrective
33
action
arising
out
of
releases
at
sites
for
which
a
certificate
34
of
no
further
action
has
been
issued,
and
for
tank
operator
35
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training.
At
least
three
million
dollars
of
the
total
moneys
1
expended
pursuant
to
this
subparagraph
shall
be
expended
for
2
this
purpose,
but
not
more
than
fifty
thousand
dollars
shall
be
3
utilized
for
operator
training
each
fiscal
year.
4
Sec.
13.
Section
455E.11,
subsection
2,
paragraph
d,
5
subparagraph
(2),
Code
2024,
is
amended
to
read
as
follows:
6
(2)
The
moneys
remaining
in
the
account
after
the
7
appropriation
appropriations
in
subparagraph
subparagraphs
(1)
8
and
(1A)
are
appropriated
from
the
storage
tank
management
9
account
to
the
department
of
natural
resources
for
the
10
administration
of
a
state
storage
tank
program
pursuant
to
11
chapter
455B,
subchapter
IV,
part
8
,
and
for
programs
which
12
that
reduce
the
potential
for
harm
to
the
environment
and
the
13
public
health
from
storage
tanks.
14
Sec.
14.
REPEAL.
Sections
455G.1,
455G.2,
455G.2A,
455G.3,
15
455G.4,
455G.5,
455G.6,
455G.7,
455G.8,
455G.9,
455G.12,
16
455G.12A,
455G.13,
455G.14,
455G.15,
455G.16,
455G.20,
and
17
455G.21,
Code
2024,
are
repealed.
18
DIVISION
II
19
CONFORMING
CHANGES
20
Sec.
15.
Section
68B.35,
subsection
2,
paragraph
e,
Code
21
2024,
is
amended
to
read
as
follows:
22
e.
Members
of
the
state
banking
council,
the
Iowa
ethics
and
23
campaign
disclosure
board,
the
credit
union
review
board,
the
24
economic
development
authority,
the
employment
appeal
board,
25
the
environmental
protection
commission,
the
health
facilities
26
council,
the
Iowa
finance
authority,
the
Iowa
public
employees’
27
retirement
system
investment
board,
the
Iowa
lottery
board
28
created
in
section
99G.8
,
the
natural
resource
commission,
29
the
board
of
parole,
the
petroleum
underground
storage
tank
30
fund
board,
the
public
employment
relations
board,
the
state
31
racing
and
gaming
commission,
the
state
board
of
regents,
the
32
transportation
commission,
the
office
of
consumer
advocate,
the
33
utilities
board,
the
Iowa
telecommunications
and
technology
34
commission,
and
any
full-time
members
of
other
boards
and
35
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commissions
as
defined
under
section
7E.4
who
receive
an
annual
1
salary
for
their
service
on
the
board
or
commission.
The
Iowa
2
ethics
and
campaign
disclosure
board
shall
conduct
an
annual
3
review
to
determine
if
members
of
any
other
board,
commission,
4
or
authority
should
file
a
statement
and
shall
require
the
5
filing
of
a
statement
pursuant
to
rules
adopted
pursuant
to
6
chapter
17A
.
7
Sec.
16.
Section
323.1,
subsection
16,
Code
2024,
is
amended
8
to
read
as
follows:
9
16.
“Storage
tank”
means
a
motor
fuel
storage
tank
as
10
defined
in
section
214.1
,
including
an
underground
storage
11
tank
subject
to
regulation
under
chapter
455G
455B,
subchapter
12
IV,
part
8,
section
455E.11,
subsection
2,
paragraph
“d”
,
13
subparagraph
(1A),
or
section
455G.31
.
14
Sec.
17.
Section
422.7,
subsection
2,
paragraph
u,
Code
15
2024,
is
amended
by
striking
the
paragraph.
16
Sec.
18.
Section
455B.174,
subsection
4,
paragraph
d,
Code
17
2024,
is
amended
to
read
as
follows:
18
d.
If
a
public
water
supply
has
a
groundwater
source
19
that
contains
petroleum,
a
fraction
of
crude
oil,
or
their
20
degradation
products,
or
is
located
in
an
area
deemed
by
the
21
department
as
likely
to
be
contaminated
by
such
materials,
and
22
after
consultation
with
the
public
water
supply
system
and
23
consideration
of
all
applicable
rules
relating
to
remediation,
24
the
department
may
require
the
public
water
supply
system
to
25
replace
that
groundwater
source
in
order
to
receive
a
permit
26
to
operate.
The
requirement
to
replace
the
source
shall
only
27
be
made
by
the
department
if
the
public
water
supply
system
28
is
fully
compensated
for
any
additional
design,
construction,
29
operation,
and
monitoring
costs
from
the
Iowa
comprehensive
30
petroleum
underground
storage
tank
fund
created
by
chapter
31
455G
or
from
any
other
funds
that
do
not
impose
a
financial
32
obligation
on
the
part
of
the
public
water
supply
system.
33
Funds
available
to
or
provided
by
the
public
water
supply
34
system
may
be
used
for
system
improvements
made
in
conjunction
35
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with
replacement
of
the
source.
The
department
cannot
require
1
a
public
water
supply
system
to
replace
its
water
source
with
a
2
less
reliable
water
source
or
with
a
source
that
does
not
meet
3
federal
primary,
secondary,
or
other
health-based
standards
4
unless
treatment
is
provided
to
ensure
that
the
drinking
water
5
meets
these
standards.
Nothing
in
this
paragraph
shall
affect
6
the
public
water
supply
system’s
right
to
pursue
recovery
from
7
a
responsible
party.
8
Sec.
19.
Section
455E.11,
subsection
2,
paragraph
d,
9
subparagraph
(3),
Code
2024,
is
amended
by
striking
the
10
subparagraph.
11
Sec.
20.
Section
455I.2,
subsection
5,
paragraph
a,
Code
12
2024,
is
amended
to
read
as
follows:
13
a.
A
federal
or
state
program
that
is
subject
to
the
14
jurisdiction
of
an
agency,
including
but
not
limited
to
15
programs
established
by
chapters
455B
and
455G
455E
,
corrective
16
or
response
actions
pursuant
to
42
U.S.C.
§6901
et
seq.,
and
17
remedial
actions
under
42
U.S.C.
§9601
et
seq.
18
Sec.
21.
REPEAL.
Sections
427B.20,
427B.21,
and
427B.22,
19
Code
2024,
are
repealed.
20
DIVISION
III
21
TRANSITION
PROVISIONS
22
Sec.
22.
TRANSITION
PROVISIONS.
23
1.
Upon
repeal
of
sections
455G.1,
455G.2,
455G.2A,
455G.3,
24
455G.4,
455G.5,
455G.6
455G.7,
455G.8,
455G.9,
455G.12,
25
455G.12A,
455G.13,
455G.14,
455G.15,
455G.16,
455G.20,
26
and
455G.21,
pursuant
to
this
Act,
all
moneys
in
all
funds
27
administered
by
the
Iowa
comprehensive
petroleum
underground
28
storage
tank
fund
board
are
transferred
to
the
treasurer
of
29
state
for
deposit
in
the
storage
tank
management
account
30
created
in
the
groundwater
protection
fund
created
in
section
31
455E.11.
Any
moneys
credited
to
any
fund
administered
by
32
the
Iowa
comprehensive
petroleum
underground
storage
tank
33
fund
board
on
and
after
the
effective
date
of
this
Act
are
34
transferred
to
the
treasurer
of
state
for
deposit
in
the
35
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storage
tank
management
account
created
in
the
groundwater
1
protection
fund
created
in
section
455E.11.
2
2.
Any
rule,
regulation,
form,
order,
or
directive
3
promulgated
by
the
Iowa
comprehensive
petroleum
underground
4
storage
tank
fund
board
as
required
to
administer
and
enforce
5
the
provisions
relating
to
the
Iowa
comprehensive
petroleum
6
underground
storage
tank
fund
shall
continue
in
full
force
7
and
effect
under
the
jurisdiction
of
the
department
of
8
natural
resources
until
amended,
repealed,
or
supplemented
by
9
affirmative
action
of
the
department.
10
3.
The
Iowa
comprehensive
petroleum
underground
storage
11
tank
fund
board
shall
administratively
close
or
terminate
12
any
remaining
liabilities,
contracts,
outstanding
claims,
13
payments,
or
other
obligations
for
open
comprehensive
petroleum
14
underground
storage
tank
fund
claims
existing
on
or
before
15
June
30,
2024.
A
claim
for
a
release
filed
on
or
after
the
16
effective
date
of
division
I
of
this
Act
shall
not
be
eligible
17
for
payment
from
the
Iowa
comprehensive
petroleum
underground
18
storage
tank
fund.
19
4.
The
department
of
natural
resources
may
begin
20
implementation
of
this
Act
prior
to
July
1,
2024,
to
the
21
extent
necessary
to
transition
to
full
implementation
of
the
22
provisions
relating
to
the
storage
tank
management
account
23
created
in
the
groundwater
protection
fund
created
in
section
24
455E.11
and
repeal
of
the
Iowa
comprehensive
petroleum
25
underground
storage
tank
fund
created
in
section
455G.3,
Code
26
2024.
27
5.
All
property
tax
credits
provided
under
chapter
427B,
28
subchapter
IV,
existing
upon
the
repeal
of
sections
427B.20,
29
427B.21,
and
427B.22
shall
continue
until
their
expiration.
30
Sec.
23.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
31
deemed
of
immediate
importance,
takes
effect
upon
enactment.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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This
bill
relates
to
the
use
of
moneys
in
the
storage
tank
1
management
account
of
the
groundwater
protection
fund
(GPF)
2
that
are
transferred
from
the
Iowa
comprehensive
petroleum
3
underground
storage
tank
fund.
4
The
GPF
includes
four
accounts
related
to
groundwater:
5
the
solid
waste
account,
the
agriculture
management
account,
6
the
household
hazardous
waste
account,
and
the
storage
7
tank
management
account.
The
Iowa
comprehensive
petroleum
8
underground
storage
tank
fund
(CPUSTF)
assists
owners
and
9
operators
of
petroleum
underground
storage
tanks
in
complying
10
with
federal
regulations.
Currently,
the
CPUSTF
exists
under
11
the
control
of
the
CPUSTF
board.
12
The
bill
repeals
the
CPUSTF
and
eliminates
the
CPUSTF
board.
13
The
bill
transfers
moneys
currently
in
the
CPUSTF
to
the
GPF
14
for
deposit
in
the
storage
tank
management
account.
The
bill
15
requires
the
department
of
natural
resources
(department)
to
16
establish
and
administer
the
storage
tank
management
account
17
financing
program
to
distribute
financial
assistance
for
18
work
conducted
by
eligible
entities
using
moneys
transferred
19
pursuant
to
the
bill.
The
program
allows
a
claimant
who
was
20
previously
eligible
for
assistance
from
the
CPUSTF
to
receive
21
reimbursement
from
the
storage
tank
management
account
for
22
all
or
part
of
the
costs
of
corrective
action
for
a
petroleum
23
release.
24
A
portion
of
the
moneys
transferred
pursuant
to
the
bill
are
25
appropriated
to
the
department
for
the
purposes
of
providing
26
reimbursement
to
tank
owners
for
all
or
part
of
the
costs
of
27
a
corrective
action;
for
permanently
closing
an
underground
28
storage
tank
system;
assessment
and
corrective
action
arising
29
out
of
a
release;
and
tank
operator
training.
Of
the
moneys
30
transferred
to
the
GPF
pursuant
to
the
bill,
$250,000
per
31
year
is
appropriated
to
the
department
of
agriculture
and
32
land
stewardship
to
inspect
fuel
quality
at
terminals
and
33
facilities.
34
The
bill
allows
for
cost
recovery
efforts
from
potentially
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responsible
parties
when
moneys
from
the
storage
tank
1
management
account
are
used
during
the
cleanup
of
contamination
2
at
a
tank
site.
The
bill
directs
the
environmental
3
protection
commission
to
adopt
rules
for
program
eligibility,
4
investigating
and
settling
claims
made
against
the
fund,
5
appeal
procedures,
community
remediation,
prioritization
of
6
fund
moneys,
funding
for
tank
operator
training,
additional
7
assessment
and
corrective
action
arising
out
of
a
release
at
a
8
site
for
which
a
no
further
action
certificate
has
been
issued,
9
and
reimbursement
for
the
permanent
closure
of
an
underground
10
storage
tank
system.
The
bill
provides
that
claims
for
11
releases
filed
on
or
after
the
effective
date
of
the
bill
are
12
not
eligible
for
payment
from
the
Iowa
comprehensive
petroleum
13
underground
storage
tank
fund.
14
The
bill
includes
transition
provisions
retaining
the
15
effectiveness
of
rules,
regulations,
forms,
orders,
or
16
directives
promulgated
by
the
CPUSTF
board
until
amended,
17
repealed,
or
supplemented
by
affirmative
action
of
the
18
department.
Any
moneys
credited
to
the
CPUSTF
on
and
after
the
19
effective
date
of
the
bill
are
transferred
to
the
department
20
for
deposit
in
the
storage
tank
management
account.
21
The
division
of
the
bill
that
includes
transition
provisions
22
takes
effect
upon
enactment
of
the
bill.
23
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