SF 440 (LSB 2423XS (3) 91)

SENATE FILE 440

BY  WEINER, DONAHUE, DOTZLER, CELSI, ZIMMER, TOWNSEND, and STAED

A BILL FOR

An Act imposing fines for hazardous conditions caused by a person having control over a hazardous substance, providing penalties, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455B.392, subsection 5, Code 2025, is amended to read as follows:
   5.  Money collected by the department pursuant to this section, except for moneys collected under subsection 5A, shall be deposited in the hazardous waste remedial fund created in section 455B.423. Moneys shall be used in the manner permitted for the fund. Moneys collected by a state agency other than the department of natural resources pursuant to this section are appropriated to that agency for purposes of reimbursing costs of the agency for emergency response activities described in subsection 1. Moneys collected by a political subdivision pursuant to this section shall be retained by the political subdivision and shall be used for purposes of reimbursing costs of the political subdivision for emergency response activities described in subsection 1.
    Sec. 2.  Section 455B.392, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  In addition to liabilities imposed by this section, there shall be imposed on a person liable for costs or damages under subsection 1 a fine of ten percent of the total amount of costs and damages. Moneys collected pursuant to this subsection shall be deposited into the natural resources account created in section 461.32. Moneys shall be used in a manner permitted for the account.
    Sec. 3.  Section 461.32, subsection 1, Code 2025, is amended to read as follows:
   1.   A natural resources account is created in the trust fund. Twenty-three In addition to any moneys deposited in the account pursuant to section 455B.392, twenty-three percent of the moneys credited to the trust fund shall be allocated to the account.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill imposes fines for hazardous conditions caused by a person having control over a hazardous substance.
   Under current law, a person having control over a hazardous substance is strictly liable for costs and damages resulting from a hazardous condition caused by the person. In addition to the person’s liability under current law, the bill adds a fine in the amount of 10 percent of the total costs and damages. The bill requires moneys collected from the fine to be deposited into the natural resources account of the natural resources and outdoor recreation trust fund and used in a manner permitted for the account. The natural resources account supports the establishment, restoration, or enhancement of state parks, state preserves, state forests, wildlife areas, wildlife habitats, native prairies, and wetlands; wildlife diversity, recreational purposes, technical assistance and financial incentives to private landowners to promote the management of forests, fisheries, wetlands, and wildlife; the improvement of water trails, rivers, and streams; and education and outreach that provide instruction regarding natural history and the outdoors.