Senate
File
2242
-
Reprinted
SENATE
FILE
2242
BY
COMMITTEE
ON
ENVIRONMENT
&
ENERGY
INDEPENDENCE
(SUCCESSOR
TO
SSB
3168)
(As
Amended
and
Passed
by
the
Senate
March
23,
2010
)
A
BILL
FOR
An
Act
relating
to
the
Iowa
comprehensive
petroleum
underground
1
storage
tank
fund
and
including
effective
date
and
2
retroactive
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
SF
2242
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DIVISION
I
1
IOWA
COMPREHENSIVE
PETROLEUM
2
UNDERGROUND
STORAGE
TANK
FUND
3
Section
1.
Section
455B.474,
subsection
1,
paragraph
d,
4
subparagraph
(2),
unnumbered
paragraph
1,
Code
Supplement
2009,
5
is
amended
to
read
as
follows:
6
A
site
shall
be
classified
as
either
high
risk,
low
risk,
or
7
no
action
required
,
as
determined
by
a
certified
groundwater
8
professional
.
9
Sec.
2.
Section
455B.474,
subsection
1,
paragraph
d,
10
subparagraph
(2),
subparagraph
division
(a),
unnumbered
11
paragraph
1,
Code
Supplement
2009,
is
amended
to
read
as
12
follows:
13
A
site
shall
be
considered
high
risk
when
it
is
determined
a
14
certified
groundwater
professional
determines
that
15
contamination
from
the
site
presents
an
unreasonable
risk
to
16
public
health
and
safety
or
the
environment
under
any
of
the
17
following
conditions:
18
Sec.
3.
Section
455B.474,
subsection
1,
paragraph
d,
19
subparagraph
(2),
subparagraph
division
(b),
unnumbered
20
paragraph
1,
Code
Supplement
2009,
is
amended
to
read
as
21
follows:
22
A
site
shall
be
considered
low
risk
under
any
of
the
23
following
conditions
when
a
certified
groundwater
professional
24
determines
that
low
risk
conditions
exist
as
follows
:
25
Sec.
4.
Section
455B.474,
subsection
1,
paragraph
d,
26
subparagraph
(2),
subparagraph
divisions
(c)
and
(e),
Code
27
Supplement
2009,
are
amended
to
read
as
follows:
28
(c)
A
site
shall
be
considered
no
action
required
if
and
29
a
no
further
action
certificate
shall
be
issued
by
the
30
department
when
a
certified
groundwater
professional
determines
31
that
contamination
is
below
action
level
standards
and
high
or
32
low
risk
conditions
do
not
exist
and
are
not
likely
to
occur.
33
(e)
A
site
cleanup
report
which
classifies
a
site
as
34
either
high
risk,
low
risk,
or
no
action
required
shall
be
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submitted
by
a
groundwater
professional
to
the
department
with
1
a
certification
that
the
report
complies
with
the
provisions
2
of
this
chapter
and
rules
adopted
by
the
department.
The
3
report
shall
be
determinative
of
the
appropriate
classification
4
of
the
site
.
However,
if
the
report
is
found
to
be
and
the
5
site
shall
be
classified
as
indicated
by
the
groundwater
6
professional
unless,
within
ninety
days
of
receipt
by
the
7
department,
the
department
identifies
material
information
8
in
the
report
that
is
inaccurate
or
incomplete,
and
if
based
9
upon
inaccurate
or
incomplete
information
in
the
report
10
the
risk
classification
of
the
site
cannot
be
reasonably
11
determined
by
the
department
based
upon
industry
standards
,
12
the
department
shall
.
If
the
department
determines
that
the
13
site
cleanup
report
is
inaccurate
or
incomplete,
the
department
14
shall
notify
the
groundwater
professional
of
the
inaccurate
15
or
incomplete
information
within
ninety
days
of
receipt
of
16
the
report
and
shall
work
with
the
groundwater
professional
17
to
obtain
the
correct
information
or
additional
information
18
necessary
to
appropriately
classify
the
site.
However,
from
19
July
1,
2010,
through
June
30,
2011,
the
department
shall
have
20
one
hundred
twenty
days
to
notify
the
certified
groundwater
21
professional
when
a
report
is
not
accepted
based
on
material
22
information
that
is
found
to
be
inaccurate
or
incomplete.
A
23
groundwater
professional
who
knowingly
or
intentionally
makes
24
a
false
statement
or
misrepresentation
which
results
in
a
25
mistaken
classification
of
a
site
shall
be
guilty
of
a
serious
26
misdemeanor
and
shall
have
the
groundwater
professional’s
27
certification
revoked
under
this
section.
28
Sec.
5.
Section
455B.474,
subsection
1,
paragraph
f,
29
subparagraphs
(5),
(6),
and
(7),
Code
Supplement
2009,
are
30
amended
to
read
as
follows:
31
(5)
A
corrective
action
design
report
submitted
by
a
32
groundwater
professional
shall
be
accepted
by
the
department
33
and
shall
be
primarily
relied
upon
by
the
department
to
34
determine
the
corrective
action
response
requirements
of
the
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site.
However,
if
the
corrective
action
design
report
is
found
1
to
be
within
ninety
days
of
receipt
of
a
corrective
action
2
design
report,
the
department
identifies
material
information
3
in
the
corrective
action
design
report
that
is
inaccurate
or
4
incomplete,
and
if
based
upon
information
in
the
report
the
5
appropriate
corrective
action
response
cannot
be
reasonably
6
determined
by
the
department
based
upon
industry
standards,
7
the
department
shall
notify
the
groundwater
professional
that
8
the
corrective
action
design
report
is
not
accepted,
and
the
9
department
shall
work
with
the
groundwater
professional
to
10
correct
the
material
information
or
to
obtain
the
additional
11
information
necessary
to
appropriately
determine
the
corrective
12
action
response
requirements
as
soon
as
practicable
.
However,
13
from
July
1,
2010,
through
June
30,
2011,
the
department
14
shall
have
one
hundred
twenty
days
to
notify
the
certified
15
groundwater
professional
when
a
corrective
action
design
report
16
is
not
accepted
based
on
material
information
that
is
found
17
to
be
inaccurate
or
incomplete.
A
groundwater
professional
18
who
knowingly
or
intentionally
makes
a
false
statement
or
19
misrepresentation
which
results
in
an
improper
or
incorrect
20
corrective
action
response
shall
be
guilty
of
a
serious
21
misdemeanor
and
shall
have
the
groundwater
professional’s
22
certification
revoked
under
this
section.
23
(6)
Low
risk
sites
shall
be
monitored
as
deemed
necessary
by
24
the
department
consistent
with
industry
standards.
Monitoring
25
shall
not
be
required
on
a
site
which
has
received
a
no
further
26
action
certificate.
A
site
that
has
maintained
less
than
the
27
applicable
target
level
for
four
consecutive
sampling
events
28
shall
be
reclassified
as
a
no
action
required
site
regardless
29
of
exit
monitoring
criteria
and
guidance.
30
(7)
An
owner
or
operator
may
elect
to
proceed
with
31
additional
corrective
action
on
the
site.
However,
any
action
32
taken
in
addition
to
that
required
pursuant
to
this
paragraph
33
“f”
shall
be
solely
at
the
expense
of
the
owner
or
operator
34
and
shall
not
be
considered
corrective
action
for
purposes
of
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section
455G.9
,
unless
otherwise
previously
agreed
to
by
the
1
board
and
the
owner
or
operator
pursuant
to
section
455G.9,
2
subsection
7.
Corrective
action
taken
by
an
owner
or
operator
3
due
to
the
department’s
failure
to
meet
the
time
requirements
4
provided
in
subparagraph
(5),
shall
be
considered
corrective
5
action
for
purposes
of
section
455G.9
.
6
Sec.
6.
Section
455B.474,
subsection
1,
paragraph
h,
7
subparagraphs
(1)
and
(3),
Code
Supplement
2009,
are
amended
8
to
read
as
follows:
9
(1)
A
no
further
action
certificate
shall
be
issued
by
10
the
department
for
a
site
which
has
been
classified
as
a
no
11
further
action
site
or
which
has
been
reclassified
pursuant
to
12
completion
of
a
corrective
action
plan
or
monitoring
plan
to
be
13
a
no
further
action
site
by
a
groundwater
professional,
unless
14
within
ninety
days
of
receipt
of
the
report
submitted
by
the
15
groundwater
professional
classifying
the
site,
the
department
16
notifies
the
groundwater
professional
that
the
report
and
site
17
classification
are
not
accepted
and
the
department
identifies
18
material
information
in
the
report
that
is
inaccurate
or
19
incomplete
which
causes
the
department
to
be
unable
to
accept
20
the
classification
of
the
site.
An
owner
or
operator
shall
21
not
be
responsible
for
additional
assessment,
monitoring,
or
22
corrective
action
activities
at
a
site
that
is
issued
a
no
23
further
action
certificate
unless
it
is
determined
that
the
24
certificate
was
issued
based
upon
false
material
statements
25
that
were
knowingly
or
intentionally
made
by
a
groundwater
26
professional
and
the
false
material
statements
resulted
in
the
27
incorrect
classification
of
the
site
.
28
(3)
A
certificate
shall
be
recorded
with
the
county
29
recorder.
The
owner
or
operator
of
a
site
who
has
been
issued
a
30
certificate
under
this
paragraph
“h”
or
a
subsequent
purchaser
31
of
the
site
shall
not
be
required
to
perform
further
corrective
32
action
solely
because
action
standards
are
changed
at
a
later
33
date.
A
certificate
shall
not
prevent
the
department
from
34
ordering
corrective
action
of
a
new
release.
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Sec.
7.
Section
455B.479,
Code
2009,
is
amended
to
read
as
1
follows:
2
455B.479
Storage
tank
management
fee.
3
An
owner
or
operator
of
an
underground
storage
tank
shall
4
pay
an
annual
storage
tank
management
fee
of
sixty-five
5
dollars
per
tank
of
over
one
thousand
one
hundred
gallons
6
capacity.
Twenty-three
percent
of
the
The
fees
collected
7
shall
be
deposited
in
the
storage
tank
management
account
of
8
the
groundwater
protection
fund.
Seventy-seven
percent
of
the
9
fees
collected
shall
be
deposited
in
the
Iowa
comprehensive
10
petroleum
underground
storage
tank
fund
created
in
chapter
11
455G
.
12
Sec.
8.
Section
455E.11,
subsection
2,
paragraph
d,
Code
13
Supplement
2009,
is
amended
to
read
as
follows:
14
d.
A
storage
tank
management
account.
All
fees
15
collected
pursuant
to
section
455B.473,
subsection
5,
and
16
section
455B.479,
shall
be
deposited
in
the
storage
tank
17
management
account
,
except
those
moneys
deposited
into
the
18
Iowa
comprehensive
petroleum
underground
storage
tank
fund
19
pursuant
to
section
455B.479
.
Funds
.
Moneys
deposited
in
the
20
account
shall
be
expended
for
the
following
purposes:
21
(1)
One
thousand
dollars
is
appropriated
annually
to
the
22
Iowa
department
of
public
health
to
carry
out
departmental
23
duties
under
section
135.11,
subsections
19
and
20,
and
section
24
139A.21.
25
(2)
Twenty-three
percent
of
the
proceeds
of
the
fees
26
imposed
pursuant
to
section
455B.473,
subsection
5
,
and
27
section
455B.479
shall
be
deposited
in
the
account
annually,
28
up
to
a
maximum
of
three
hundred
fifty
thousand
dollars.
If
29
twenty-three
percent
of
the
proceeds
exceeds
three
hundred
30
fifty
thousand
dollars,
the
excess
shall
be
deposited
into
the
31
fund
created
in
section
455G.3
.
Three
hundred
fifty
thousand
32
dollars
is
The
moneys
remaining
in
the
account
after
the
33
appropriation
in
subparagraph
(1)
are
appropriated
from
the
34
storage
tank
management
account
to
the
department
of
natural
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resources
for
the
administration
of
a
state
storage
tank
1
program
pursuant
to
chapter
455B,
division
IV,
part
8,
and
for
2
programs
which
reduce
the
potential
for
harm
to
the
environment
3
and
the
public
health
from
storage
tanks.
4
(3)
The
remaining
funds
in
the
account
are
appropriated
5
annually
to
the
Iowa
comprehensive
petroleum
underground
6
storage
tank
fund.
Each
fiscal
year,
the
department
of
7
natural
resources
shall
enter
into
an
agreement
with
the
Iowa
8
comprehensive
petroleum
underground
storage
tank
fund
for
the
9
completion
of
administrative
tasks
during
the
fiscal
year
10
directly
related
to
the
evaluation
and
modification
of
risk
11
based
corrective
action
rules
as
necessary
and
processes
that
12
affect
the
administration
in
subparagraph
(2).
13
Sec.
9.
Section
455G.3,
Code
2009,
is
amended
by
adding
the
14
following
new
subsections:
15
NEW
SUBSECTION
.
6.
For
the
fiscal
year
beginning
July
1,
16
2010,
and
each
fiscal
year
thereafter,
there
is
appropriated
17
from
the
Iowa
comprehensive
petroleum
underground
storage
18
tank
fund
to
the
department
of
natural
resources
two
hundred
19
thousand
dollars
for
purposes
of
technical
review
support
to
be
20
conducted
by
nongovernmental
entities
for
leaking
underground
21
storage
tank
assessments.
22
NEW
SUBSECTION
.
7.
For
the
fiscal
year
beginning
July
23
1,
2010,
there
is
appropriated
from
the
Iowa
comprehensive
24
petroleum
underground
storage
tank
fund
to
the
department
of
25
natural
resources
one
hundred
thousand
dollars
for
purposes
of
26
database
modifications
necessary
to
accept
batched
external
27
data
regarding
underground
storage
tank
inspections
conducted
28
by
nongovernmental
entities.
29
NEW
SUBSECTION
.
8.
For
the
fiscal
year
beginning
July
1,
30
2010,
and
each
fiscal
year
thereafter,
there
is
appropriated
31
from
the
Iowa
comprehensive
petroleum
underground
storage
tank
32
fund
to
the
department
of
agriculture
and
land
stewardship
33
two
hundred
fifty
thousand
dollars
for
the
sole
and
exclusive
34
purpose
of
inspecting
fuel
quality
at
pipeline
terminals
and
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renewable
fuel
production
facilities,
including
salaries,
1
support,
maintenance,
and
miscellaneous
purposes.
2
NEW
SUBSECTION
.
9.
Beginning
September
1,
2010,
the
board
3
shall
administer
safety
training,
hazardous
material
training,
4
environmental
training,
and
underground
storage
tank
operator
5
training
in
the
state
to
be
provided
by
an
entity
approved
by
6
the
department
of
natural
resources.
The
training
provided
7
pursuant
to
this
subsection
shall
be
available
to
any
tank
8
operator
in
the
state
at
an
equal
and
reasonable
cost
and
9
shall
not
be
conditioned
upon
any
other
requirements.
Each
10
fiscal
year,
the
board
shall
not
expend
more
than
two
hundred
11
fifty
thousand
dollars
from
the
Iowa
comprehensive
petroleum
12
underground
storage
tank
fund
for
purposes
of
administering
13
this
subsection.
14
Sec.
10.
Section
455G.4,
subsection
1,
paragraph
a,
15
subparagraphs
(3)
and
(5),
Code
Supplement
2009,
are
amended
16
to
read
as
follows:
17
(3)
The
commissioner
of
insurance,
or
the
commissioner’s
18
designee.
An
employee
of
the
department
of
management
who
19
has
been
designated
as
a
risk
manager
by
the
director
of
the
20
department
of
management.
21
(5)
Two
owners
or
operators
appointed
by
the
governor
.
22
One
of
the
owners
or
operators
appointed
pursuant
to
this
23
subparagraph
shall
have
been
a
petroleum
systems
insured
24
through
the
underground
storage
tank
insurance
fund
as
it
25
existed
on
June
30,
2004,
or
a
successor
to
the
underground
26
storage
tank
insurance
fund
and
shall
have
been
an
insured
27
through
the
insurance
account
of
the
comprehensive
petroleum
28
underground
storage
tank
fund
on
or
before
October
26,
1990.
29
One
of
the
owners
or
operators
appointed
pursuant
to
this
30
subparagraph
shall
be
self-insured.
as
follows:
31
(a)
One
member
shall
be
an
owner
or
operator
who
is
32
self-insured.
33
(b)
One
member
shall
be
a
member
of
the
petroleum
marketers
34
and
convenience
stores
of
Iowa
or
its
designee.
35
-7-
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Sec.
11.
Section
455G.8,
subsection
3,
Code
2009,
is
amended
1
by
striking
the
subsection.
2
Sec.
12.
Section
455G.9,
subsection
1,
paragraphs
d,
k,
and
3
l,
Code
2009,
are
amended
to
read
as
follows:
4
d.
One
hundred
percent
of
the
costs
of
corrective
action
5
and
third-party
liability
for
a
release
situated
on
property
6
acquired
by
a
county
for
delinquent
taxes
pursuant
to
chapters
7
445
through
448,
for
which
a
responsible
owner
or
operator
8
able
to
pay,
other
than
the
county,
cannot
be
found.
A
county
9
is
not
a
“responsible
party”
for
a
release
in
connection
with
10
property
which
it
acquires
in
connection
with
delinquent
taxes,
11
and
does
not
become
a
responsible
party
by
sale
or
transfer
12
of
property
so
acquired.
In
such
situations,
the
board
may
13
act
as
an
agent
for
the
county.
Actual
corrective
action
on
14
the
site
shall
be
overseen
by
the
department,
the
board,
and
15
a
certified
groundwater
professional.
Third-party
liability
16
specifically
excludes
any
claim,
cause
of
action,
or
suit,
for
17
personal
injury
including
,
but
not
limited
to
,
loss
of
use
18
or
of
private
enjoyment,
mental
anguish,
false
imprisonment,
19
wrongful
entry
or
eviction,
humiliation,
discrimination,
or
20
malicious
prosecution.
Reasonable
acquisition
costs
do
not
21
include
any
taxes
or
costs
related
to
the
collection
of
taxes.
22
k.
Pursuant
to
an
agreement
between
the
board
and
the
23
department
of
natural
resources,
assessment
and
corrective
24
action
arising
out
of
releases
at
sites
for
which
a
no
further
25
action
certificate
has
been
issued
pursuant
to
section
26
455B.474,
when
the
department
determines
that
an
unreasonable
27
risk
to
public
health
and
safety
may
still
exist
or
that
28
previously
reported
upon
applicable
target
levels
have
been
29
exceeded
.
At
a
minimum,
the
agreement
shall
address
eligible
30
costs,
contracting
for
services,
and
conditions
under
which
31
sites
may
be
reevaluated.
32
l.
Costs
Up
to
fifteen
thousand
dollars
for
the
permanent
33
closure
of
an
underground
storage
tank
system
that
was
in
place
34
on
the
date
an
eligible
claim
was
submitted
under
paragraph
35
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“a”
that
does
not
meet
performance
standards
for
new
or
upgraded
1
tanks
or
is
otherwise
required
to
be
closed
pursuant
to
rules
2
adopted
by
the
environmental
protection
commission
pursuant
to
3
section
455B.474
.
Reimbursement
is
limited
to
costs
approved
4
by
the
board
prior
to
the
closure
activities.
5
Sec.
13.
Section
455G.9,
subsection
4,
Code
2009,
is
amended
6
to
read
as
follows:
7
4.
Minimum
copayment
schedule.
8
a.
An
owner
or
operator
shall
be
required
to
pay
the
9
greater
of
five
thousand
dollars
or
eighteen
percent
of
the
10
first
eighty
thousand
dollars
of
the
total
costs
of
corrective
11
action
for
that
release
,
except
for
claims
pursuant
to
section
12
455G.21,
where
the
claimant
is
not
a
responsible
party
or
13
potentially
responsible
party
for
the
site
for
which
the
claim
14
is
filed
.
15
b.
If
a
site’s
actual
expenses
exceed
eighty
thousand
16
dollars,
the
remedial
account
shall
pay
the
remainder,
as
17
required
by
federal
regulations,
of
the
total
costs
of
the
18
corrective
action
for
that
release,
not
to
exceed
one
million
19
dollars,
except
that
a
county
shall
not
be
required
to
pay
a
20
copayment
in
connection
with
a
release
situated
on
property
21
acquired
in
connection
with
delinquent
taxes,
as
provided
in
22
subsection
1,
paragraph
“d”
,
unless
subsequent
to
acquisition
23
the
county
actively
operates
a
tank
on
the
property
for
24
purposes
other
than
risk
assessment,
risk
management,
or
tank
25
closure.
26
Sec.
14.
Section
455G.9,
subsection
7,
Code
2009,
is
amended
27
to
read
as
follows:
28
7.
Expenses
of
cleanup
not
required.
When
an
owner
or
29
operator
who
is
eligible
for
benefits
under
this
chapter
is
30
allowed
by
the
department
of
natural
resources
to
monitor
in
31
place,
the
expenses
incurred
for
cleanup
beyond
the
level
32
required
by
the
department
of
natural
resources
are
not
may
33
be
covered
under
any
of
the
accounts
established
under
the
34
fund
only
if
approved
by
the
board
as
cost-effective
relative
35
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to
the
department
accepted
monitoring
plan
or
relative
to
1
the
repeal
date
specified
in
section
424.19
.
The
cleanup
2
expenses
incurred
for
work
completed
beyond
what
is
required
3
is
the
responsibility
of
the
person
contracting
for
the
excess
4
cleanup.
The
board
shall
seek
to
terminate
the
responsible
5
party’s
environmental
liabilities
at
such
sites
prior
to
the
6
board
ceasing
operation.
7
Sec.
15.
Section
455G.9,
subsection
10,
Code
2009,
is
8
amended
to
read
as
follows:
9
10.
Expenses
incurred
by
governmental
subdivisions
and
10
public
works
utilities
.
The
board
may
shall
adopt
rules
11
for
reimbursement
for
reasonable
expenses
incurred
by
12
a
governmental
subdivision
or
public
works
utility
for
13
sampling,
treating,
handling,
or
disposing,
as
required
by
the
14
department,
of
petroleum-contaminated
soil
and
groundwater
15
encountered
in
a
public
right-of-way
during
installation,
16
maintenance,
or
repair
of
a
utility
or
public
improvement.
The
17
board
may
seek
full
recovery
from
a
responsible
party
liable
18
for
the
release
for
such
expenses
and
for
all
other
costs
and
19
reasonable
attorney
fees
and
costs
of
litigation
for
which
20
moneys
are
expended
by
the
fund.
Any
expense
described
in
21
this
subsection
incurred
by
the
fund
constitutes
a
lien
upon
22
the
property
from
which
the
release
occurred.
A
lien
shall
be
23
recorded
and
an
expense
shall
be
collected
in
the
same
manner
24
as
provided
in
section
424.11.
25
Sec.
16.
EFFECTIVE
UPON
ENACTMENT
AND
RETROACTIVE
26
APPLICABILITY.
The
section
of
this
division
of
this
Act
27
amending
section
455G.9,
subsection
4,
being
deemed
of
28
immediate
importance,
takes
effect
upon
enactment
and
applies
29
retroactively
to
January
1,
2010.
30
DIVISION
II
31
BONDING
AUTHORITY
32
Sec.
17.
Section
455G.2,
subsection
1,
Code
2009,
is
amended
33
by
striking
the
subsection.
34
Sec.
18.
Section
455G.2,
subsection
3,
Code
2009,
is
amended
35
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2242
to
read
as
follows:
1
3.
“Bond”
means
a
bond,
note,
or
other
obligation
issued
by
2
the
authority
treasurer
of
state
for
the
fund
and
the
purposes
3
of
this
chapter.
4
Sec.
19.
Section
455G.3,
subsection
2,
Code
2009,
is
amended
5
to
read
as
follows:
6
2.
The
board
shall
assist
Iowa’s
owners
and
operators
7
of
petroleum
underground
storage
tanks
in
complying
with
8
federal
environmental
protection
agency
technical
and
financial
9
responsibility
regulations
by
establishment
of
the
Iowa
10
comprehensive
petroleum
underground
storage
tank
fund.
The
11
authority
treasurer
of
state
may
issue
its
bonds,
or
series
of
12
bonds,
to
assist
the
board,
as
provided
in
this
chapter.
13
Sec.
20.
Section
455G.6,
subsections
7
through
9,
Code
14
Supplement
2009,
are
amended
to
read
as
follows:
15
7.
The
board
may
contract
with
the
authority
treasurer
16
of
state
for
the
authority
treasurer
of
state
to
issue
bonds
17
and
do
all
things
necessary
with
respect
to
the
purposes
of
18
the
fund,
as
set
out
in
the
contract
between
the
board
and
19
the
authority
treasurer
of
state
.
The
board
may
delegate
to
20
the
authority
treasurer
of
state
and
the
authority
treasurer
21
of
state
shall
then
have
all
of
the
powers
of
the
board
22
which
are
necessary
to
issue
and
secure
bonds
and
carry
23
out
the
purposes
of
the
fund,
to
the
extent
provided
in
24
the
contract
between
the
board
and
the
authority
treasurer
25
of
state
.
The
authority
treasurer
of
state
may
issue
the
26
authority’s
treasurer
of
state’s
bonds
in
principal
amounts
27
which,
in
the
opinion
of
the
board,
are
necessary
to
provide
28
sufficient
funds
for
the
fund,
the
payment
of
interest
on
the
29
bonds,
the
establishment
of
reserves
to
secure
the
bonds,
the
30
costs
of
issuance
of
the
bonds,
other
expenditures
of
the
31
authority
treasurer
of
state
incident
to
and
necessary
or
32
convenient
to
carry
out
the
bond
issue
for
the
fund,
and
all
33
other
expenditures
of
the
board
necessary
or
convenient
to
34
administer
the
fund.
The
bonds
are
investment
securities
and
35
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negotiable
instruments
within
the
meaning
of
and
for
purposes
1
of
the
uniform
commercial
code,
chapter
554.
2
8.
Bonds
issued
under
this
section
are
payable
solely
and
3
only
out
of
the
moneys,
assets,
or
revenues
of
the
fund,
all
4
of
which
may
be
deposited
with
trustees
or
depositories
in
5
accordance
with
bond
or
security
documents
and
pledged
by
the
6
board
to
the
payment
thereof,
and
are
not
an
indebtedness
of
7
this
state
or
the
authority
,
or
a
charge
against
the
general
8
credit
or
general
fund
of
the
state
or
the
authority
,
and
9
the
state
shall
not
be
liable
for
any
financial
undertakings
10
with
respect
to
the
fund.
Bonds
issued
under
this
chapter
11
shall
contain
on
their
face
a
statement
that
the
bonds
do
not
12
constitute
an
indebtedness
of
the
state
or
the
authority
.
13
9.
The
proceeds
of
bonds
issued
by
the
authority
treasurer
14
of
state
and
not
required
for
immediate
disbursement
may
be
15
deposited
with
a
trustee
or
depository
as
provided
in
the
16
bond
documents
and
invested
in
any
investment
approved
by
17
the
authority
treasurer
of
state
and
specified
in
the
trust
18
indenture,
resolution,
or
other
instrument
pursuant
to
which
19
the
bonds
are
issued
without
regard
to
any
limitation
otherwise
20
provided
by
law.
21
Sec.
21.
Section
455G.6,
subsection
10,
paragraph
b,
Code
22
Supplement
2009,
is
amended
to
read
as
follows:
23
b.
Negotiable
instruments
under
the
laws
of
the
state
and
24
may
be
sold
at
prices,
at
public
or
private
sale,
and
in
a
25
manner,
as
prescribed
by
the
authority
treasurer
of
state
.
26
Chapters
73A,
74,
74A
and
75
do
not
apply
to
their
sale
or
27
issuance
of
the
bonds.
28
Sec.
22.
Section
455G.6,
subsection
12,
Code
Supplement
29
2009,
is
amended
to
read
as
follows:
30
12.
Bonds
must
be
authorized
by
a
trust
indenture,
31
resolution,
or
other
instrument
of
the
authority
treasurer
of
32
state
,
approved
by
the
board.
However,
a
trust
indenture,
33
resolution,
or
other
instrument
authorizing
the
issuance
of
34
bonds
may
delegate
to
an
officer
of
the
issuer
the
power
to
35
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negotiate
and
fix
the
details
of
an
issue
of
bonds.
1
Sec.
23.
Section
455G.7,
Code
Supplement
2009,
is
amended
2
to
read
as
follows:
3
455G.7
Security
for
bonds
——
capital
reserve
fund
——
4
irrevocable
contracts.
5
1.
a.
For
the
purpose
of
securing
one
or
more
issues
of
6
bonds
for
the
fund,
the
authority
treasurer
of
state
,
with
7
the
approval
of
the
board,
may
authorize
the
establishment
8
of
one
or
more
special
funds,
called
“capital
reserve
funds”
.
9
The
authority
treasurer
of
state
may
pay
into
the
capital
10
reserve
funds
the
proceeds
of
the
sale
of
its
bonds
and
other
11
money
which
may
be
made
available
to
the
authority
treasurer
12
of
state
from
other
sources
for
the
purposes
of
the
capital
13
reserve
funds.
Except
as
provided
in
this
section,
money
in
a
14
capital
reserve
fund
shall
be
used
only
as
required
for
any
of
15
the
following:
16
a.
(1)
The
payment
of
the
principal
of
and
interest
on
17
bonds
or
of
the
sinking
fund
payments
with
respect
to
those
18
bonds.
19
b.
(2)
The
purchase
or
redemption
of
the
bonds.
20
c.
(3)
The
payment
of
a
redemption
premium
required
to
be
21
paid
when
the
bonds
are
redeemed
before
maturity.
22
b.
However,
money
in
a
capital
reserve
fund
shall
not
be
23
withdrawn
if
the
withdrawal
would
reduce
the
amount
in
the
24
capital
reserve
fund
to
less
than
the
capital
reserve
fund
25
requirement,
except
for
the
purpose
of
making
payment,
when
26
due,
of
principal,
interest,
redemption
premiums
on
the
bonds,
27
and
making
sinking
fund
payments
when
other
money
pledged
to
28
the
payment
of
the
bonds
is
not
available
for
the
payments.
29
Income
or
interest
earned
by,
or
increment
to,
a
capital
30
reserve
fund
from
the
investment
of
all
or
part
of
the
capital
31
reserve
fund
may
be
transferred
by
the
authority
treasurer
of
32
state
to
other
accounts
of
the
fund
if
the
transfer
does
not
33
reduce
the
amount
of
the
capital
reserve
fund
below
the
capital
34
reserve
fund
requirement.
35
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2.
If
the
authority
treasurer
of
state
decides
to
issue
1
bonds
secured
by
a
capital
reserve
fund,
the
bonds
shall
not
be
2
issued
if
the
amount
in
the
capital
reserve
fund
is
less
than
3
the
capital
reserve
fund
requirement,
unless
at
the
time
of
4
issuance
of
the
bonds
the
authority
treasurer
of
state
deposits
5
in
the
capital
reserve
fund
from
the
proceeds
of
the
bonds
to
6
be
issued
or
from
other
sources,
an
amount
which,
together
with
7
the
amount
then
in
the
capital
reserve
fund,
is
not
less
than
8
the
capital
reserve
fund
requirement.
9
3.
In
computing
the
amount
of
a
capital
reserve
fund
for
the
10
purpose
of
this
section,
securities
in
which
all
or
a
portion
11
of
the
capital
reserve
fund
is
invested
shall
be
valued
by
a
12
reasonable
method
established
by
the
authority
treasurer
of
13
state
.
Valuation
shall
include
the
amount
of
interest
earned
14
or
accrued
as
of
the
date
of
valuation.
15
4.
In
this
section,
“capital
reserve
fund
requirement”
means
16
the
amount
required
to
be
on
deposit
in
the
capital
reserve
17
fund
as
of
the
date
of
computation.
18
5.
To
assure
maintenance
of
the
capital
reserve
funds,
19
the
authority
treasurer
of
state
shall,
on
or
before
July
1
20
of
each
calendar
year,
make
and
deliver
to
the
governor
the
21
authority’s
treasurer
of
state’s
certificate
stating
the
sum,
22
if
any,
required
to
restore
each
capital
reserve
fund
to
the
23
capital
reserve
fund
requirement
for
that
fund.
Within
thirty
24
days
after
the
beginning
of
the
session
of
the
general
assembly
25
next
following
the
delivery
of
the
certificate,
the
governor
26
may
submit
to
both
houses
printed
copies
of
a
budget
including
27
the
sum,
if
any,
required
to
restore
each
capital
reserve
fund
28
to
the
capital
reserve
fund
requirement
for
that
fund.
Any
29
sums
appropriated
by
the
general
assembly
and
paid
to
the
30
authority
treasurer
of
state
pursuant
to
this
section
shall
be
31
deposited
in
the
applicable
capital
reserve
fund.
32
6.
All
amounts
paid
by
the
state
pursuant
to
this
section
33
shall
be
considered
advances
by
the
state
and,
subject
to
the
34
rights
of
the
holders
of
any
bonds
of
the
authority
treasurer
35
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2242
of
state
that
have
previously
been
issued
or
will
be
issued,
1
shall
be
repaid
to
the
state
without
interest
from
all
2
available
revenues
of
the
fund
in
excess
of
amounts
required
3
for
the
payment
of
bonds
of
the
authority
treasurer
of
state
,
4
the
capital
reserve
fund,
and
operating
expenses.
5
7.
If
any
amount
deposited
in
a
capital
reserve
fund
is
6
withdrawn
for
payment
of
principal,
premium,
or
interest
on
7
the
bonds
or
sinking
fund
payments
with
respect
to
bonds
8
thus
reducing
the
amount
of
that
fund
to
less
than
the
9
capital
reserve
fund
requirement,
the
authority
treasurer
of
10
state
shall
immediately
notify
the
governor
and
the
general
11
assembly
of
this
event
and
shall
take
steps
to
restore
the
12
capital
reserve
fund
to
the
capital
reserve
fund
requirement
13
for
that
fund
from
any
amounts
designated
as
being
available
14
for
such
purpose.
15
Sec.
24.
Section
455G.8,
subsection
2,
Code
2009,
is
amended
16
to
read
as
follows:
17
2.
Statutory
allocations
fund.
The
moneys
credited
from
the
18
statutory
allocations
fund
under
section
321.145,
subsection
19
2,
paragraph
“a”
,
shall
be
allocated,
consistent
with
this
20
chapter,
among
the
fund’s
accounts,
for
debt
service
and
other
21
fund
expenses,
according
to
the
fund
budget,
resolution,
trust
22
agreement,
or
other
instrument
prepared
or
entered
into
by
the
23
board
or
authority
treasurer
of
state
under
direction
of
the
24
board.
25
Sec.
25.
REPEAL.
Section
16.151,
Code
2009,
is
repealed.
26
Sec.
26.
REPEAL.
1989
Iowa
Acts,
chapter
131,
section
27
63,
as
amended
by
2009
Iowa
Acts,
chapter
184,
section
39,
is
28
repealed.
29
Sec.
27.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
30
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
31
enactment.
32
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