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House File 155 - IntroducedA Bill ForAn Act 1providing for the establishment of a crude oil disaster
2prevention and response fund, establishing fees, and making
3an appropriation.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 455B.702 Crude oil disaster
2prevention and response fund.
31. A crude oil disaster prevention and response fund is
4created within the state treasury under the control of the
5department of natural resources consisting of moneys received
6in the form of crude oil disaster prevention and response
7fees as provided in section 455B.703. Moneys in the fund are
8appropriated to the department for the purposes specified in
9subsection 3.
102. Notwithstanding section 12C.7, subsection 2, interest or
11earnings on moneys in the fund shall be credited to the fund.
12Notwithstanding section 8.33, moneys credited to the fund that
13remain unexpended or unobligated at the end of a fiscal year
14shall not revert to any other fund.
153. The director may use moneys deposited in the fund for any
16of the following purposes:
17a. For railroad, highway, and bridge safety inspections in
18collaboration with the department of transportation.
19b. For transfer to the department of commerce revolving
20fund created in section 546.12 to supplement amounts received
21for hazardous liquid pipeline safety inspections pursuant to
22sections 479B.11 and 479B.23.
23c. For the control, abatement, and prevention of hazardous
24conditions resulting from the accidental discharge of crude
25oil being transported through the state, including but not
26limited to emergency responder training and equipment, and
27prevention, response, cleanup, and mitigation efforts. The
28director shall make all reasonable efforts to recover the
29full amount of moneys expended from the fund for prevention,
30response, cleanup, and mitigation efforts through litigation or
31cooperative agreements with responsible persons, with moneys
32recovered deposited with the treasurer of state and credited to
33the crude oil disaster prevention and response fund.
34 Sec. 2. NEW SECTION. 455B.703 Crude oil disaster prevention
35and response fee.
-1- 1A crude oil disaster prevention and response fee shall be
2assessed against and collected from the owner or operator of a
3pipeline company, as defined in section 479B.2, in an amount
4equal to twenty-four ten-thousandths of one cent per gallon
5of crude oil transported out of the state by pipeline, rail,
6truck, or other means, whether such oil has been extracted
7within or outside of the state. The director shall establish
8by rule procedures for the assessment and collection of
9the fees. Fees collected pursuant to this section shall be
10deposited in the crude oil disaster prevention and response
11fund created in section 455B.702.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to the transporting of crude oil through
16Iowa by establishing a crude oil disaster prevention and
17response fee and fund.
18The bill creates the crude oil disaster prevention and
19response fund in the state treasury under the control of the
20department of natural resources. The bill appropriates moneys
21deposited in the fund to the department and provides that the
22director of the department may use moneys deposited in the fund
23for any of several purposes, including for providing railroad,
24highway, and bridge safety inspections in collaboration
25with the department of transportation, for transfer to the
26department of commerce revolving fund to supplement hazardous
27liquid pipeline inspection fees received pursuant to Code
28sections 479B.11 and 479B.23, and for the control, abatement,
29and prevention of hazardous conditions resulting from the
30accidental discharge of crude oil being transported through
31the state, including but not limited to emergency responder
32training and equipment, and disaster prevention, response, and
33mitigation efforts.
34With regard to prevention, response, cleanup, and mitigation
35efforts, the bill provides that the director shall make
-2-1all reasonable efforts to recover the full amount of moneys
2expended from the fund for response, cleanup, and mitigation
3efforts through litigation or cooperative agreements with
4responsible persons, with moneys recovered credited to the
5crude oil disaster prevention and response fund.
6The bill establishes a crude oil disaster prevention and
7response fee to be assessed against and collected from the
8owner or operator of a pipeline company, as defined in Code
9section 479B.2, in an amount equal to 0.0024 of 1 cent per
10gallon of crude oil transported out of the state by pipeline,
11rail, truck, or other means, whether such oil has been
12extracted within or outside of the state. The bill provides
13that the director shall establish by rule procedures for the
14assessment and collection of the fees, and that the fees shall
15be deposited in the crude oil disaster prevention and response
16fund.
-3-gh/rn/nh
2prevention and response fund, establishing fees, and making
3an appropriation.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 455B.702 Crude oil disaster
2prevention and response fund.
31. A crude oil disaster prevention and response fund is
4created within the state treasury under the control of the
5department of natural resources consisting of moneys received
6in the form of crude oil disaster prevention and response
7fees as provided in section 455B.703. Moneys in the fund are
8appropriated to the department for the purposes specified in
9subsection 3.
102. Notwithstanding section 12C.7, subsection 2, interest or
11earnings on moneys in the fund shall be credited to the fund.
12Notwithstanding section 8.33, moneys credited to the fund that
13remain unexpended or unobligated at the end of a fiscal year
14shall not revert to any other fund.
153. The director may use moneys deposited in the fund for any
16of the following purposes:
17a. For railroad, highway, and bridge safety inspections in
18collaboration with the department of transportation.
19b. For transfer to the department of commerce revolving
20fund created in section 546.12 to supplement amounts received
21for hazardous liquid pipeline safety inspections pursuant to
22sections 479B.11 and 479B.23.
23c. For the control, abatement, and prevention of hazardous
24conditions resulting from the accidental discharge of crude
25oil being transported through the state, including but not
26limited to emergency responder training and equipment, and
27prevention, response, cleanup, and mitigation efforts. The
28director shall make all reasonable efforts to recover the
29full amount of moneys expended from the fund for prevention,
30response, cleanup, and mitigation efforts through litigation or
31cooperative agreements with responsible persons, with moneys
32recovered deposited with the treasurer of state and credited to
33the crude oil disaster prevention and response fund.
34 Sec. 2. NEW SECTION. 455B.703 Crude oil disaster prevention
35and response fee.
-1- 1A crude oil disaster prevention and response fee shall be
2assessed against and collected from the owner or operator of a
3pipeline company, as defined in section 479B.2, in an amount
4equal to twenty-four ten-thousandths of one cent per gallon
5of crude oil transported out of the state by pipeline, rail,
6truck, or other means, whether such oil has been extracted
7within or outside of the state. The director shall establish
8by rule procedures for the assessment and collection of
9the fees. Fees collected pursuant to this section shall be
10deposited in the crude oil disaster prevention and response
11fund created in section 455B.702.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to the transporting of crude oil through
16Iowa by establishing a crude oil disaster prevention and
17response fee and fund.
18The bill creates the crude oil disaster prevention and
19response fund in the state treasury under the control of the
20department of natural resources. The bill appropriates moneys
21deposited in the fund to the department and provides that the
22director of the department may use moneys deposited in the fund
23for any of several purposes, including for providing railroad,
24highway, and bridge safety inspections in collaboration
25with the department of transportation, for transfer to the
26department of commerce revolving fund to supplement hazardous
27liquid pipeline inspection fees received pursuant to Code
28sections 479B.11 and 479B.23, and for the control, abatement,
29and prevention of hazardous conditions resulting from the
30accidental discharge of crude oil being transported through
31the state, including but not limited to emergency responder
32training and equipment, and disaster prevention, response, and
33mitigation efforts.
34With regard to prevention, response, cleanup, and mitigation
35efforts, the bill provides that the director shall make
-2-1all reasonable efforts to recover the full amount of moneys
2expended from the fund for response, cleanup, and mitigation
3efforts through litigation or cooperative agreements with
4responsible persons, with moneys recovered credited to the
5crude oil disaster prevention and response fund.
6The bill establishes a crude oil disaster prevention and
7response fee to be assessed against and collected from the
8owner or operator of a pipeline company, as defined in Code
9section 479B.2, in an amount equal to 0.0024 of 1 cent per
10gallon of crude oil transported out of the state by pipeline,
11rail, truck, or other means, whether such oil has been
12extracted within or outside of the state. The bill provides
13that the director shall establish by rule procedures for the
14assessment and collection of the fees, and that the fees shall
15be deposited in the crude oil disaster prevention and response
16fund.
-3-gh/rn/nh