Bill Text: IA HF2464 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to environmental protection by modifying and eliminating allocations from the statutory allocations fund to the Iowa comprehensive petroleum underground storage tank fund and the renewable fuel infrastructure fund, making related changes, including changes related to the repeal of the environmental protection charge on petroleum diminution, and including effective date provisions. (Formerly HF 2381) (Formerly HSB 638)
Spectrum: Committee Bill
Status: (Passed) 2016-05-16 - Signed by Governor. H.J. 999. [HF2464 Detail]
Download: Iowa-2015-HF2464-Enrolled.html
House File 2464 - Enrolled
HOUSE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO HF 2381)
(SUCCESSOR TO HSB 638)
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A BILL FOR
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House File 2464
AN ACT
RELATING TO ENVIRONMENTAL PROTECTION BY MODIFYING AND
ELIMINATING ALLOCATIONS FROM THE STATUTORY ALLOCATIONS FUND
TO THE IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK
FUND AND THE RENEWABLE FUEL INFRASTRUCTURE FUND, MAKING
RELATED CHANGES, INCLUDING CHANGES RELATED TO THE REPEAL OF
THE ENVIRONMENTAL PROTECTION CHARGE ON PETROLEUM DIMINUTION,
AND INCLUDING EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
UNDERGROUND STORAGE TANK FUND AND RENEWABLE FUEL INFRASTRUCTURE
FUND ALLOCATIONS
Section 1. Section 321.145, subsection 2, paragraph a, Code
2016, as amended by division II of this Act, is amended by
striking the paragraph.
Sec. 2. Section 321.145, subsection 2, paragraph b, Code
2016, is amended to read as follows:
b. Moneys remaining after the operation of paragraph "a"
shall be credited in order of priority as follows:
(1) An amount equal to four percent of the revenue from the
operation of section 321.105A, subsection 2, shall be credited
to the department, to be used for purposes of public transit
assistance under chapter 324A.
(2) An amount equal to two dollars per year of license
validity for each issued or renewed driver's license which is
valid for the operation of a motorcycle shall be credited to
the motorcycle rider education fund established under section
321.179.
(3) The amounts required to be transferred pursuant to
section 321.34 from revenues available under this subsection
shall be transferred and credited as provided in section
321.34, subsections 7, 10, 10A, 11, 11A, 11B, 13, 16, 17,
18, 19, 20, 20A, 20B, 20C, 21, 22, 23, 24, 25, and 26 for the
various purposes specified in those subsections.
Sec. 3. Section 455B.302, unnumbered paragraph 3, Code
2016, is amended to read as follows:
A city or county which provides closure or postclosure care
on the premises of a sanitary landfill owned by a private
agency, shall have a lien upon the property to secure payment
for the amount of materials and labor expended by the city or
county to perform the required closure or postclosure care on
the premises. The lien shall be recordable and collectable
in the same manner as provided in section 424.11, Code 2016.
The lien shall attach at the time the city or county incurs
expenses to provide closure or postclosure care on the premises
of the sanitary landfill. The lien shall be valid as against
subsequent mortgagees, purchasers, or judgment creditors,
for value and without notice of the lien, only upon filing a
notice of the lien with the recorder of the county in which the
property is located. Upon payment, the city or county shall
release the lien. If no lien has been recorded at the time
the property is sold or transferred, the property shall not be
subject to a lien or claim for any closure or postclosure costs
incurred by the city or county.
Sec. 4. Section 455B.392, subsection 7, paragraph d, Code
2016, is amended to read as follows:
d. Cleanup expenses incurred by the state or a political
subdivision shall be a lien upon the real estate constituting
the hazardous condition site, recordable and collectable in
the same manner as provided for in section 424.11, Code 2016,
subject to the terms of this subsection. The lien shall
attach at the time the state or a political subdivision incurs
expenses to clean up the hazardous condition site. The lien
shall be valid as against subsequent mortgagees, purchasers,
or judgment creditors, for value and without notice of the
lien, only when a notice of the lien is filed with the recorder
of the county in which the property is located. Upon payment
by the person to the state or a political subdivision, of
the amount specified in this subsection, the state or a
political subdivision shall release the lien. If no lien has
been recorded at the time the person sells or transfers the
property, then the person shall not be liable for any cleanup
costs incurred by the state or a political subdivision.
Sec. 5. Section 455G.1, subsection 2, unnumbered paragraph
1, Code 2016, is amended to read as follows:
This subchapter applies to petroleum underground storage
tanks for which an owner or operator is required to maintain
proof of financial responsibility under federal or state law,
from the effective date of the regulation of the federal
environmental protection agency governing that tank, and not
from the effective compliance date, unless the effective
compliance date of the regulation is the effective date of the
regulation. An owner or operator of a petroleum underground
storage tank required by federal or state law to maintain proof
of financial responsibility for that underground storage tank
is subject to this subchapter and chapter 424.
Sec. 6. Section 455G.3, subsection 1, Code 2016, is amended
to read as follows:
1. The Iowa comprehensive petroleum underground storage
tank fund is created as a separate fund in the state treasury,
and any funds remaining in the fund at the end of each fiscal
year shall not revert to the general fund but shall remain
in the Iowa comprehensive petroleum underground storage tank
fund. Interest or other income earned by the fund shall be
deposited in the fund. The fund shall include moneys credited
to the fund under this section, section 321.145, subsection
2, paragraph "a", Code 2016, and sections 455G.8 and 455G.9,
and section 455G.11, Code 2003, and other funds which by
law may be credited to the fund. The moneys in the fund are
appropriated to and for the purposes of the board as provided
in this subchapter. Amounts in the fund shall not be subject
to appropriation for any other purpose by the general assembly,
but shall be used only for the purposes set forth in this
subchapter. The treasurer of state shall act as custodian
of the fund and disburse amounts contained in it as directed
by the board including automatic disbursements of funds as
received pursuant to the terms of bond indentures and documents
and security provisions to trustees and custodians. The
treasurer of state is authorized to invest the funds deposited
in the fund at the direction of the board and subject to any
limitations contained in any applicable bond proceedings. The
income from such investment shall be credited to and deposited
in the fund. The fund shall be administered by the board which
shall make expenditures from the fund consistent with the
purposes of the programs set out in this subchapter without
further appropriation. The fund may be divided into different
accounts with different depositories as determined by the board
and to fulfill the purposes of this subchapter.
Sec. 7. Section 455G.3, subsection 5, Code 2016, is amended
by striking the subsection.
Sec. 8. Section 455G.4, subsection 3, paragraph b, Code
2016, is amended by striking the paragraph.
Sec. 9. Section 455G.5, unnumbered paragraphs 2 and 3, Code
2016, are amended to read as follows:
The board may enter into a contract or an agreement
authorized under chapter 28E with a private agency or person,
the department of natural resources, the Iowa finance
authority, the department of administrative services, the
department of revenue, other departments, agencies, or
governmental subdivisions of this state, another state, or
the United States, in connection with its administration and
implementation of this subchapter or chapter 424 or 455B.
The board may reimburse a contractor, public or private,
retained pursuant to this section for expenses incurred in the
execution of a contract or agreement. Reimbursable expenses
include, by way of example, but not exclusion, the costs of
collecting the environmental protection charge or administering
specific delegated duties or powers of the board.
Sec. 10. Section 455G.6, subsection 4, Code 2016, is amended
to read as follows:
4. Grant a mortgage, lien, pledge, assignment, or other
encumbrance on one or more improvements, revenues, asset of
right, accounts, or funds established or received in connection
with the fund, including revenues derived from the moneys
credited under section 321.145, subsection 2, paragraph "a",
Code 2016, and deposited in the fund or an account of the fund.
Sec. 11. Section 455G.8, subsection 2, Code 2016, is amended
to read as follows:
2. Statutory allocations fund. The moneys credited from the
statutory allocations fund under section 321.145, subsection
2, paragraph "a", Code 2016, shall be allocated, consistent
with this subchapter, among the fund's accounts, for debt
service and other fund expenses, according to the fund budget,
resolution, trust agreement, or other instrument prepared or
entered into by the board or treasurer of state under direction
of the board.
Sec. 12. Section 455G.9, subsection 5, paragraph a, Code
2016, is amended to read as follows:
a. If an owner or operator ceases to own or operate a tank
site for which remedial account benefits were received within
ten years of the receipt of any account benefit and sells or
transfers a property interest in the tank site for an amount
which exceeds one hundred twenty percent of the precorrective
action value, adjusted for equipment and capital improvements,
the owner or operator shall refund to the remedial account
an amount equal to ninety percent of the amount in excess of
one hundred twenty percent of the precorrective action value
up to a maximum of the expenses incurred by the remedial
account associated with the tank site plus interest, equal
to the interest for the most recent twelve=month period for
the most recent bond issue for the fund, on the expenses
incurred, compounded annually. An owner or operator under this
subsection shall notify the board of the sale or transfer of
the property interest in the tank site. Expenses incurred
by the fund are a lien upon the property recordable and
collectible in the same manner as the lien provided for in
section 424.11, Code 2016, at the time of sale or transfer,
subject to the terms of this section.
Sec. 13. Section 455G.9, subsections 7 and 10, Code 2016,
are amended to read as follows:
7. Expenses of cleanup not required. When an owner or
operator who is eligible for benefits under this subchapter
is allowed by the department of natural resources to monitor
in place, the expenses incurred for cleanup beyond the level
required by the department of natural resources may be covered
under any of the accounts established under the fund only
if approved by the board as cost=effective relative to the
department accepted monitoring plan or relative to the repeal
date specified in section 424.19, Code 2016. The cleanup
expenses incurred for work completed beyond what is required
is the responsibility of the person contracting for the excess
cleanup. The board shall seek to terminate the responsible
party's environmental liabilities at such sites prior to the
board ceasing operation.
10. Expenses incurred by governmental subdivisions and public
works utilities. The board shall adopt rules for reimbursement
for reasonable expenses incurred by a governmental
subdivision or public works utility for sampling, treating,
handling, or disposing, as required by the department, of
petroleum=contaminated soil and groundwater encountered in a
public right=of=way during installation, maintenance, or repair
of a utility or public improvement. The board may seek full
recovery from a responsible party liable for the release for
such expenses and for all other costs and reasonable attorney
fees and costs of litigation for which moneys are expended by
the fund. Any expense described in this subsection incurred
by the fund constitutes a lien upon the property from which
the release occurred. A lien shall be recorded and an expense
shall be collected in the same manner as provided in section
424.11, Code 2016.
Sec. 14. Section 455G.13, subsection 5, Code 2016, is
amended to read as follows:
5. Lien on tank site. Any amount for which an owner or
operator is liable to the fund, if not paid when due, by
statute, rule, or contract, or determination of liability by
the board or department of natural resources after hearing,
shall constitute a lien upon the real property where the tank,
which was the subject of corrective action, is situated, and
the liability shall be collected in the same manner as the
environmental protection charge pursuant to section 424.11,
Code 2016.
Sec. 15. EFFECTIVE DATE. This division of this Act takes
effect December 31, 2016.
DIVISION II
RENEWABLE FUEL INFRASTRUCTURE FUND == ENVIRONMENTAL PROTECTION
CHARGE ON PETROLEUM DIMINUTION REPEAL
Sec. 16. Section 321.145, subsection 2, paragraph a,
subparagraph (2), Code 2016, is amended to read as follows:
(2) Second, seven one million five hundred fifty thousand
dollars per quarter shall be deposited into and credited to the
renewable fuel infrastructure fund created in section 159A.16,
and the moneys so deposited are a continuing appropriation for
expenditure under chapter 159A, subchapter III, and moneys so
appropriated shall not be used for other purposes.
Sec. 17. Section 424.19, Code 2016, is amended to read as
follows:
424.19 Future repeal.
This chapter is repealed effective June 30 December 31,
2016.
Sec. 18. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
LINDA UPMEYER
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2464, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2016
TERRY E. BRANSTAD
Governor
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