Bill Text: IA HF652 | 2015-2016 | 86th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: A bill for an act relating to underground storage tanks, including by establishing an underground storage tank cost share grant program and fund and making an appropriation. Vetoed 7-2-15.

Spectrum: Committee Bill

Status: (Vetoed) 2015-07-02 - Vetoed by Governor. H.J. 1189. [HF652 Detail]

Download: Iowa-2015-HF652-Introduced.html

---

House File 652 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON
                                     APPROPRIATIONS

                                 (SUCCESSOR TO HF 537)
                                 (SUCCESSOR TO HSB 170)

                                      A BILL FOR

  1 An Act relating to underground storage tanks, including by
  2    establishing an underground storage tank cost share grant
  3    program and fund and making an appropriation.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1613HZ (2) 86
    tr/nh

PAG LIN



  1  1    Section 1.  Section 321.145, subsection 2, paragraph a,
  1  2 subparagraph (1), Code 2015, is amended to read as follows:
  1  3    (1)  First, three one million five hundred seven hundred
  1  4 fifty thousand dollars per quarter shall be deposited into
  1  5 and credited to the Iowa comprehensive petroleum underground
  1  6 storage tank fund created in section 455G.3, and the moneys so
  1  7 deposited are a continuing appropriation for expenditure under
  1  8 chapter 455G, and moneys so appropriated shall not be used for
  1  9 other purposes.
  1 10    Sec. 2.  Section 321.145, subsection 2, paragraph a, Code
  1 11 2015, is amended by adding the following new subparagraph:
  1 12    NEW SUBPARAGRAPH.  (3)  Third, one million seven hundred
  1 13 fifty thousand dollars per quarter shall be deposited into
  1 14 and credited to the underground storage tank cost share
  1 15 grant program fund created in section 455G.6A.  The moneys so
  1 16 deposited are a continuing appropriation for expenditure under
  1 17 that section and shall not be used for other purposes.
  1 18    Sec. 3.  NEW SECTION.  455G.6A  Underground storage tank cost
  1 19 share grant program and fund.
  1 20    1.  For purposes of this section, "grant program fund" means
  1 21 the underground storage tank cost share grant program fund
  1 22 established by this section.
  1 23    2.  An underground storage tank cost share grant program fund
  1 24 is created as a separate fund in the state treasury under the
  1 25 control of the board. The grant program fund is separate from
  1 26 the general fund of the state.
  1 27    3.  a.  The grant program fund is composed of moneys
  1 28 deposited in the fund pursuant to section 321.145, subsection
  1 29 2, paragraph "a", subparagraph (3), other moneys appropriated
  1 30 by the general assembly for deposit in the grant program fund,
  1 31 and moneys available to and obtained or accepted by the board
  1 32 from the United States government or private sources for
  1 33 placement in the grant program fund.
  1 34    b.  The recapture of awards or penalties, or other repayments
  1 35 of moneys originating from the grant program fund, shall be
  2  1 deposited into the grant program fund.
  2  2    c.  Notwithstanding section 12C.7, interest or earnings on
  2  3 moneys in the grant program fund shall be credited to the grant
  2  4 program fund.
  2  5    d.  Notwithstanding section 8.33, unencumbered and
  2  6 unobligated moneys remaining in the grant program fund at the
  2  7 close of each fiscal year shall not revert but shall remain
  2  8 available in the grant program fund for the purposes of this
  2  9 section.
  2 10    e.  Any owner or operator of a location where petroleum is
  2 11 marketed in this state is eligible to apply for and receive
  2 12 funding from the grant program.
  2 13    4.  The grant program fund shall be administered by the
  2 14 board.
  2 15    5.  Moneys in the grant program fund are appropriated to and
  2 16 shall be used by the board as provided in this subsection.
  2 17    a.  Up to fifty thousand dollars shall be allocated each
  2 18 fiscal year to the board to support the administration of the
  2 19 grant program. Otherwise the moneys shall not be transferred,
  2 20 used, obligated, appropriated, or otherwise encumbered except
  2 21 to allocate as grants by the board in accordance with this
  2 22 subsection.
  2 23    b.  The board shall establish a grant program to award grants
  2 24 from moneys in the grant program fund to eligible applicants to
  2 25 replace underground storage tank infrastructure, including but
  2 26 not limited to tanks, lines, pipes, hoses, connections, seals,
  2 27 and pumps.
  2 28    (1)  The board shall adopt rules pursuant to chapter 17A
  2 29 for implementation and administration of the grant program and
  2 30 grant program fund.
  2 31    (2)  At a minimum, replacement infrastructure must be listed
  2 32 by an independent testing laboratory as compatible for use with
  2 33 ethanol blended gasoline classified as E=85.
  2 34    (3)  An eligible applicant may be awarded a grant worth up
  2 35 to fifty percent of the cost to replace infrastructure, with
  3  1 a maximum grant of one hundred thousand dollars. The total
  3  2 grants awarded to an eligible applicant shall not exceed one
  3  3 million dollars per calendar year.
  3  4                           EXPLANATION
  3  5 The inclusion of this explanation does not constitute agreement with
  3  6 the explanation's substance by the members of the general assembly.
  3  7    This bill creates an underground storage tank cost share
  3  8 grant program and a corresponding fund within the state
  3  9 treasury in Code chapter 455G.  The bill reduces the amount
  3 10 deposited in the Iowa comprehensive petroleum underground
  3 11 storage tank fund each quarter from $3.5 million to $1.75
  3 12 million. The grant program fund shall be credited $1.75
  3 13 million per quarter from the statutory allocations fund
  3 14 pursuant to Code section 321.145. The grant program fund shall
  3 15 be administered by the Iowa comprehensive petroleum underground
  3 16 storage tank fund board. The grant program funds shall be
  3 17 allocated as grants by the board to replace underground storage
  3 18 tank infrastructure, including but not limited to tanks, lines,
  3 19 pipes, hoses, connections, seals, and pumps. At a minimum,
  3 20 replacement infrastructure must be listed by an independent
  3 21 testing laboratory as compatible for use with ethanol blended
  3 22 gasoline classified as E=85.
  3 23    Any owner or operator of a location where petroleum is
  3 24 marketed in this state is eligible to apply for and receive
  3 25 funding from the grant program. An eligible applicant may be
  3 26 awarded a grant worth up to 50 percent of the cost to replace
  3 27 infrastructure, with a maximum grant of $100,000. Total grants
  3 28 awarded to an eligible applicant shall not exceed $1 million
  3 29 per calendar year. The bill requires the Iowa comprehensive
  3 30 petroleum underground storage tank fund board to adopt rules to
  3 31 implement and administer the grant program and fund.
  3 32    The bill changes the amount credited from the statutory
  3 33 allocations fund to the Iowa comprehensive petroleum
  3 34 underground storage tank fund per quarter from $3.5 million to
  3 35 $1.75 million.
       LSB 1613HZ (2) 86
       tr/nh