Bill Text: IA HF155 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing for the establishment of a crude oil disaster prevention and response fund, establishing fees, and making an appropriation.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2017-01-31 - Subcommittee: Klein, Gassman and Hanson. H.J. 167. [HF155 Detail]
Download: Iowa-2017-HF155-Introduced.html
House File 155 - Introduced HOUSE FILE BY ISENHART and KEARNS A BILL FOR 1 An Act providing for the establishment of a crude oil disaster 2 prevention and response fund, establishing fees, and making 3 an appropriation. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1340YH (5) 87 gh/rn/nh PAG LIN 1 1 Section 1. NEW SECTION. 455B.702 Crude oil disaster 1 2 prevention and response fund. 1 3 1. A crude oil disaster prevention and response fund is 1 4 created within the state treasury under the control of the 1 5 department of natural resources consisting of moneys received 1 6 in the form of crude oil disaster prevention and response 1 7 fees as provided in section 455B.703. Moneys in the fund are 1 8 appropriated to the department for the purposes specified in 1 9 subsection 3. 1 10 2. Notwithstanding section 12C.7, subsection 2, interest or 1 11 earnings on moneys in the fund shall be credited to the fund. 1 12 Notwithstanding section 8.33, moneys credited to the fund that 1 13 remain unexpended or unobligated at the end of a fiscal year 1 14 shall not revert to any other fund. 1 15 3. The director may use moneys deposited in the fund for any 1 16 of the following purposes: 1 17 a. For railroad, highway, and bridge safety inspections in 1 18 collaboration with the department of transportation. 1 19 b. For transfer to the department of commerce revolving 1 20 fund created in section 546.12 to supplement amounts received 1 21 for hazardous liquid pipeline safety inspections pursuant to 1 22 sections 479B.11 and 479B.23. 1 23 c. For the control, abatement, and prevention of hazardous 1 24 conditions resulting from the accidental discharge of crude 1 25 oil being transported through the state, including but not 1 26 limited to emergency responder training and equipment, and 1 27 prevention, response, cleanup, and mitigation efforts. The 1 28 director shall make all reasonable efforts to recover the 1 29 full amount of moneys expended from the fund for prevention, 1 30 response, cleanup, and mitigation efforts through litigation or 1 31 cooperative agreements with responsible persons, with moneys 1 32 recovered deposited with the treasurer of state and credited to 1 33 the crude oil disaster prevention and response fund. 1 34 Sec. 2. NEW SECTION. 455B.703 Crude oil disaster prevention 1 35 and response fee. 2 1 A crude oil disaster prevention and response fee shall be 2 2 assessed against and collected from the owner or operator of a 2 3 pipeline company, as defined in section 479B.2, in an amount 2 4 equal to twenty=four ten=thousandths of one cent per gallon 2 5 of crude oil transported out of the state by pipeline, rail, 2 6 truck, or other means, whether such oil has been extracted 2 7 within or outside of the state. The director shall establish 2 8 by rule procedures for the assessment and collection of 2 9 the fees. Fees collected pursuant to this section shall be 2 10 deposited in the crude oil disaster prevention and response 2 11 fund created in section 455B.702. 2 12 EXPLANATION 2 13 The inclusion of this explanation does not constitute agreement with 2 14 the explanation's substance by the members of the general assembly. 2 15 This bill relates to the transporting of crude oil through 2 16 Iowa by establishing a crude oil disaster prevention and 2 17 response fee and fund. 2 18 The bill creates the crude oil disaster prevention and 2 19 response fund in the state treasury under the control of the 2 20 department of natural resources. The bill appropriates moneys 2 21 deposited in the fund to the department and provides that the 2 22 director of the department may use moneys deposited in the fund 2 23 for any of several purposes, including for providing railroad, 2 24 highway, and bridge safety inspections in collaboration 2 25 with the department of transportation, for transfer to the 2 26 department of commerce revolving fund to supplement hazardous 2 27 liquid pipeline inspection fees received pursuant to Code 2 28 sections 479B.11 and 479B.23, and for the control, abatement, 2 29 and prevention of hazardous conditions resulting from the 2 30 accidental discharge of crude oil being transported through 2 31 the state, including but not limited to emergency responder 2 32 training and equipment, and disaster prevention, response, and 2 33 mitigation efforts. 2 34 With regard to prevention, response, cleanup, and mitigation 2 35 efforts, the bill provides that the director shall make 3 1 all reasonable efforts to recover the full amount of moneys 3 2 expended from the fund for response, cleanup, and mitigation 3 3 efforts through litigation or cooperative agreements with 3 4 responsible persons, with moneys recovered credited to the 3 5 crude oil disaster prevention and response fund. 3 6 The bill establishes a crude oil disaster prevention and 3 7 response fee to be assessed against and collected from the 3 8 owner or operator of a pipeline company, as defined in Code 3 9 section 479B.2, in an amount equal to 0.0024 of 1 cent per 3 10 gallon of crude oil transported out of the state by pipeline, 3 11 rail, truck, or other means, whether such oil has been 3 12 extracted within or outside of the state. The bill provides 3 13 that the director shall establish by rule procedures for the 3 14 assessment and collection of the fees, and that the fees shall 3 15 be deposited in the crude oil disaster prevention and response 3 16 fund. LSB 1340YH (5) 87 gh/rn/nh
