Bill Text: IA HF2343 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to the submission of a groundwater hazard statement. (Formerly HSB 553.) Effective date: 07/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-04-21 - Signed by Governor. H.J. 852. [HF2343 Detail]
Download: Iowa-2021-HF2343-Enrolled.html
House
File
2343
-
Enrolled
House
File
2343
AN
ACT
RELATING
TO
THE
SUBMISSION
OF
A
GROUNDWATER
HAZARD
STATEMENT.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
558.69,
subsection
1,
unnumbered
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
With
each
declaration
of
value
submitted
to
the
county
recorder
under
chapter
428A
,
except
as
specified
in
subsection
8A,
there
shall
be
submitted
a
groundwater
hazard
statement
stating
all
of
the
following:
Sec.
2.
Section
558.69,
subsection
3,
Code
2022,
is
amended
by
striking
the
subsection.
Sec.
3.
Section
558.69,
subsections
4,
7,
and
8,
Code
2022,
are
amended
to
read
as
follows:
4.
A
buyer
of
property
shall
be
provided
with
a
copy
of
the
submitted
groundwater
hazard
statement
,
if
required
under
this
section,
by
the
seller.
7.
The
county
recorder
shall
transmit
the
groundwater
hazard
statements
to
the
department
of
natural
resources
at
times
and
in
a
manner
directed
by
the
director
of
the
department
.
Groundwater
hazard
statements
may
be
transmitted
electronically
to
the
department
or
may
be
presented
to
the
department
through
a
browser
interface
provided
through
the
county
land
record
information
system.
The
form
and
timing
of
the
transmittal
shall
be
determined
by
the
department
and
the
county
recorders.
House
File
2343,
p.
2
8.
The
owner
of
the
property
is
responsible
for
the
accuracy
of
the
information
submitted
on
the
groundwater
hazard
statement.
The
owner’s
agent
and
the
preparer
of
the
groundwater
hazard
statement
shall
not
be
liable
for
the
accuracy
of
information
provided
by
the
owner
of
the
property
unless
the
owner’s
agent
or
the
preparer
of
the
groundwater
hazard
statement
has
direct
knowledge
contrary
to
the
submitted
statement
.
The
provisions
of
this
subsection
do
not
limit
liability
which
may
be
imposed
under
a
contract
or
under
any
other
law.
Sec.
4.
Section
558.69,
Code
2022,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
8A.
a.
If
there
are
no
conditions
present,
as
described
in
subsection
1,
then
a
groundwater
hazard
statement
shall
not
be
submitted.
In
lieu
of
the
submission
of
a
groundwater
hazard
statement,
any
deed,
instrument,
or
writing
by
which
any
real
property
in
this
state
shall
be
granted,
assigned,
transferred,
or
otherwise
conveyed
shall
include
on
the
first
page
of
the
deed,
instrument,
or
writing
the
following
statement:
There
is
no
known
private
burial
site,
well,
solid
waste
disposal
site,
underground
storage
tank,
hazardous
waste,
or
private
sewage
disposal
system
on
the
property
as
described
in
Iowa
Code
section
558.69,
and
therefore
the
transaction
is
exempt
from
the
requirement
to
submit
a
groundwater
hazard
statement.
b.
The
owner
of
the
property
is
responsible
for
the
accuracy
of
the
statement
provided
in
paragraph
“a”
.
c.
The
owner’s
agent
and
the
preparer
of
a
statement
included
pursuant
to
paragraph
“a”
shall
not
be
liable
for
information
pertaining
to
the
statement
unless
the
owner’s
agent
or
the
preparer
has
direct
knowledge
contrary
to
the
included
statement.
NEW
SUBSECTION
.
8B.
a.
If
a
required
declaration
of
value
is
not
accompanied
by
a
groundwater
hazard
statement,
if
required
under
this
section,
or
if
the
first
page
of
the
deed,
instrument,
or
writing
by
which
any
real
property
in
this
state
shall
be
granted,
assigned,
transferred,
or
otherwise
conveyed
does
not
include
the
statement
provided
in
subsection
House
File
2343,
p.
3
8A,
paragraph
“a”
,
if
required
under
this
section,
the
county
recorder
shall
refuse
to
record
the
deed,
instrument,
or
writing.
b.
A
recording
in
violation
of
this
subsection
shall
not
be
the
basis
for
invalidating
the
deed,
instrument,
or
writing.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2343,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor
