Bill Text: IA HF2494 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to underground storage tanks, including by creating the Iowa tanks fund and Iowa tanks fund financing program, repealing the Iowa comprehensive petroleum underground storage tank fund, and eliminating the Iowa comprehensive petroleum underground storage tank fund board, and including effective date and transition provisions. (Formerly HSB 606; See HF 2622.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-03-10 - Committee report, recommending amendment and passage. H.J. 567. [HF2494 Detail]
Download: Iowa-2019-HF2494-Introduced.html
House
File
2494
-
Introduced
HOUSE
FILE
2494
BY
COMMITTEE
ON
ENVIRONMENTAL
PROTECTION
(SUCCESSOR
TO
HSB
606)
A
BILL
FOR
An
Act
relating
to
underground
storage
tanks,
including
by
1
creating
the
Iowa
tanks
fund
and
Iowa
tanks
fund
financing
2
program,
repealing
the
Iowa
comprehensive
petroleum
3
underground
storage
tank
fund,
and
eliminating
the
Iowa
4
comprehensive
petroleum
underground
storage
tank
fund
board,
5
and
including
effective
date
and
transition
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
TLSB
5194HV
(2)
88
js/ns
H.F.
2494
DIVISION
I
1
IOWA
TANKS
FUND
2
Section
1.
Section
455B.471,
subsection
1,
Code
2020,
is
3
amended
by
striking
the
subsection.
4
Sec.
2.
Section
455B.471,
Code
2020,
is
amended
by
adding
5
the
following
new
subsections:
6
NEW
SUBSECTION
.
1A.
“Claimant”
means
an
owner
or
operator
7
who
has
received
assistance
under
the
Iowa
tanks
fund
or
its
8
predecessor,
the
Iowa
comprehensive
petroleum
underground
9
storage
tank
fund
created
in
section
455G.3,
Code
2019.
10
NEW
SUBSECTION
.
1B.
“Community
remediation”
means
a
11
curriculum
of
coordinated
testing,
planning,
or
remediation
12
involving
two
or
more
tank
sites
potentially
connected
with
a
13
continuous
contaminated
area,
pursuant
to
rules
adopted
by
the
14
commission
under
section
455B.474.
A
community
remediation
15
does
not
expand
the
scope
of
coverage
otherwise
available
or
16
relieve
liability
otherwise
imposed
under
state
or
federal
law.
17
NEW
SUBSECTION
.
2A.
“Costs”
means
all
costs,
charges,
18
expenses,
or
other
indebtedness
incurred
by
a
claimant
that
19
are
determined
by
the
department
to
be
reasonable
for
carrying
20
out
all
works
and
undertakings
necessary
or
incidental
to
the
21
accomplishment
of
any
project.
“Costs”
includes
reasonable
22
attorney
fees
and
costs
of
litigation
for
which
moneys
are
23
expended
from
the
fund
in
connection
with
a
release.
24
NEW
SUBSECTION
.
3A.
“Insurance”
means
any
form
of
financial
25
assistance
or
showing
of
financial
responsibility
sufficient
26
to
comply
with
the
federal
Resource
Conservation
and
Recovery
27
Act,
42
U.S.C.
§6901
et
seq.,
or
the
department’s
underground
28
storage
tank
financial
responsibility
rules.
29
NEW
SUBSECTION
.
7A.
“Potentially
responsible
party”
means
30
a
person
who
may
be
responsible
or
liable
for
a
release
for
31
which
payments
from
the
fund
were
made
for
corrective
action
or
32
third-party
liability.
33
NEW
SUBSECTION
.
7B.
“Program”
means
the
Iowa
tanks
fund
34
financing
program
created
pursuant
to
section
455B.472A.
35
-1-
LSB
5194HV
(2)
88
js/ns
1/
16
H.F.
2494
NEW
SUBSECTION
.
10A.
“Third-party
liability”
means
any
of
1
the
following:
2
a.
Property
damage
including
physical
injury
to
tangible
3
property,
but
not
including
loss
of
use.
Property
damage
does
4
not
include
costs
to
remediate.
5
b.
Bodily
injury
including
sickness,
physical
injury,
or
6
death.
7
Sec.
3.
Section
455B.471,
subsection
3,
Code
2020,
is
8
amended
to
read
as
follows:
9
3.
“Fund”
means
the
Iowa
comprehensive
petroleum
underground
10
storage
tank
tanks
fund
created
in
section
455B.472A
.
11
Sec.
4.
Section
455B.472,
Code
2020,
is
amended
to
read
as
12
follows:
13
455B.472
Declaration
of
policy.
14
The
general
assembly
finds
that
the
release
of
regulated
15
substances
from
underground
storage
tanks
constitutes
a
16
threat
to
the
public
health
and
safety
and
to
the
natural
17
resources
of
the
state,
and
that
existing
regulatory
programs
18
of
the
department
and
other
agencies
do
not
adequately
or
19
appropriately
address
this
substantial
public
concern.
20
Additionally,
the
general
assembly
recognizes
that
because
the
21
appropriation
of
moneys
to
the
Iowa
comprehensive
petroleum
22
underground
storage
tank
fund
created
in
section
455G.3,
Code
23
2019,
ended
on
December
31,
2016,
it
is
in
the
public
interest
24
to
expeditiously
use
any
remaining
moneys
from
the
Iowa
25
comprehensive
petroleum
underground
storage
tank
fund
to
assist
26
as
many
owners
as
possible
with
financing
all
or
part
of
the
27
costs
of
corrective
action
for
petroleum
releases
from
leaking
28
underground
storage
tanks
through
the
establishment
of
the
Iowa
29
tanks
fund
financing
program.
The
financing
program
shall
last
30
as
long
as
moneys
remain
available,
and
the
general
assembly
31
recognizes
that
moneys
available
for
the
financing
program
will
32
eventually
be
depleted.
33
Sec.
5.
NEW
SECTION
.
455B.472A
Iowa
tanks
fund
financing
34
program
——
fund
created.
35
-2-
LSB
5194HV
(2)
88
js/ns
2/
16
H.F.
2494
1.
The
department
shall
establish
and
administer
an
Iowa
1
tanks
fund
financing
program
for
the
purpose
of
reimbursing
2
eligible
claimants
for
all
or
part
of
the
costs
of
corrective
3
action
for
petroleum
releases
previously
eligible
for
payment
4
from
the
Iowa
comprehensive
petroleum
underground
storage
tank
5
fund
pursuant
to
chapter
455G,
Code
2019.
6
2.
The
department
shall
distribute
financial
assistance,
up
7
to
one
million
dollars
total,
for
work
conducted
by
eligible
8
entities
that
comply
with
the
requirements
of
the
program.
The
9
department
shall
determine
if
work
completed
is
eligible
for
10
reimbursement
under
the
program.
11
3.
The
department
may
enter
into
and
provide
any
agreements,
12
documents,
instruments,
certificates,
data,
or
information
13
necessary
in
connection
with
the
operation,
administration,
and
14
financing
of
the
program
consistent
with
this
part,
the
federal
15
Resource
Conservation
and
Recovery
Act,
42
U.S.C.
§6901
et
16
seq.,
the
rules
of
the
commission,
and
other
applicable
federal
17
and
state
law.
18
4.
The
department
may
act
to
conform
the
program
to
the
19
applicable
guidance
and
regulations
adopted
by
the
United
20
States
environmental
protection
agency.
21
5.
The
Iowa
tanks
fund
is
created
in
the
state
treasury
22
under
the
control
of
the
department.
The
fund
shall
consist
23
of
moneys
appropriated
or
transferred
to
the
fund,
interest
24
attributable
to
moneys
in
the
fund,
moneys
in
the
form
of
25
a
devise,
gift,
bequest,
donation,
federal
or
other
grant,
26
reimbursement,
repayment,
judgment,
or
payment
from
any
source
27
intended
to
be
used
for
the
purposes
of
the
fund,
all
receipts
28
by
the
fund,
and
any
other
moneys
credited
to
the
fund
from
any
29
public
or
private
source.
Notwithstanding
section
8.33,
any
30
moneys
in
the
fund
shall
not
revert
to
the
general
fund
of
the
31
state.
Notwithstanding
section
12C.7,
subsection
2,
interest
32
or
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
33
fund.
34
6.
The
department
shall
administer
the
fund
to
carry
out
35
-3-
LSB
5194HV
(2)
88
js/ns
3/
16
H.F.
2494
the
purposes
of
the
program
and
shall
manage
the
revenue,
1
administration,
restrictions,
and
disposition
of
the
fund.
2
7.
Moneys
in
the
fund
shall
be
used
to
reimburse
tank
owners
3
for
all
or
part
of
the
costs
of
a
corrective
action
for
a
4
petroleum
release
and
for
permanent
closure
of
an
underground
5
storage
tank
system
under
the
program,
for
additional
6
assessment
and
corrective
action
arising
out
of
releases
at
7
sites
for
which
a
certificate
of
no
further
action
has
been
8
issued,
for
tank
operator
training,
and
for
administrative
9
costs
of
the
department
associated
with
the
program.
10
8.
a.
For
the
fiscal
year
beginning
July
1,
2021,
and
for
11
each
fiscal
year
thereafter
through
the
fiscal
year
beginning
12
July
1,
2026,
two
hundred
fifty
thousand
dollars
per
year
of
13
the
moneys
in
the
fund
are
appropriated
to
the
department
of
14
agriculture
and
land
stewardship
for
the
sole
and
exclusive
15
purpose
of
inspecting
fuel
quality
at
pipeline
terminals
and
16
renewable
fuel
production
facilities,
including
associated
17
salaries,
support,
maintenance,
and
miscellaneous
purposes.
18
b.
Notwithstanding
section
8.33,
moneys
appropriated
in
this
19
subsection
that
remain
unencumbered
or
unobligated
at
the
close
20
of
a
fiscal
year
shall
not
revert
but
shall
remain
available
21
for
expenditure
for
the
purposes
designated
until
the
close
of
22
the
succeeding
fiscal
year.
23
9.
Moneys
in
the
fund
are
not
considered
part
of
the
general
24
fund
of
the
state
and
are
not
subject
to
appropriation
for
any
25
other
purpose
by
the
general
assembly.
The
fund
is
a
separate
26
dedicated
fund
under
the
administration
and
control
of
the
27
department.
28
10.
Payments
for
reimbursement
or
other
costs
relating
to
29
any
claim
or
cause
of
action
in
connection
with
a
tank
not
30
owned
or
operated
by
the
state
or
an
agency
of
the
state
shall
31
be
made
solely
from
the
fund
and
no
liability
is
otherwise
32
imposed
upon
the
state.
Moneys
from
the
fund
are
limited
33
to
the
extent
of
coverage
provided
by
the
applicable
account
34
within
the
fund
under
which
a
claim
is
submitted,
subject
35
-4-
LSB
5194HV
(2)
88
js/ns
4/
16
H.F.
2494
to
the
terms
and
conditions
of
that
coverage.
A
court,
an
1
administrative
law
judge,
the
department,
or
the
commission
2
shall
not
order
or
approve
a
remedy
that
would
require
the
3
fund
to
exceed
the
fund’s
then
current
funding
limitations
to
4
satisfy
an
award
or
that
would
restrict
the
availability
of
5
moneys
for
higher
priority
sites.
The
state
is
not
otherwise
6
liable
for
a
claim
related
to
the
fund
and
moneys
from
the
7
general
fund
shall
not
be
used
to
pay
for
reimbursement
8
or
other
costs
relating
to
any
claim
or
cause
of
action
in
9
connection
with
a
tank
not
owned
or
operated
by
the
state
or
an
10
agency
of
the
state.
11
Sec.
6.
NEW
SECTION
.
455B.472B
Cost
recovery
enforcement.
12
1.
Full
recovery
sought
by
department.
The
department
13
may
seek
full
recovery
from
an
owner,
operator,
or
other
14
potentially
responsible
party
liable
for
a
release
that
is
the
15
subject
of
a
corrective
action
for
which
moneys
from
the
fund
16
are
expended,
or
for
which
moneys
from
the
Iowa
comprehensive
17
petroleum
underground
storage
tank
fund
created
in
section
18
455G.3,
Code
2019,
were
expended,
including
for
third-party
19
liability
and
for
all
other
costs.
If
federal
cleanup
moneys
20
are
recovered,
the
federal
cleanup
moneys
shall
be
used
solely
21
for
the
purpose
of
future
cleanup
activities.
22
2.
Limitation
of
liability
of
owner
or
operator.
Except
23
as
provided
in
subsection
3,
the
department
shall
not
seek
24
recovery
for
expenses
in
connection
with
corrective
action
for
25
a
release
from
an
owner
or
operator
eligible
for
assistance
26
under
the
program,
except
for
any
unpaid
portion
of
the
27
deductible
or
copayment.
This
section
does
not
affect
any
28
authorization
of
the
department
to
impose
or
collect
civil
or
29
administrative
fines,
penalties,
or
fees.
Moneys
from
the
fund
30
shall
not
be
used
to
pay
for
any
third-party
liability.
31
3.
Owner
or
operator
not
in
compliance.
Notwithstanding
32
subsection
2,
the
liability
of
an
owner
or
operator
shall
be
33
the
full
and
total
costs
of
corrective
action
and
bodily
injury
34
or
property
damage
to
third
parties,
as
specified
in
subsection
35
-5-
LSB
5194HV
(2)
88
js/ns
5/
16
H.F.
2494
1,
if
the
owner
or
operator
has
not
complied
with
the
financial
1
responsibility
or
other
underground
storage
tank
rules
of
the
2
department
or
with
this
part
or
rules
adopted
under
this
part.
3
4.
Lien
on
tank
site.
Any
amount
for
which
an
owner
or
4
operator
is
required
to
pay
to
the
fund
by
statute,
rule,
5
contract,
or
determination
of
liability
by
the
department
after
6
hearing,
if
not
paid
when
due,
shall
constitute
a
lien
upon
the
7
real
property
where
the
tank
that
was
the
subject
of
corrective
8
action
is
located,
and
the
payment
shall
be
collected
in
the
9
same
manner
as
the
environmental
protection
charge
pursuant
to
10
section
424.11,
Code
2016.
11
5.
Joinder
of
parties.
The
department
has
standing
in
12
any
case
or
contested
action
related
to
the
fund
or
a
tank
13
to
assert
any
claim
that
the
department
may
have
regarding
14
the
tank
at
issue
in
the
case
or
contested
action.
Upon
15
motion
and
sufficient
showing
by
a
party
to
a
cost
recovery
or
16
subrogation
action
provided
for
under
this
section,
the
court
17
or
the
administrative
law
judge
shall
join
to
the
action
any
18
potentially
responsible
party
who
may
be
liable
for
costs
and
19
expenditures
of
the
type
recoverable
pursuant
to
this
section.
20
6.
Third-party
contracts.
An
insurance,
indemnification,
21
hold-harmless,
conveyance,
or
similar
risk-sharing
or
22
risk-shifting
agreement
shall
not
be
effective
to
transfer
23
any
liability
for
costs
recoverable
under
this
section.
The
24
department
may
proceed
directly
against
the
owner,
operator,
or
25
other
potentially
responsible
party.
This
section
does
not
bar
26
any
agreement
to
insure,
hold
harmless,
or
indemnify
a
party
to
27
the
agreement
for
any
costs
or
expenditures
under
this
part,
28
and
does
not
modify
rights
between
the
parties
to
an
agreement,
29
except
to
the
extent
the
agreement
shifts
liability
to
an
owner
30
or
operator
eligible
for
assistance
under
the
program
for
any
31
damages
or
other
costs
in
connection
with
a
corrective
action
32
for
which
another
potentially
responsible
party
is
or
may
be
33
liable.
Any
such
provision
is
void
and
of
no
further
force
and
34
effect.
35
-6-
LSB
5194HV
(2)
88
js/ns
6/
16
H.F.
2494
7.
Later
proceedings
permitted
against
other
parties.
The
1
entry
of
judgment
against
a
party
to
the
action
does
not
2
bar
a
future
action
by
the
department
against
another
person
3
who
is
later
alleged
to
be
or
discovered
to
be
liable
for
4
costs
and
expenditures
paid
from
the
fund.
Notwithstanding
5
section
668.5,
a
potentially
responsible
party
shall
not
seek
6
contribution
or
any
other
recovery
from
an
owner
or
operator
7
eligible
for
assistance
under
the
program
for
damages
or
other
8
costs
in
connection
with
corrective
action
for
a
release
for
9
which
the
potentially
responsible
party
is
or
may
be
liable.
10
Subsequent
successful
proceedings
against
another
party
shall
11
not
modify
or
reduce
the
liability
of
a
party
against
whom
12
judgment
has
been
previously
entered.
13
8.
Claims
against
potentially
responsible
parties.
14
a.
Upon
payment
from
the
fund
for
corrective
action
or
15
third-party
liability
pursuant
to
this
part,
the
rights
of
the
16
claimant
to
recover
payment
from
any
potentially
responsible
17
party
are
assumed
by
the
department
to
the
extent
paid
from
the
18
fund.
A
claimant
shall
not
receive
double
compensation
for
the
19
same
injury.
20
b.
In
an
action
brought
pursuant
to
this
part
seeking
21
damages
for
corrective
action
or
third-party
liability,
the
22
court
shall
allow
evidence
and
argument
as
to
the
replacement
23
or
indemnification
of
actual
economic
losses
incurred
or
to
be
24
incurred
in
the
future
by
the
claimant
by
reason
of
insurance
25
benefits,
governmental
benefits
or
programs,
or
other
sources.
26
c.
A
claimant
may
elect
to
authorize
the
department
27
to
pursue
the
claimant’s
cause
of
action
for
any
injury
28
not
compensated
from
the
fund
against
any
potentially
29
responsible
party,
provided
the
attorney
general
determines
30
such
representation
would
not
be
a
conflict
of
interest.
If
31
a
claimant
so
elects,
the
department’s
litigation
expenses
32
shall
be
shared
on
a
pro
rata
basis
with
the
claimant,
but
the
33
claimant’s
share
of
litigation
expenses
is
payable
exclusively
34
from
any
share
of
the
settlement
or
judgment
payable
to
the
35
-7-
LSB
5194HV
(2)
88
js/ns
7/
16
H.F.
2494
claimant.
1
9.
Exclusion
of
punitive
damages.
Moneys
from
the
fund
2
shall
not
be
used
to
pay
punitive
damages.
3
Sec.
7.
NEW
SECTION
.
455B.472C
Discretionary
rulemaking.
4
1.
The
commission
may
adopt
rules
pursuant
to
chapter
5
17A
conditioning
receipt
of
moneys
from
the
fund
to
those
6
petroleum-contaminated
properties
that
present
a
higher
degree
7
of
risk
to
the
public
health
and
safety
or
the
environment
and
8
providing
for
denial
of
moneys
from
the
fund
to
a
person
who
9
did
not
make
a
good-faith
attempt
to
comply
with
this
part.
10
This
subsection
does
not
confer
a
legal
right
to
an
owner
of
a
11
petroleum-contaminated
property,
or
an
owner
or
operator
of
an
12
underground
storage
tank
located
on
the
property,
for
receipt
13
of
moneys
under
this
part.
14
2.
The
commission
may
adopt
rules
pursuant
to
chapter
15
17A
providing
for
the
transfer
of
all
or
a
portion
of
the
16
liabilities
relating
to
the
fund.
Notwithstanding
any
other
17
provision
to
the
contrary,
the
department,
upon
such
transfer,
18
shall
not
maintain
any
duty
to
reimburse
claimants
for
those
19
liabilities
transferred.
20
Sec.
8.
Section
455B.474,
subsection
1,
paragraph
a,
21
subparagraph
(6),
subparagraph
divisions
(g),
(i),
and
(j),
22
Code
2020,
are
amended
to
read
as
follows:
23
(g)
An
owner
or
operator
may
elect
to
proceed
with
24
additional
corrective
action
on
the
site.
However,
any
25
action
taken
in
addition
to
that
required
pursuant
to
this
26
subparagraph
(6),
shall
be
solely
at
the
expense
of
the
owner
27
or
operator
and
shall
not
be
considered
corrective
action
28
for
purposes
of
section
455G.9
455B.472A
,
unless
otherwise
29
previously
agreed
to
by
the
board
department
and
the
owner
or
30
operator
pursuant
to
section
455G.9,
subsection
7
455B.472A
.
31
Corrective
action
taken
by
an
owner
or
operator
due
to
the
32
department’s
failure
to
meet
the
time
requirements
provided
in
33
subparagraph
division
(e)
shall
be
considered
corrective
action
34
for
purposes
of
section
455G.9
455B.472A
.
35
-8-
LSB
5194HV
(2)
88
js/ns
8/
16
H.F.
2494
(i)
Replacement
or
upgrade
of
a
tank
on
a
site
classified
1
as
a
high
or
low
risk
site
shall
be
equipped
with
a
secondary
2
containment
system
with
monitoring
of
the
space
between
the
3
primary
and
secondary
containment
structures
or
other
board
4
approved
tank
system
or
methodology
approved
by
the
department
.
5
(j)
The
commission
and
the
board
department
shall
cooperate
6
to
ensure
that
remedial
measures
required
by
the
corrective
7
action
rules
adopted
pursuant
to
this
subparagraph
(6)
are
8
reasonably
cost-effective
and
shall,
to
the
fullest
extent
9
possible,
avoid
duplicating
and
conflicting
requirements.
10
Sec.
9.
Section
455B.474,
subsection
2,
unnumbered
11
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
12
The
maintenance
of
evidence
of
financial
responsibility
as
13
the
director
determines
to
be
feasible
and
necessary
for
taking
14
corrective
action
and
for
compensating
third
parties
for
bodily
15
injury
and
property
damage
caused
by
release
of
a
regulated
16
substance
from
an
underground
storage
a
tank.
17
Sec.
10.
Section
455B.474,
subsection
9,
paragraph
d,
Code
18
2020,
is
amended
to
read
as
follows:
19
d.
The
certification
of
groundwater
professionals
shall
not
20
impose
liability
on
the
board,
the
department
,
or
the
fund
for
21
any
claim
or
cause
of
action
of
any
nature,
based
on
the
action
22
or
inaction
of
a
groundwater
professional
certified
pursuant
23
to
this
subsection
.
24
Sec.
11.
Section
455B.474,
Code
2020,
is
amended
by
adding
25
the
following
new
subsection:
26
NEW
SUBSECTION
.
11.
Department
practices
and
procedures
27
for
implementing
and
administering
the
Iowa
tanks
fund
28
financing
program.
The
rules
shall
include
but
are
not
limited
29
to
requirements
for
program
eligibility,
investigating
and
30
settling
claims
made
against
the
fund,
appeal
procedures,
31
community
remediation,
prioritization
of
fund
moneys,
32
funding
for
tank
operator
training,
additional
assessment
33
and
corrective
action
arising
out
of
releases
at
sites
for
34
which
a
certificate
of
no
further
action
has
been
issued,
and
35
-9-
LSB
5194HV
(2)
88
js/ns
9/
16
H.F.
2494
reimbursement
for
the
permanent
closure
of
an
underground
1
storage
tank
system.
2
Sec.
12.
Section
455B.477,
subsection
7,
Code
2020,
is
3
amended
to
read
as
follows:
4
7.
The
civil
penalties
or
other
damages
or
moneys
recovered
5
by
the
state
or
the
petroleum
underground
storage
tank
fund
6
in
connection
with
a
petroleum
underground
storage
tank
under
7
this
part
of
this
division
or
chapter
455G
shall
be
credited
8
to
the
fund
created
in
section
455G.3
and
allocated
between
9
fund
accounts
according
to
the
fund
budget.
Any
federal
10
moneys,
including
but
not
limited
to
federal
underground
11
storage
tank
trust
fund
moneys,
received
by
the
state
or
the
12
department
of
natural
resources
in
connection
with
a
release
13
occurring
on
or
after
May
5,
1989,
or
received
generally
for
14
underground
storage
tank
programs
on
or
after
May
5,
1989,
15
shall
be
credited
to
the
fund
created
in
section
455G.3
and
16
allocated
between
fund
accounts
according
to
the
fund
budget
17
455B.472A
,
unless
such
use
would
be
contrary
to
federal
law.
18
The
department
shall
cooperate
with
the
board
of
the
Iowa
19
comprehensive
petroleum
underground
storage
tank
fund
to
20
maximize
the
state’s
eligibility
for
and
receipt
of
federal
21
funds
for
underground
storage
tank
related
purposes.
22
Sec.
13.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
23
effect
July
1,
2021.
24
DIVISION
II
25
CONFORMING
CHANGES
26
Sec.
14.
Section
68B.35,
subsection
2,
paragraph
e,
Code
27
2020,
is
amended
to
read
as
follows:
28
e.
Members
of
the
state
banking
council,
the
Iowa
ethics
29
and
campaign
disclosure
board,
the
credit
union
review
board,
30
the
economic
development
authority,
the
employment
appeal
31
board,
the
environmental
protection
commission,
the
health
32
facilities
council,
the
Iowa
finance
authority,
the
Iowa
public
33
employees’
retirement
system
investment
board,
the
board
of
34
the
Iowa
lottery
authority,
the
natural
resource
commission,
35
-10-
LSB
5194HV
(2)
88
js/ns
10/
16
H.F.
2494
the
board
of
parole,
the
petroleum
underground
storage
tank
1
fund
board,
the
public
employment
relations
board,
the
state
2
racing
and
gaming
commission,
the
state
board
of
regents,
the
3
transportation
commission,
the
office
of
consumer
advocate,
the
4
utilities
board,
the
Iowa
telecommunications
and
technology
5
commission,
and
any
full-time
members
of
other
boards
and
6
commissions
as
defined
under
section
7E.4
who
receive
an
annual
7
salary
for
their
service
on
the
board
or
commission.
The
Iowa
8
ethics
and
campaign
disclosure
board
shall
conduct
an
annual
9
review
to
determine
if
members
of
any
other
board,
commission,
10
or
authority
should
file
a
statement
and
shall
require
the
11
filing
of
a
statement
pursuant
to
rules
adopted
pursuant
to
12
chapter
17A
.
13
Sec.
15.
Section
159A.11,
subsection
10,
Code
2020,
is
14
amended
by
striking
the
subsection.
15
Sec.
16.
Section
159A.13,
subsection
6,
Code
2020,
is
16
amended
by
striking
the
subsection.
17
Sec.
17.
Section
159A.14,
subsection
2,
Code
2020,
is
18
amended
to
read
as
follows:
19
2.
A
person
may
apply
to
the
department
to
receive
financial
20
incentives
on
a
cost-share
basis.
The
department
shall
forward
21
the
applications
to
the
underground
storage
tank
fund
board
as
22
required
by
that
board
for
evaluation
and
recommendation.
The
23
underground
storage
tank
fund
board
may
rank
the
applications
24
with
comments
and
shall
forward
them
to
the
infrastructure
25
board
for
approval
or
disapproval.
The
department
shall
award
26
financial
incentives
on
a
cost-share
basis
to
an
eligible
27
person
whose
application
was
approved
by
the
infrastructure
28
board.
29
Sec.
18.
Section
159A.15,
subsection
1,
Code
2020,
is
30
amended
to
read
as
follows:
31
1.
A
person
may
apply
to
the
department
to
receive
financial
32
incentives
on
a
cost-share
basis.
The
department
shall
forward
33
the
applications
to
the
underground
storage
tank
fund
board
as
34
required
by
that
board
for
evaluation
and
recommendation.
The
35
-11-
LSB
5194HV
(2)
88
js/ns
11/
16
H.F.
2494
underground
storage
tank
fund
board
may
rank
the
applications
1
with
comments
and
shall
forward
them
to
the
infrastructure
2
board
for
approval
or
disapproval.
The
department
shall
award
3
financial
incentives
on
a
cost-share
basis
to
an
eligible
4
person
whose
application
was
approved
by
the
infrastructure
5
board.
6
Sec.
19.
Section
323.1,
subsection
16,
Code
2020,
is
amended
7
to
read
as
follows:
8
16.
“Storage
tank”
means
a
motor
fuel
storage
tank
as
9
defined
in
section
214.1
,
including
an
underground
storage
tank
10
subject
to
regulation
under
chapter
455G
455B,
division
IV,
11
part
8,
or
section
455G.31
.
12
Sec.
20.
Section
422.7,
subsection
2,
paragraph
u,
Code
13
2020,
is
amended
by
striking
the
paragraph.
14
Sec.
21.
Section
455B.174,
subsection
4,
paragraph
d,
Code
15
2020,
is
amended
to
read
as
follows:
16
d.
If
a
public
water
supply
has
a
groundwater
source
17
that
contains
petroleum,
a
fraction
of
crude
oil,
or
their
18
degradation
products,
or
is
located
in
an
area
deemed
by
the
19
department
as
likely
to
be
contaminated
by
such
materials,
and
20
after
consultation
with
the
public
water
supply
system
and
21
consideration
of
all
applicable
rules
relating
to
remediation,
22
the
department
may
require
the
public
water
supply
system
to
23
replace
that
groundwater
source
in
order
to
receive
a
permit
24
to
operate.
The
requirement
to
replace
the
source
shall
only
25
be
made
by
the
department
if
the
public
water
supply
system
26
is
fully
compensated
for
any
additional
design,
construction,
27
operation,
and
monitoring
costs
from
the
Iowa
comprehensive
28
petroleum
underground
storage
tank
fund
created
by
chapter
29
455G
or
from
any
other
funds
that
do
not
impose
a
financial
30
obligation
on
the
part
of
the
public
water
supply
system.
31
Funds
available
to
or
provided
by
the
public
water
supply
32
system
may
be
used
for
system
improvements
made
in
conjunction
33
with
replacement
of
the
source.
The
department
cannot
require
34
a
public
water
supply
system
to
replace
its
water
source
with
a
35
-12-
LSB
5194HV
(2)
88
js/ns
12/
16
H.F.
2494
less
reliable
water
source
or
with
a
source
that
does
not
meet
1
federal
primary,
secondary,
or
other
health-based
standards
2
unless
treatment
is
provided
to
ensure
that
the
drinking
water
3
meets
these
standards.
Nothing
in
this
paragraph
shall
affect
4
the
public
water
supply
system’s
right
to
pursue
recovery
from
5
a
responsible
party.
6
Sec.
22.
Section
455E.11,
subsection
2,
paragraph
d,
7
subparagraph
(3),
Code
2020,
is
amended
by
striking
the
8
subparagraph.
9
Sec.
23.
Section
455I.2,
subsection
5,
paragraph
a,
Code
10
2020,
is
amended
to
read
as
follows:
11
a.
A
federal
or
state
program
that
is
subject
to
the
12
jurisdiction
of
an
agency,
including
but
not
limited
to
13
programs
established
by
chapters
chapter
455B
and
455G
,
14
corrective
or
response
actions
pursuant
to
42
U.S.C.
§6901
et
15
seq.,
and
remedial
actions
under
42
U.S.C.
§9601
et
seq.
16
Sec.
24.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
17
effect
July
1,
2021.
18
DIVISION
III
19
REPEAL
AND
TRANSITION
20
Sec.
25.
NEW
SECTION
.
427B.23
Future
repeal.
21
This
subchapter
is
repealed
July
1,
2021.
All
credits
22
existing
upon
repeal
of
this
subchapter
shall
continue
until
23
their
expiration.
24
Sec.
26.
NEW
SECTION
.
455G.22A
Claims
not
eligible.
25
A
claim
for
a
release
filed
on
or
after
January
1,
2021,
26
shall
not
be
eligible
for
payment
from
the
fund.
27
Sec.
27.
NEW
SECTION
.
455G.22B
Future
repeal.
28
This
subchapter
is
repealed
July
1,
2021.
29
Sec.
28.
TRANSITION
PROVISIONS.
30
1.
Upon
repeal
of
chapter
455G,
subchapter
1,
and
the
31
creation
of
the
Iowa
tanks
fund
pursuant
to
section
455B.472A,
32
as
enacted
in
this
Act,
all
moneys
in
all
funds
administered
by
33
the
Iowa
comprehensive
petroleum
underground
storage
tank
fund
34
board
are
transferred
to
the
department
of
natural
resources
35
-13-
LSB
5194HV
(2)
88
js/ns
13/
16
H.F.
2494
for
deposit
in
the
Iowa
tanks
fund.
Any
moneys
credited
to
1
any
fund
administered
by
the
Iowa
comprehensive
petroleum
2
underground
storage
tank
fund
board
on
and
after
July
1,
2021,
3
are
transferred
to
the
department
for
deposit
in
the
Iowa
tanks
4
fund.
5
2.
Any
rule,
regulation,
form,
order,
or
directive
6
promulgated
by
the
Iowa
comprehensive
petroleum
underground
7
storage
tank
fund
board
as
required
to
administer
and
enforce
8
the
provisions
relating
to
the
Iowa
comprehensive
petroleum
9
underground
storage
tank
fund
shall
continue
in
full
force
10
and
effect
under
the
jurisdiction
of
the
department
of
11
natural
resources
until
amended,
repealed,
or
supplemented
by
12
affirmative
action
of
the
department.
13
3.
The
Iowa
comprehensive
petroleum
underground
storage
14
tank
fund
board
shall
administratively
close
or
terminate
15
any
remaining
liabilities,
contracts,
outstanding
claims,
16
payments,
or
other
obligations
for
open
comprehensive
petroleum
17
underground
storage
tank
fund
claims
existing
on
or
before
June
18
30,
2021.
19
4.
The
department
of
natural
resources
may
begin
20
implementation
of
this
Act
prior
to
July
1,
2021,
to
the
21
extent
necessary
to
transition
to
full
implementation
of
the
22
provisions
relating
to
the
Iowa
tanks
fund
and
repeal
of
the
23
Iowa
comprehensive
petroleum
underground
storage
tank
fund.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
Currently,
the
Iowa
comprehensive
petroleum
underground
28
storage
tank
fund
exists
under
the
control
of
the
Iowa
29
comprehensive
petroleum
underground
storage
tank
fund
board.
30
The
Iowa
comprehensive
petroleum
underground
storage
tank
fund
31
contains
an
account
with
moneys
available
to
fund
corrective
32
action
for
petroleum
releases.
The
Iowa
comprehensive
33
petroleum
underground
storage
tank
fund
also
contains
a
loan
34
guarantee
account
and
a
marketability
fund.
35
-14-
LSB
5194HV
(2)
88
js/ns
14/
16
H.F.
2494
This
bill
repeals
the
Iowa
comprehensive
petroleum
1
underground
storage
tank
fund
and
eliminates
the
Iowa
2
comprehensive
petroleum
underground
storage
tank
fund
board
3
on
July
1,
2021.
The
bill
requires
the
department
of
natural
4
resources
(department)
to
establish
and
administer
the
Iowa
5
tanks
fund
financing
program
to
distribute
financial
assistance
6
for
work
conducted
by
eligible
entities.
The
bill
creates
the
7
Iowa
tanks
fund
within
the
state
treasury
under
the
control
8
of
the
department
and
requires
the
department
to
administer
9
the
fund.
The
bill
appropriates
$250,000
per
year
from
the
10
fund
to
the
department
of
agriculture
and
land
stewardship
for
11
the
fiscal
year
beginning
July
1,
2021,
and
each
fiscal
year
12
thereafter
through
the
fiscal
year
beginning
July
1,
2026,
to
13
inspect
fuel
quality
at
terminals
and
facilities.
The
program
14
allows
a
claimant
who
has
previously
received
assistance
15
under
the
Iowa
tanks
fund
or
the
Iowa
comprehensive
petroleum
16
underground
storage
tank
fund
to
receive
reimbursement
from
17
the
Iowa
tanks
fund
for
all
or
part
of
the
costs
of
corrective
18
action
for
a
petroleum
release.
The
bill
allows
for
cost
19
recovery
efforts
from
potentially
responsible
parties
when
20
moneys
from
the
Iowa
tanks
fund
are
used
during
the
cleanup
21
of
contamination
at
a
tank
site.
The
bill
directs
the
22
environmental
protection
commission
to
adopt
rules
for
program
23
eligibility,
investigating
and
settling
claims
made
against
the
24
fund,
appeal
procedures,
community
remediation,
prioritization
25
of
fund
moneys,
funding
for
tank
operator
training,
additional
26
assessment
and
corrective
action
arising
out
of
a
release
at
a
27
site
for
which
a
no
further
action
certificate
has
been
issued,
28
and
reimbursement
for
the
permanent
closure
of
an
underground
29
storage
tank
system.
The
bill
provides
that
claims
for
30
releases
filed
on
or
after
January
1,
2021,
are
not
eligible
31
for
payment
from
the
Iowa
comprehensive
petroleum
underground
32
storage
tank
fund.
33
The
bill
includes
transition
provisions
retaining
the
34
effectiveness
of
rules,
regulations,
forms,
orders,
or
35
-15-
LSB
5194HV
(2)
88
js/ns
15/
16
H.F.
2494
directives
promulgated
by
the
Iowa
comprehensive
petroleum
1
underground
storage
tank
fund
board
until
amended,
repealed,
2
or
supplemented
by
affirmative
action
of
the
department.
Any
3
moneys
credited
to
the
Iowa
comprehensive
petroleum
underground
4
storage
tank
fund
on
and
after
July
1,
2021,
are
transferred
to
5
the
department
for
deposit
in
the
Iowa
tanks
fund.
6
The
divisions
of
the
bill
establishing
the
Iowa
tanks
fund
7
and
making
conforming
Code
changes
take
effect
July
1,
2021.
8
-16-
LSB
5194HV
(2)
88
js/ns
16/
16
