Bill Text: IA HF652 | 2015-2016 | 86th General Assembly | Enrolled
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-Enrolled.html
House File 652 - Enrolled
HOUSE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO HF 537)
(SUCCESSOR TO HSB 170)
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A BILL FOR
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House File 652
AN ACT
RELATING TO UNDERGROUND STORAGE TANKS, INCLUDING BY
ESTABLISHING AN UNDERGROUND STORAGE TANK COST SHARE GRANT
PROGRAM AND FUND AND MAKING AN APPROPRIATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321.145, subsection 2, paragraph a,
subparagraph (1), Code 2015, is amended to read as follows:
(1) First, three one million five hundred seven hundred
fifty thousand dollars per quarter shall be deposited into
and credited to the Iowa comprehensive petroleum underground
storage tank fund created in section 455G.3, and the moneys so
deposited are a continuing appropriation for expenditure under
chapter 455G, and moneys so appropriated shall not be used for
other purposes.
Sec. 2. Section 321.145, subsection 2, paragraph a, Code
2015, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (3) Third, one million seven hundred
fifty thousand dollars per quarter shall be deposited into
and credited to the underground storage tank cost share
grant program fund created in section 455G.6A. The moneys so
deposited are a continuing appropriation for expenditure under
that section and shall not be used for other purposes.
Sec. 3. NEW SECTION. 455G.6A Underground storage tank cost
share grant program and fund.
1. For purposes of this section, "grant program fund" means
the underground storage tank cost share grant program fund
established by this section.
2. An underground storage tank cost share grant program fund
is created as a separate fund in the state treasury under the
control of the board. The grant program fund is separate from
the general fund of the state.
3. a. The grant program fund is composed of moneys
deposited in the fund pursuant to section 321.145, subsection
2, paragraph "a", subparagraph (3), other moneys appropriated
by the general assembly for deposit in the grant program fund,
and moneys available to and obtained or accepted by the board
from the United States government or private sources for
placement in the grant program fund.
b. The recapture of awards or penalties, or other repayments
of moneys originating from the grant program fund, shall be
deposited into the grant program fund.
c. Notwithstanding section 12C.7, interest or earnings on
moneys in the grant program fund shall be credited to the grant
program fund.
d. Notwithstanding section 8.33, unencumbered and
unobligated moneys remaining in the grant program fund at the
close of each fiscal year shall not revert but shall remain
available in the grant program fund for the purposes of this
section.
e. Any owner or operator of a location where petroleum is
marketed in this state is eligible to apply for and receive
funding from the grant program.
4. The grant program fund shall be administered by the
board.
5. Moneys in the grant program fund are appropriated to and
shall be used by the board as provided in this subsection.
a. Up to fifty thousand dollars shall be allocated each
fiscal year to the board to support the administration of the
grant program. Otherwise the moneys shall not be transferred,
used, obligated, appropriated, or otherwise encumbered except
to allocate as grants by the board in accordance with this
subsection.
b. The board shall establish a grant program to award grants
from moneys in the grant program fund to eligible applicants to
replace underground storage tank infrastructure, including but
not limited to tanks, lines, pipes, hoses, connections, seals,
and pumps.
(1) The board shall adopt rules pursuant to chapter 17A
for implementation and administration of the grant program and
grant program fund.
(2) At a minimum, replacement infrastructure must be listed
by an independent testing laboratory as compatible for use with
ethanol blended gasoline classified as E=85.
(3) An eligible applicant may be awarded a grant worth up
to fifty percent of the cost to replace infrastructure, with a
maximum grant of one hundred thousand dollars. If an applicant
has previously been awarded a grant under this section, the
applicant may be awarded subsequent grants worth up to fifty
percent of the cost to replace infrastructure, with a maximum
grant of fifty thousand dollars. The total grants awarded to
an eligible applicant shall not exceed one million dollars per
calendar year.
Sec. 4. UNDERGROUND STORAGE TANK STUDY. The Iowa
comprehensive petroleum underground storage tank fund board
shall, by December 15, 2015, conduct a study concerning,
and make recommendations to the general assembly regarding
potential resolutions of, all of the following:
1. The number of underground storage tanks originally
installed prior to 1990 which need to be replaced.
2. Obstacles and impediments to cleanup and redevelopment
of leaking underground storage tank sites, including but not
limited to restrictions on land use, abandoned properties,
landowner participation, economic feasibility, and regulatory
rulemaking.
3. Progress on the cleanup of current leaking underground
storage tank sites and an assessment of the potential to
complete cleanup of these sites by December 31, 2018.
KRAIG PAULSEN
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 652, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2015
TERRY E. BRANSTAD
Governor
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