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, requiring a study, making appropriations, and including effective date and transition provisions

Currently, the Iowa comprehensive petroleum underground storage tank fund exists under the control of the Iowa comprehensive petroleum underground storage tank fund board. The Iowa comprehensive petroleum underground storage tank fund contains an account with moneys available to fund corrective action for petroleum releases. The Iowa comprehensive petroleum underground storage tank fund also contains a loan guarantee account and a marketability fund. This bill repeals the Iowa comprehensive petroleum underground storage tank fund and eliminates the Iowa comprehensive petroleum underground storage tank fund board on July 1, 2023. The bill requires the department of natural resources (department) to establish and administer the Iowa tanks fund financing program to distribute financial assistance for work conducted by eligible entities. The bill creates the Iowa tanks fund within the state treasury under the control of the department and requires the department to administer the fund. Moneys in the fund are appropriated to the department for the purposes of providing reimbursement to tank owners for all or part of the costs of a corrective action; for permanently closing an underground storage tank system, assessment and corrective action arising out of a release, and tank operator training; and administrative costs. The bill appropriates $250,000 per year from the general fund to the department of agriculture and land stewardship (DALS) beginning July 1, 2023, to inspect fuel quality at terminals and facilities. The program allows a claimant who has previously received assistance under the Iowa tanks fund or the Iowa comprehensive petroleum underground storage tank fund to receive reimbursement from the Iowa tanks fund for all or part of the costs of corrective action for a petroleum release. The bill allows for cost recovery efforts from potentially responsible parties when moneys from the Iowa tanks fund are used during the cleanup of contamination at a tank site. The bill directs the environmental protection commission to adopt rules for program eligibility, investigating and settling claims made against the fund, appeal procedures, community remediation, prioritization of fund moneys, funding for tank operator training, additional assessment and corrective action arising out of a release at a site for which a no further action certificate has been issued, and reimbursement for the permanent closure of an underground storage tank system. The bill provides that claims for releases filed on or after January 1, 2023, are not eligible for payment from the Iowa comprehensive petroleum underground storage tank fund. The bill requires DALS to conduct a study regarding the long-term future fuel testing needs in Iowa and how to maximize and leverage the Iowa central fuel testing laboratory located at Iowa central community college. The bill requires DALS to submit a report regarding the study to the governor and general assembly not later than December 15, 2022. The bill includes transition provisions retaining the effectiveness of rules, regulations, forms, orders, or directives promulgated by the Iowa comprehensive petroleum underground storage tank fund board until amended, repealed, or supplemented by affirmative action of the department. Any moneys credited to the Iowa comprehensive petroleum underground storage tank fund on and after July 1, 2023, are transferred to the department for deposit in the Iowa tanks fund. The divisions of the bill establishing the Iowa tanks fund and making conforming Code changes take effect July 1, 2023.