General Assembly: 81 (2005 Regular GA) - Chapter 12 - Aboveground petroleum storage tanks — upgrade or closure costs


Published: 2005-03-21

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49 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 12

Sec. 10. Section 554.4207, Code 2005, is amended by adding the following new subsection: NEW SUBSECTION. 6. If the warranty under subsection 1, paragraph “f”, is not given by

a transferor or collectingbankunder applicable conflict of laws rules, thewarranty is not given to that transferor when the transferor is a transferee or to any prior collecting bank of that transferee.

Sec. 11. Section 554.4208, subsection 1, paragraphs b and c, Code 2005, are amended to read as follows: b. the draft has not been altered; and c. the warrantor has no knowledge that the signature of the purported drawer of the draft

is unauthorized; and d. if the draft is a demand draft, the creation of the demand draft according to the terms on

its face was authorized by the person identified as the drawer.

Sec. 12. Section 554.4208, Code 2005, is amended by adding the following new subsec- tions: NEWSUBSECTION. 7. A demand draft is a check as provided in section 554.3104, subsec-

tion 6. NEW SUBSECTION. 8. If a warranty under subsection 1, paragraph “d”, is not given by a

transferor under applicable conflict of laws rules, the warranty is not given to that transferor when that transferor is a transferee.

Approved March 21, 2005

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CH. 12CH. 12

CHAPTER 12

ABOVEGROUND PETROLEUM STORAGE TANKS — UPGRADE OR CLOSURE COSTS

S.F. 141

AN ACT relating to reimbursement to owners of aboveground petroleum storage tanks for costs associated with the upgrade or permanent closure of aboveground petroleum stor- age tanks.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 455G.23, subsection 2, paragraphs d and e, Code 2005, are amended to read as follows: d. Upgrade expenses must be incurred after January 1, 2004, and not later than February

18 December 31, 2005. Upgrade activities are limited to the installation or improvement of equipment or systems required to comply with 40 C.F.R. § 112, specifically: (1) Secondary containment. (2) Corrosion protection. (3) Loss prevention. (4) Security. (5) Drainage. (6) Removal of noncompliant tanks. e. Permanent closure activities, including tank system removal, decommission, and dispos-

50LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 12

al,must occur after January 1, 2004, and not later than February 18December 31, 2005, unless the owner is a party to an agreement entered into pursuant to subsection 3 and the tanksmeet one of the following criteria: (1) All tanks are empty by February 18 December 31, 2005. (2) All tanks containing petroleum on or after February 18 December 31, 2005, meet the re-

quirements of 40 C.F.R. § 112 et seq. and any applicable provisions of chapter 101 and the ad- ministrative rules adopted pursuant to chapter 101.

Approved March 21, 2005

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CH. 13CH. 13

CHAPTER 13

COMMERCIAL ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES — SECURITY — EMPLOYEE TRAINING

H.F. 141

AN ACT relating to the training and certification of designated security personnel working at commercial establishments with a liquor control license or wine or beer permit.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 123.3, subsection 12A, Code 2005, is amended to read as follows: 12A. “Designated security employee” means an agent, contract employee, independent

contractor, servant, or employeeof a licensee or permitteewho is primarily employed for secu- rity purposes works in a security position in any capacity at a commercial establishment li- censed or permitted under this chapter.

Sec. 2. Section 123.32, subsection 4, Code 2005, is amended to read as follows: 4. SECURITY EMPLOYEE TRAINING. A local authority, as a condition of obtaining and

holding a license or permit for on-premises consumption, may require a designated security employee as defined in section 123.3 to be trained and certified in securitymethods. The train- ing shall include but is not limited to mediation techniques, civil rights or unfair practices awareness as provided in section 216.7, and providing instruction on the proper physical re- straint methods used against a person who has become combative.

Approved March 21, 2005