General Assembly: 80 (2003 Regular GA) - Chapter 110 - Petroleum storage tank regulation


Published: 2003-05-02

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268LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 109

expiration of the no-contact order, the court shall modify and extend the no-contact order for an additional period of up to five years, unless the court finds that the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, members of the vic- tim’s immediate family, or witnesses to the offense. The number of modifications extending the no-contact order permitted by this subsection is not limited. c. The court order shall contain the court’s directives restricting the defendant from having

contactwith the victimof theoffense, persons residingwith thevictim,membersof thevictim’s immediate family, or witnesses to the offense. The order shall state whether the defendant is to be taken into custody by a peace officer for a violation of the terms stated in the order. d. Violation of a no-contact order issued under this section is punishable by summary con-

tempt proceedings. A hearing in a contempt proceeding brought pursuant to this subsection shall be held not less than five1 and not more than fifteen days after the issuance of a rule to show cause, as set by the court, unless the defendant is already in custody at the time of the alleged violation in which case the hearing shall be held not less than five days and not more than forty-five days after the issuance of the rule to show cause. e. For purposes of this subsection, “victim”means a personwhohas suffered physical, emo-

tional, or financial harm as the result of a public offense committed in this state.

Approved May 2, 2003

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CH. 110CH. 110

CHAPTER 110

PETROLEUM STORAGE TANK REGULATION

H.F. 516

ANACT relating to composition and responsibilities of the Iowacomprehensivepetroleumun- derground storage tank fund board.

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

Section 1. NEW SECTION. 424.19 FUTURE REPEAL. This chapter is repealed effective June 30, 2014.

Sec. 2. Section 455G.4, subsection 1, Code 2003, is amended by adding the following new paragraph after paragraph d: NEW PARAGRAPH. dd. Two owners or operators appointed by the governor. One of the

owners or operators appointed pursuant to this paragraph shall have been a petroleum sys- tems insured through the underground storage tank insurance fund or a successor to the un- derground storage tank insurance fund and shall have been an insured through the insurance account of the comprehensive petroleumunderground storage tank fund on or beforeOctober 26, 1990. One of the owners or operators appointed pursuant to this paragraph shall be self- insured.

Sec. 3. Section 455G.4, subsection 1, unnumbered paragraph 2, Code 2003, is amended to read as follows: A public member appointed pursuant to paragraph “d” shall not have a conflict of interest.

For purposes of this section a “conflict of interest” means an affiliation, within the twelve months before the member’s appointment, with the regulated tank community, or with a person or property and casualty insurer offering competitive insurance or other means of

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1 See chapter 179, §77 herein

269 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 111

financial assurance or which previously offered environmental hazard insurance for a mem- ber of the regulated tank community.

Sec. 4. Section 455G.4, Code 2003, is amended by adding the following new subsection: NEW SUBSECTION. 6. REPORTING. Beginning July 2003, the board shall submit a writ-

ten report quarterly to the legislative council, the chairperson and rankingmemberof the com- mittee on natural resources and environment in the senate, and the chairperson and ranking member of the committee on environmental protection in the house of representatives regard- ing changes in the status of the program including, but not limited to, the number of open claims by claim type; the number of new claims submitted and the eligibility status of each claim; a summary of the risk classification of open claims; the status of all claims at high-risk sites including thenumber of corrective actiondesign reports submitted, approved, and imple- mented during the reporting period; total moneys reserved on open claims and total moneys paid on open claims; and a summary of budgets approved and invoices paid for high risk site activities including a breakdown by corrective action design report, construction and equip- ment, implementation, operation andmaintenance,monitoring, over excavation, free product recovery, site reclassification, reporting and other expenses, or a similar breakdown. In each report submitted by the board, the board shall include an estimated timeline to complete cor- rective action at all currently eligible high-risk sites where a corrective action design report hasbeen submittedbya claimant andapprovedduring the reportingperiod. The timeline shall include the projected year when a no further action designation will be obtained based upon the corrective action activities approved or anticipated at each claimant site. The timeline shall be broken down in annual increments with the number or percentage of sites projected to be completed for each time period. The report shall identify and report steps taken to expe- dite corrective action and eliminate the state’s liability for open claims.

Sec. 5. Section 455G.6, Code 2003, is amended by adding the following new subsection: NEWSUBSECTION. 17. The boardmay adopt rules pursuant to chapter 17A providing for

the transfer of all or aportionof the liabilities of theboardunder this chapter. Notwithstanding other provisions to the contrary, the board, upon such transfer, shall not maintain any duty to reimburse claimants under this chapter for those liabilities transferred.

Approved May 2, 2003

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CH. 111CH. 111

CHAPTER 111

MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES SERVICES SYSTEM REVIEW

H.F. 529

AN ACT directing the mental health and developmental disabilities commission to make rec- ommendations for redesigning the mental health and developmental disabilities services system for adults and providing an effective date.

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

Section 1. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES SERVICES SYS- TEM REDESIGN. In fulfilling the mental health and developmental disabilities commission’s duty under