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Senate
File
299
-
Introduced
SENATE
FILE
299
BY
SALMON
,
CAMPBELL
,
WESTRICH
,
GUTH
,
KRAAYENBRINK
,
LOFGREN
,
ROWLEY
,
and
TAYLOR
A
BILL
FOR
An
Act
establishing
the
Iowa
carbon
dioxide
disaster
relief
1
fund,
creating
an
excise
tax,
and
making
appropriations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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299
Section
1.
NEW
SECTION
.
479B.34
Carbon
dioxide
disaster
1
relief
fund.
2
1.
The
purpose
of
this
section
is
to
establish
a
dedicated
3
fund
for
disaster
relief
and
safe,
efficient
disaster
response
4
to
incidents
involving
liquefied
carbon
dioxide
pipeline,
5
transportation,
and
storage
systems.
6
2.
For
purposes
of
this
section:
7
a.
“Disaster”
means
any
catastrophic
event,
regardless
of
8
size,
resulting
from
the
release
or
failure
of
a
liquefied
9
carbon
dioxide
pipeline,
transportation,
or
storage
system,
10
including
but
not
limited
to
a
leakage,
rupture,
or
other
11
hazardous
incident.
12
b.
“Fund”
means
the
Iowa
carbon
dioxide
disaster
relief
fund
13
created
in
subsection
3.
14
c.
“Victim”
means
an
individual,
family,
or
community
that
15
suffers
loss,
injury,
or
property
damage
as
a
result
of
carbon
16
dioxide
release.
17
3.
a.
The
Iowa
carbon
dioxide
disaster
relief
fund
18
is
created
within
the
state
treasury
under
control
of
the
19
department
of
natural
resources.
The
fund
shall
consist
of
20
moneys
appropriated
to
or
deposited
in
the
fund,
including
21
moneys
deposited
pursuant
to
subsection
4,
and
donations
and
22
gifts
to
the
fund
obtained
from
any
source.
Moneys
in
the
fund
23
are
appropriated
to
the
department
of
natural
resources
for
24
purposes
provided
in
paragraph
“b”
.
25
b.
Moneys
in
the
fund
shall
be
used
to
support
the
following
26
purposes
associated
with
a
liquefied
carbon
dioxide
pipeline
or
27
storage
system
disaster:
28
(1)
Immediate
disaster
response
costs
that
may
include
29
containment,
emergency
response
support,
and
environmental
30
cleanup.
31
(2)
Long-term
recovery,
including
full
compensation
to
32
victims,
rebuilding,
and
environmental
restoration.
33
4.
a.
An
excise
tax
shall
be
paid
by
owners
of
liquefied
34
carbon
dioxide
pipelines
or
carbon
dioxide
facilities
and
by
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persons
supplying
carbon
dioxide
to
a
liquefied
carbon
dioxide
1
pipeline
or
carbon
dioxide
facility
at
a
rate
determined
by
the
2
general
assembly,
which
may
be
adjusted
pursuant
to
subsection
3
7.
The
excise
tax
shall
be
administered
by
the
department
of
4
revenue
and
shall
be
levied
on
the
following:
5
(1)
The
total
transportation
capacity
of
liquefied
carbon
6
dioxide
pipelines
and
storage
systems
operating
within
Iowa,
7
calculated
based
on
the
volume
of
liquefied
carbon
dioxide
that
8
could
potentially
be
transported
through
the
pipeline
system
9
annually.
10
(2)
The
actual
amount
of
liquefied
carbon
dioxide
11
transported
through
Iowa
annually,
calculated
on
the
volume
of
12
liquefied
carbon
dioxide
that
is
moved
through
pipelines
within
13
and
through
the
state.
14
b.
Section
422.25,
subsection
4,
sections
422.30,
422.67,
15
and
422.68,
section
422.69,
subsection
1,
sections
422.70,
16
422.71,
422.72,
422.74,
and
422.75,
section
423.14,
subsection
17
1,
and
sections
423.23,
423.24,
423.25,
423.31
through
18
423.35,
423.37
through
423.42,
and
423.47,
consistent
with
the
19
provisions
of
this
section,
shall
apply
with
respect
to
the
tax
20
authorized
under
this
subsection,
in
the
same
manner
and
with
21
the
same
effect
as
if
the
excise
taxes
on
the
transportation
22
capacity
or
actual
transportation
of
liquefied
carbon
dioxide
23
were
retail
sales
taxes
within
the
meaning
of
those
statutes.
24
Notwithstanding
this
paragraph,
the
director
shall
provide
for
25
monthly
filing
of
returns
and
for
other
than
monthly
filing
26
of
returns
both
as
prescribed
in
section
423.31.
All
taxes
27
collected
under
this
subsection
are
deemed
to
be
held
in
trust
28
for
the
state
of
Iowa.
29
c.
All
moneys
received
and
all
refunds
shall
be
deposited
30
in
or
withdrawn
from
the
fund.
31
d.
The
department
of
revenue
shall
adopt
rules
to
administer
32
the
tax
authorized
by
this
subsection.
33
5.
A
minimum
of
ten
billion
dollars
must
be
maintained
34
in
the
fund
in
order
for
any
common
carrier
liquefied
carbon
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299
dioxide
pipeline
to
transport
liquefied
carbon
dioxide
1
within
the
state.
The
state
shall
require
all
common
carrier
2
liquefied
carbon
dioxide
pipelines
to
cease
the
transportation
3
of
liquefied
carbon
within
the
state
if
the
fund
is
below
the
4
amount
required
in
this
subsection.
5
6.
a.
The
oversight
board
is
created
and
shall
consist
6
of
no
fewer
than
five
members
appointed
by
the
governor
and
7
confirmed
by
the
senate
to
serve
five-year
terms
beginning
and
8
ending
as
provided
in
section
69.19.
Expertise
in
financial
9
management,
public
policy,
and
disaster
relief
shall
be
10
considered
when
determining
the
appointment
of
members
to
the
11
oversight
board.
Members
of
the
oversight
board
shall
have
the
12
following
duties
and
responsibilities:
13
(1)
Maintain
the
fiduciary
integrity
of
the
fund
by
ensuring
14
the
moneys
are
used
exclusively
for
victim
relief
purposes
and
15
that
there
are
no
conflicts
of
interest
or
mismanagement.
16
(2)
Meet
at
least
quarterly
to
review
the
financial
health
17
of
the
fund,
oversee
tax
revenues
and
distributions,
and
18
make
recommendations
for
necessary
adjustments
to
the
fund’s
19
purposes.
20
(3)
Determine
and
acquire
an
appropriate
amount
of
21
insurance
to
protect
the
fund
and
the
victims.
22
b.
The
victim
assistance
board
is
created
and
shall
consist
23
of
no
fewer
than
seven
members
appointed
by
the
governor.
24
The
members
shall
include
at
least
one
member
representing
a
25
local
government,
one
member
representing
an
environmental
26
organization,
one
member
representing
a
disaster
relief
agency,
27
one
member
who
is
a
landowner
affected
by
an
easement
placed
28
by
eminent
domain,
and
one
member
who
is
a
legal
expert
in
29
liability
and
victims’
rights.
The
victim
assistance
board
30
shall
have
the
following
duties
and
responsibilities:
31
(1)
Ensuring
the
fund’s
resources
are
equitably
and
32
efficiently
distributed
to
disaster
victims.
33
(2)
Assessing
the
needs
of
victims,
prioritizing
claims,
34
and
monitoring
recovery
progress.
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(3)
Advising
the
oversight
board
on
any
adjustments
needed
1
in
the
disaster
response
process
or
funding
levels.
2
(4)
Creating
and
maintaining
an
on-demand,
3
three-dimensional
plume
model
network
that
will
use
topography,
4
wind
speed,
wind
direction,
temperature,
humidity,
and
the
5
amount
of
released
carbon
dioxide
to
accurately
predict
6
movement
of
a
plume
to
assist
first
responders
to
efficiently
7
evacuate
victims
and
limit
potential
property
damage.
8
(5)
Determining
equipment
and
training
required
for
local
9
first
responders
and
compensating
local
first
responder
units.
10
7.
a.
The
general
assembly
shall
review
the
operation
of
11
the
fund
every
two
years
to
ensure
it
meets
its
objectives,
12
adjust
the
excise
tax
rate
as
needed
to
keep
pace
with
13
inflation
or
changing
disaster
needs,
and
evaluate
the
14
effectiveness
of
disaster
response
protocols.
15
b.
Recommendations
for
improvements
or
changes
in
disaster
16
relief
policies
may
be
proposed
by
the
oversight
board
or
the
17
victims
assistance
board.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
establishes
the
Iowa
carbon
dioxide
disaster
22
relief
fund
(fund).
The
bill
creates
the
fund
in
the
state
23
treasury
under
the
control
of
the
department
of
natural
24
resources
(DNR).
The
fund
shall
consist
of
moneys
deposited
25
into
the
fund,
including
moneys
collected
from
the
excise
26
tax
assessed
under
the
bill
and
gifts
and
donations
received
27
for
the
fund.
Moneys
in
the
fund
are
appropriated
to
DNR
to
28
respond
to
catastrophic
events,
regardless
of
size,
resulting
29
from
the
release
or
failure
of
a
liquefied
carbon
dioxide
30
pipeline,
transportation,
or
storage
system,
including
but
not
31
limited
to
a
leakage,
rupture,
or
other
hazardous
incident.
32
The
moneys
may
be
used
by
the
department
for
immediate
disaster
33
response,
including
containment,
emergency
response
support,
34
or
environmental
cleanup
or
long-term
recovery,
including
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299
compensation
to
victims,
rebuilding,
and
environmental
1
restoration.
2
The
fund
is
financed
through
an
excise
tax
at
a
rate
3
determined
by
the
general
assembly.
The
bill
imposes
the
4
excise
tax
on
the
total
annual
transportation
capacity
5
of
liquefied
carbon
dioxide
pipelines
and
storage
systems
6
operating
within
Iowa
and
the
actual
amount
of
liquefied
carbon
7
dioxide
transported
through
Iowa
annually.
8
The
bill
requires
a
minimum
of
$10
billion
to
be
maintained
9
in
the
fund
in
order
for
any
common
carrier
liquefied
carbon
10
dioxide
pipeline
to
transport
liquefied
carbon
dioxide
within
11
the
state.
12
The
bill
creates
two
fiduciary
oversight
boards,
the
13
oversight
board
and
the
victim
assistance
board.
The
oversight
14
board
consists
of
at
least
five
members
appointed
to
five-year
15
terms
by
the
governor
and
confirmed
by
the
senate.
Expertise
16
in
financial
relief,
public
policy,
and
disaster
relief
is
17
considered
when
appointing
the
members.
The
members
are
18
responsible
for
maintaining
the
integrity
of
the
fund,
meeting
19
at
least
quarterly
to
review
the
fund
and
oversee
tax
revenues
20
and
distributions,
making
recommendations
for
changes,
and
21
acquiring
appropriate
insurance
to
protect
the
fund
and
22
victims.
23
The
victim
assistance
board
consists
of
at
least
seven
24
members,
five
of
which
must
meet
certain
qualifications
25
provided
in
the
bill.
The
members
are
responsible
for
ensuring
26
that
the
fund’s
resources
are
equitably
and
efficiently
27
distributed
to
disaster
victims,
assessing
the
needs
of
28
victims,
prioritizing
claims,
monitoring
the
recovery
progress,
29
advising
the
oversight
board
on
any
adjustments
needed
in
the
30
disaster
response
process
or
funding
levels,
creating
and
31
maintaining
an
on-demand,
three-dimensional
plume
model
network
32
to
accurately
predict
movement
of
a
carbon
dioxide
plume,
33
determining
equipment
and
training
required
for
local
first
34
responders,
and
compensating
local
first
responder
units.
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The
bill
requires
the
general
assembly
to
review
the
1
operation
of
the
fund
every
two
years
to
ensure
it
meets
its
2
objectives,
adjust
the
excise
tax
rate
as
needed
to
keep
pace
3
with
inflation
or
changing
disaster
needs,
and
evaluate
the
4
effectiveness
of
disaster
response
protocols.
5
The
bill
allows
the
oversight
board
or
the
victims
6
assistance
board
to
recommend
improvements
or
changes
to
7
disaster
relief
policies.
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