HOUSE FILE 123

BY  WATTS, KOESTER, WORTHAN, PEARSON, GARRETT, THOMAS, COWNIE, and BALTIMORE

A BILL FOR

An Act relating to certain fees associated with solid waste.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 455B.105, subsection 11, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  Any fee schedule adopted by the commission regarding the regulation of division IV, part 1 of this chapter shall not include fees that exceed the actual, identifiable amount necessary for such regulatory activities.
   Sec. 2.  Section 455B.304, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  20.  The commission shall adopt rules prohibiting a planning area from imposing a fee on the disposal of solid waste, including construction and demolition waste, at a sanitary landfill outside the planning area when the solid waste is being hauled by the person who generated the solid waste inside the planning area and the solid waste does not exceed one ton at the time of disposal.
EXPLANATION
   This bill relates to certain fees associated with solid waste.
   The bill prohibits the environmental protection commission, when adopting a fee schedule regarding the regulation of certain solid waste-related Code sections, from adopting fees that exceed the actual identifiable amount necessary for such regulatory activities.
   The bill requires the environmental protection commission to adopt rules prohibiting a planning area from imposing a fee on the disposal of solid waste at a sanitary landfill outside the planning area when the solid waste is being hauled by the person who generated the solid waste inside the planning area and the solid waste does not exceed one ton at the time of disposal.