House Study Bill 180 HOUSE FILE BY (PROPOSED COMMITTEE ON ENVIRONMENTAL PROTECTION BILL BY CHAIRPERSON GREINER) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to a schedule established by the environmental 2 protection commission for civil penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2397HC 81 5 tm/gg/14 PAG LIN 1 1 Section 1. Section 455B.109, subsection 1, Code 2005, is 1 2 amended to read as follows: 1 3 1. The commission shall establish, by rule, a schedule or 1 4 range of civil penalties which may be administratively 1 5 assessed. The schedule shall provide procedures and criteria 1 6 for the administrative assessment of penaltiesof not more 1 7 than ten thousand dollarsin an amount not to exceed civil 1 8 penalties established in this chapter for violations of this 1 9 chapter or rules, permits or orders adopted or issued under 1 10 this chapter. In adopting a schedule or range of penalties 1 11 and in proposing or assessing a penalty, the commission and 1 12 director shall consider among other relevant factors the 1 13 following: 1 14 a. The costs saved or likely to be saved by noncompliance 1 15 by the violator. 1 16 b. The gravity of the violation. 1 17 c. The degree of culpability of the violator. 1 18 d. The maximum penalty authorized for that violation under 1 19 this chapter. 1 20 PARAGRAPH DIVIDED. Penalties may be administratively 1 21 assessed only after an opportunity for a contested case 1 22 hearing which may be combined with a hearing on the merits of 1 23 the alleged violation. Violationsnot fitting within the 1 24 schedule, or violationswhich the commission determines should 1 25 be referred to the attorney general for legal action shall not 1 26 be governed by the schedule established under this subsection. 1 27 EXPLANATION 1 28 This bill relates to a schedule established by the 1 29 environmental protection commission for civil penalties. 1 30 Currently, the environmental protection commission is 1 31 required to establish a schedule or range of civil penalties 1 32 of not more than $10,000 which may be administratively 1 33 assessed. Currently, if a civil penalty is more than $10,000, 1 34 the civil penalty is not administratively assessed. 1 35 The bill provides that the schedule is to provide 2 1 procedures and criteria for the administrative assessment of 2 2 penalties in an amount not to exceed civil penalties 2 3 established in Code chapter 455B. The bill eliminates a 2 4 provision providing that violations not within the schedule 2 5 shall not be governed by the schedule. 2 6 LSB 2397HC 81 2 7 tm:rj/gg/14