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 penalties of not more
  1  7 than ten thousand dollars in 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.  Violations not fitting within the
  1 24 schedule, or violations which 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