House Study Bill 33 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON ENVIRONMENTAL PROTECTION BILL BY CHAIRPERSON OLSON) A BILL FOR An Act relating to a schedule established by the environmental 1 protection commission for civil penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1397YC (7) 84 da/nh

H.F. _____ Section 1. Section 455B.109, subsection 1, unnumbered 1 paragraph 1, Code 2011, is amended to read as follows: 2 The commission shall establish, by rule, a schedule or range 3 of civil penalties which may be administratively assessed. 4 The schedule shall provide procedures and criteria for the 5 administrative assessment of penalties of not more than ten 6 fifty thousand dollars for violations of this chapter or rules, 7 permits or orders adopted or issued under this chapter . In 8 adopting a schedule or range of penalties and in proposing or 9 assessing a penalty, the commission and director shall consider 10 among other relevant factors the following: 11 EXPLANATION 12 This bill relates to a schedule established by the 13 environmental protection commission for civil penalties 14 administratively assessable by the department of natural 15 resources. Currently, the environmental protection commission 16 is required to establish a schedule or range of civil penalties 17 of not more than $10,000 which may be administratively rather 18 than judicially assessed. The bill increases the maximum 19 administratively assessed civil penalty amount from $10,000 to 20 $50,000. The administrative assessable civil penalties apply 21 to a number of provisions in Code chapters 455B, 459, 459A, and 22 459B, all providing for environmental protection. 23 -1- LSB 1397YC (7) 84 da/nh 1/ 1