Senate File 656 - Introduced SENATE FILE 656 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 589) (SUCCESSOR TO SSB 1190) A BILL FOR An Act allowing property owners to temporarily opt out of 1 solid waste collection and disposal services, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1181SZ (2) 91 sb/js
S.F. 656 Section 1. NEW SECTION . 331.465A Solid waste collection and 1 disposal services —— opt-out. 2 1. For purposes of this section: 3 a. “Opt-out period” means the period of time the property 4 owner, at the request of the property owner, temporarily 5 discontinues utilizing county-provided or county-contracted 6 solid waste collection and disposal services. 7 b. “Solid waste collection and disposal services” means the 8 collection and disposal of refuse, sludge, and other discarded 9 solid materials from residential activities, excluding yard 10 waste, bulky items, and specialized collections. 11 2. a. A county board of supervisors shall allow 12 a residential real property owner to opt out of using 13 county-provided or county-contracted solid waste collection and 14 disposal services if all the following conditions apply: 15 (1) The property is an eligible homestead for which the 16 property owner is receiving a homestead credit under chapter 17 425. 18 (2) The property owner submits to the county a completed 19 application that requests an opt-out period not exceeding five 20 consecutive months. 21 (3) The property owner submits the application at least 22 eight weeks prior to the start of the opt-out period. 23 b. The county board of supervisors shall approve the 24 application unless the application was incorrectly filed or 25 submitted outside of the submission periods required by this 26 subsection. 27 3. If the property owner opts out of county-provided or 28 county-contracted solid waste collection and disposal services, 29 any fee charged by the county relating to the services shall be 30 suspended during the opt-out period. The suspended fee shall 31 be the same as is charged to similar residential customers 32 based on the information provided on the application. 33 4. The suspension of services shall continue for the 34 property until the end date of the opt-out period as indicated 35 -1- LSB 1181SZ (2) 91 sb/js 1/ 5
S.F. 656 on the application, unless the property owner files an amended 1 application to opt back in at an earlier date. If ownership of 2 the property changes during the opt-out period, the property 3 owner that filed the application shall file an amended 4 application to initiate services for the new owner of the 5 property. A new owner of the property may file an application 6 to start services, based on required proof of ownership. An 7 amended application must be filed at least three weeks prior 8 to the restarting of services. 9 5. An application for an opt-out shall be made on a form 10 provided by the county and shall, at a minimum, contain 11 information necessary to show proof of ownership and any 12 information necessary to approve the suspension of services 13 for the opt-out period. An application may be submitted 14 in person, by mail, or through a submission process on the 15 county’s internet site, if applicable. The county may impose 16 an application fee that shall be submitted with the application 17 and shall not exceed five dollars for each month of the 18 requested opt-out period. If the application is denied, the 19 fee shall be refunded to the applicant within thirty days. 20 6. Only one application to opt out of county-provided or 21 county-contracted solid waste collection and disposal services 22 may be filed for each twelve-month period. 23 7. Solid waste collection and disposal services and fees 24 shall resume upon completion of the full or amended opt-out 25 period. 26 8. A property owner who knowingly provides false 27 information on an application filed pursuant to this section 28 commits a civil offense punishable by a civil penalty of not 29 more than seven hundred fifty dollars for each violation or 30 if the infraction is a repeat offense a civil penalty not to 31 exceed one thousand dollars for each repeat offense. 32 Sec. 2. NEW SECTION . 384.84B Solid waste collection and 33 disposal services —— opt-out. 34 1. For purposes of this section: 35 -2- LSB 1181SZ (2) 91 sb/js 2/ 5
S.F. 656 a. “Opt-out period” means the period of time the property 1 owner, at the request of the property owner, temporarily 2 discontinues utilizing city-provided or city-contracted solid 3 waste collection and disposal services. 4 b. “Solid waste collection and disposal services” means the 5 collection and disposal of refuse, sludge, and other discarded 6 solid materials from residential activities, excluding yard 7 waste, bulky items, and specialized collections. 8 2. a. A city council shall allow a residential real 9 property owner to opt out of using city-provided or 10 city-contracted solid waste collection and disposal services if 11 all of the following conditions apply: 12 (1) The property is an eligible homestead for which the 13 property owner is receiving a homestead credit under chapter 14 425. 15 (2) The property owner submits to the city a completed 16 application that requests an opt-out period not exceeding five 17 consecutive months. 18 (3) The property owner submits the application at least 19 eight weeks prior to the start of the opt-out period. 20 b. The city council shall approve the application unless the 21 application was incorrectly filed or submitted outside of the 22 submission periods required by this subsection. 23 3. If the property owner opts out of city-provided or 24 city-contracted solid waste collection and disposal services, 25 any fee charged by the city relating to the services shall be 26 suspended during the opt-out period. The suspended fee shall 27 be the same as is charged to similar residential customers 28 based on the information provided on the application. 29 4. The suspension of services shall continue for the 30 property until the end date of the opt-out period as indicated 31 on the application, unless the property owner files an amended 32 application to opt back in at an earlier date. If ownership of 33 the property changes during the opt-out period, the property 34 owner that filed the application shall file an amended 35 -3- LSB 1181SZ (2) 91 sb/js 3/ 5
S.F. 656 application to initiate services for the new owner of the 1 property. A new owner of the property may file an application 2 to start services, based on required proof of ownership. An 3 amended application must be filed at least three weeks prior 4 to the restarting of services. 5 5. An application for an opt-out shall be made on a 6 form provided by the city and shall, at a minimum, contain 7 information necessary to show proof of ownership and any 8 information necessary to approve the suspension of services for 9 the opt-out period. An application may be submitted in person, 10 by mail, or through a submission process on the city’s internet 11 site, if applicable. The city may impose an application fee 12 that shall be submitted with the application and shall not 13 exceed five dollars for each month of the requested opt-out 14 period. If the application is denied, the fee shall be 15 refunded to the applicant within thirty days. 16 6. Only one application to opt out of city-provided or 17 city-contracted solid waste collection and disposal services 18 may be filed for each twelve-month period. 19 7. Solid waste collection and disposal services and fees 20 shall resume upon completion of the full or amended opt-out 21 period. 22 8. A property owner who knowingly provides false 23 information on an application filed pursuant to this section 24 commits a civil offense punishable by a civil penalty of not 25 more than seven hundred fifty dollars for each violation or 26 if the infraction is a repeat offense a civil penalty not to 27 exceed one thousand dollars for each repeat offense. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to solid waste collection and disposal 32 services by creating exemptions for service charges. The 33 bill allows real property owners to opt out of solid waste 34 collection and disposal services (services) provided or 35 -4- LSB 1181SZ (2) 91 sb/js 4/ 5
S.F. 656 contracted by a county or city if the property is an eligible 1 homestead for which the property owner is receiving a homestead 2 credit, the property owner submits a completed application that 3 requests an opt-out period not exceeding five months, and the 4 property owner submits the application at least eight weeks 5 prior to the start of the opt-out period. 6 Any fee associated with the services from the county or city 7 shall be suspended during the opt-out period. The opt-out 8 period will continue until the end date of the opt-out period 9 as provided on the application or if the real property owner 10 files an amended application to opt back in to the services. 11 To opt out of services, the real property owner must submit 12 to the county or city an application that provides information 13 necessary to show proof of ownership and any information 14 necessary to approve the suspension of services for the opt-out 15 period. The county or city may impose an application fee 16 not to exceed $5 for each month of the requested opt-out 17 period, which fee shall be refunded within 30 days if the 18 application is denied. An application must be approved unless 19 unsatisfactory information is provided. A property owner may 20 file only one application to opt out of services in a 12-month 21 period. Services and the imposition of fees shall resume upon 22 the expiration of the opt-out period. 23 A property owner who knowingly provides false information on 24 an application filed pursuant to the bill is subject to civil 25 penalties. 26 -5- LSB 1181SZ (2) 91 sb/js 5/ 5