SF 656 (LSB 1181SZ (2) 91)

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 solid waste collection and disposal services, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  331.465A  Solid waste collection and disposal services —— opt-out.
   1.  For purposes of this section:
   a.  “Opt-out period” means the period of time the property owner, at the request of the property owner, temporarily discontinues utilizing county-provided or county-contracted solid waste collection and disposal services.
   b.  “Solid waste collection and disposal services” means the collection and disposal of refuse, sludge, and other discarded solid materials from residential activities, excluding yard waste, bulky items, and specialized collections.
   2.  a.  A county board of supervisors shall allow a residential real property owner to opt out of using county-provided or county-contracted solid waste collection and disposal services if all the following conditions apply:
   (1)  The property is an eligible homestead for which the property owner is receiving a homestead credit under chapter 425.
   (2)  The property owner submits to the county a completed application that requests an opt-out period not exceeding five consecutive months.
   (3)  The property owner submits the application at least eight weeks prior to the start of the opt-out period.
   b.  The county board of supervisors shall approve the application unless the application was incorrectly filed or submitted outside of the submission periods required by this subsection.
   3.  If the property owner opts out of county-provided or county-contracted solid waste collection and disposal services, any fee charged by the county relating to the services shall be suspended during the opt-out period. The suspended fee shall be the same as is charged to similar residential customers based on the information provided on the application.
   4.  The suspension of services shall continue for the property until the end date of the opt-out period as indicated on the application, unless the property owner files an amended application to opt back in at an earlier date. If ownership of the property changes during the opt-out period, the property owner that filed the application shall file an amended application to initiate services for the new owner of the property. A new owner of the property may file an application to start services, based on required proof of ownership. An amended application must be filed at least three weeks prior to the restarting of services.
   5.  An application for an opt-out shall be made on a form provided by the county and shall, at a minimum, contain information necessary to show proof of ownership and any information necessary to approve the suspension of services for the opt-out period. An application may be submitted in person, by mail, or through a submission process on the county’s internet site, if applicable. The county may impose an application fee that shall be submitted with the application and shall not exceed five dollars for each month of the requested opt-out period. If the application is denied, the fee shall be refunded to the applicant within thirty days.
   6.  Only one application to opt out of county-provided or county-contracted solid waste collection and disposal services may be filed for each twelve-month period.
   7.  Solid waste collection and disposal services and fees shall resume upon completion of the full or amended opt-out period.
   8.  A property owner who knowingly provides false information on an application filed pursuant to this section commits a civil offense punishable by a civil penalty of not more than seven hundred fifty dollars for each violation or if the infraction is a repeat offense a civil penalty not to exceed one thousand dollars for each repeat offense.
    Sec. 2.  NEW SECTION.  384.84B  Solid waste collection and disposal services —— opt-out.
   1.  For purposes of this section:
   a.  “Opt-out period” means the period of time the property owner, at the request of the property owner, temporarily discontinues utilizing city-provided or city-contracted solid waste collection and disposal services.
   b.  “Solid waste collection and disposal services” means the collection and disposal of refuse, sludge, and other discarded solid materials from residential activities, excluding yard waste, bulky items, and specialized collections.
   2.  a.  A city council shall allow a residential real property owner to opt out of using city-provided or city-contracted solid waste collection and disposal services if all of the following conditions apply:
   (1)  The property is an eligible homestead for which the property owner is receiving a homestead credit under chapter 425.
   (2)  The property owner submits to the city a completed application that requests an opt-out period not exceeding five consecutive months.
   (3)  The property owner submits the application at least eight weeks prior to the start of the opt-out period.
   b.  The city council shall approve the application unless the application was incorrectly filed or submitted outside of the submission periods required by this subsection.
   3.  If the property owner opts out of city-provided or city-contracted solid waste collection and disposal services, any fee charged by the city relating to the services shall be suspended during the opt-out period. The suspended fee shall be the same as is charged to similar residential customers based on the information provided on the application.
   4.  The suspension of services shall continue for the property until the end date of the opt-out period as indicated on the application, unless the property owner files an amended application to opt back in at an earlier date. If ownership of the property changes during the opt-out period, the property owner that filed the application shall file an amended application to initiate services for the new owner of the property. A new owner of the property may file an application to start services, based on required proof of ownership. An amended application must be filed at least three weeks prior to the restarting of services.
   5.  An application for an opt-out shall be made on a form provided by the city and shall, at a minimum, contain information necessary to show proof of ownership and any information necessary to approve the suspension of services for the opt-out period. An application may be submitted in person, by mail, or through a submission process on the city’s internet site, if applicable. The city may impose an application fee that shall be submitted with the application and shall not exceed five dollars for each month of the requested opt-out period. If the application is denied, the fee shall be refunded to the applicant within thirty days.
   6.  Only one application to opt out of city-provided or city-contracted solid waste collection and disposal services may be filed for each twelve-month period.
   7.  Solid waste collection and disposal services and fees shall resume upon completion of the full or amended opt-out period.
   8.  A property owner who knowingly provides false information on an application filed pursuant to this section commits a civil offense punishable by a civil penalty of not more than seven hundred fifty dollars for each violation or if the infraction is a repeat offense a civil penalty not to exceed one thousand dollars for each repeat offense.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to solid waste collection and disposal services by creating exemptions for service charges. The bill allows real property owners to opt out of solid waste collection and disposal services (services) provided or contracted by a county or city if the property is an eligible homestead for which the property owner is receiving a homestead credit, the property owner submits a completed application that requests an opt-out period not exceeding five months, and the property owner submits the application at least eight weeks prior to the start of the opt-out period.
   Any fee associated with the services from the county or city shall be suspended during the opt-out period. The opt-out period will continue until the end date of the opt-out period as provided on the application or if the real property owner files an amended application to opt back in to the services.
   To opt out of services, the real property owner must submit to the county or city an application that provides information necessary to show proof of ownership and any information necessary to approve the suspension of services for the opt-out period. The county or city may impose an application fee not to exceed $5 for each month of the requested opt-out period, which fee shall be refunded within 30 days if the application is denied. An application must be approved unless unsatisfactory information is provided. A property owner may file only one application to opt out of services in a 12-month period. Services and the imposition of fees shall resume upon the expiration of the opt-out period.
   A property owner who knowingly provides false information on an application filed pursuant to the bill is subject to civil penalties.