Senate
Study
Bill
1117
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
WEBSTER)
A
BILL
FOR
An
Act
relating
to
sewer
service
by
establishing
a
maximum
rate
1
increase
charged
by
governmental
entities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1183XC
(2)
91
sb/js
S.F.
_____
Section
1.
Section
331.465,
subsection
1,
Code
2025,
is
1
amended
to
read
as
follows:
2
1.
a.
The
board
may
establish,
impose,
adjust,
and
provide
3
for
the
collection
of
rates
to
produce
gross
revenues
at
least
4
sufficient
to
pay
the
expenses
of
operation
and
maintenance
5
of
the
county
enterprise
or
combined
county
enterprise
and,
6
if
revenue
bonds
or
pledge
orders
are
issued
and
outstanding
7
under
this
part,
shall
establish,
impose,
adjust,
and
provide
8
for
the
collection
of
rates
to
produce
gross
revenues
at
least
9
sufficient
to
pay
the
expenses
of
operation
and
maintenance
of
10
the
county
enterprise
or
combined
county
enterprise,
and
to
11
leave
a
balance
of
net
revenues
sufficient
at
all
times
to
pay
12
the
principal
of
and
interest
on
the
revenue
bonds
and
pledge
13
orders
as
they
become
due
and
to
maintain
a
reasonable
reserve
14
for
the
payment
of
the
principal
and
interest,
and
a
sufficient
15
portion
of
net
revenues
shall
be
pledged
for
that
purpose.
16
b.
Rates
shall
be
established
by
ordinance.
Rates
or
17
charges
for
the
services
of
a
county
enterprise
defined
18
in
section
331.461,
subsection
2
,
paragraph
“b”
,
if
not
19
paid
as
provided
by
ordinance,
constitute
a
lien
upon
the
20
premises
served
and
may
be
certified
to
the
county
treasurer
21
and
collected
in
the
same
manner
as
taxes.
The
treasurer
22
may
charge
five
dollars
for
each
lien
certified
as
an
23
administrative
expense,
which
amount
shall
be
added
to
the
24
amount
of
the
lien
to
be
collected
at
the
time
of
payment
of
the
25
assessment
from
the
payor
and
credited
to
the
county
general
26
fund.
27
c.
The
aggregate
of
the
rates
and
charges
for
sewer
services
28
shall
not
exceed
the
lower
of
one
hundred
two
percent
of
the
29
aggregate
of
the
rates
and
charges
from
the
previous
budget
30
year
or
the
percentage
increase
in
the
consumer
price
index
31
for
the
midwest
region
as
determined
by
the
United
States
32
department
of
labor,
bureau
of
labor
statistics,
or
a
successor
33
index.
Increases
to
rates
and
charges
for
sewer
services
34
planned
prior
to
July
1,
2025,
for
repayment
of
debt
incurred
35
-1-
LSB
1183XC
(2)
91
sb/js
1/
7
S.F.
_____
before
July
1,
2025,
shall
be
excluded
from
rate
and
charge
1
increase
limits
established
in
this
paragraph.
If
rate
and
2
charge
increases
for
sewer
services
exceed
the
limits
required
3
in
this
paragraph,
the
increased
rate
or
charge
shall
be
4
effective
at
the
start
of
the
budget
year.
The
board
shall
5
direct
the
county
commissioner
of
elections
to
submit
to
the
6
registered
voters
of
the
county
at
the
next
general
election
7
the
question
of
whether
to
accept
the
increased
rate
or
charge
8
by
the
proposed
amount.
The
result
of
the
election
shall
take
9
effect
immediately
upon
certification.
If
the
question
fails,
10
all
rates
and
charges
paid
by
customers
for
sewer
services
11
exceeding
the
limits
established
by
this
paragraph
from
the
12
beginning
of
the
current
budget
year
until
the
certification
of
13
the
general
election
shall
be
refunded
by
January
1
following
14
the
general
election.
15
Sec.
2.
Section
358.20,
subsection
1,
Code
2025,
is
amended
16
to
read
as
follows:
17
1.
a.
Any
sanitary
district
may
by
ordinance
establish
just
18
and
equitable
rates,
charges,
or
rentals
for
the
utilities
and
19
services
furnished
by
the
district
to
be
paid
to
the
district
20
by
every
person,
firm,
or
corporation
whose
premises
are
served
21
by
a
connection
to
the
utilities
and
services
directly
or
22
indirectly.
The
rates,
charges,
or
rentals,
as
near
as
may
be
23
in
the
judgment
of
the
board
of
trustees
of
the
district,
shall
24
be
equitable
and
in
proportion
to
the
services
rendered
and
the
25
cost
of
the
services,
and
taking
into
consideration
in
the
case
26
of
the
premises
the
quantity
of
sewage
produced
thereby
and
its
27
concentration,
strength,
and
pollution
qualities.
The
board
of
28
trustees
may
change
the
rates,
charges,
or
rentals
from
time
29
to
time
as
it
may
deem
advisable,
and
by
ordinance
may
provide
30
for
collection.
The
board
may
contract
with
any
municipality
31
within
the
district,
whereby
the
municipality
may
collect
or
32
assist
in
collecting
any
of
the
rates,
charges,
or
rentals,
33
whether
in
conjunction
with
water
rentals
or
otherwise,
and
34
the
municipality
may
undertake
the
collection
and
render
the
35
-2-
LSB
1183XC
(2)
91
sb/js
2/
7
S.F.
_____
service.
The
board
of
trustees
may
also
contract
pursuant
1
to
chapter
28E
with
one
or
more
city
utilities
or
combined
2
utility
systems,
including
city
utilities
established
pursuant
3
to
chapter
388
,
for
joint
billing
or
collection,
or
both,
4
of
combined
service
accounts
for
sanitary
district
services
5
and
utility
services,
and
the
contracts
may
provide
for
6
the
discontinuance
of
one
or
more
of
the
sanitary
district
7
services
or
water
utility
services
if
a
delinquency
occurs
in
8
the
payment
of
any
charges
billed
under
a
combined
service
9
account.
The
rates,
charges,
or
rentals,
if
not
paid
when
due,
10
shall
constitute
a
lien
upon
the
real
property
served
by
a
11
connection.
The
lien
shall
have
equal
precedence
with
ordinary
12
taxes,
may
be
certified
to
the
county
treasurer
and
collected
13
in
the
same
manner
as
taxes,
and
is
not
divested
by
a
judicial
14
sale.
15
b.
The
aggregate
of
the
rates
and
charges
for
sewer
16
services
shall
not
exceed
the
lower
of
one
hundred
two
percent
17
of
the
aggregate
of
the
rates
and
charges
from
the
previous
18
budget
year
or
the
percentage
increase
in
the
consumer
price
19
index
for
the
midwest
region
as
determined
by
the
United
20
States
department
of
labor,
bureau
of
labor
statistics,
or
a
21
successor
index.
Increases
to
rates
and
charges
for
sewer
22
services
planned
prior
to
July
1,
2025,
for
repayment
of
debt
23
incurred
before
July
1,
2025,
shall
be
excluded
from
rate
and
24
charge
increase
limits
established
in
this
paragraph.
If
rate
25
and
charge
increases
for
sewer
services
exceed
the
limits
26
required
in
this
paragraph,
the
increased
rate
or
charge
shall
27
be
effective
at
the
start
of
the
budget
year.
The
board
of
28
trustees
shall
direct
the
county
commissioner
of
elections
to
29
submit
to
the
registered
voters
of
the
city
at
the
next
general
30
election
the
question
of
whether
to
accept
the
increased
rate
31
or
charge
by
the
proposed
amount.
The
result
of
the
election
32
shall
take
effect
immediately
upon
certification.
If
the
33
question
fails,
all
rates
and
charges
paid
by
customers
for
34
sewer
services
over
the
limits
established
by
this
paragraph
35
-3-
LSB
1183XC
(2)
91
sb/js
3/
7
S.F.
_____
from
the
beginning
of
the
current
budget
year
until
the
1
certification
of
the
general
election
shall
be
refunded
by
2
January
1
following
the
general
election.
3
Sec.
3.
Section
358C.15,
subsection
1,
Code
2025,
is
amended
4
to
read
as
follows:
5
1.
a.
A
board
of
trustees
may
by
ordinance
establish
6
equitable
rates,
charges,
or
rentals
for
the
utilities
and
7
services
furnished
by
the
district
to
be
paid
to
the
district
8
by
every
person,
firm,
or
corporation
whose
premises
are
9
served
by
a
connection
to
the
utilities
and
services
directly
10
or
indirectly.
The
rates,
charges,
or
rentals,
as
near
as
11
may
be
in
the
judgment
of
the
board
of
trustees,
shall
be
12
equitable
and
in
proportion
to
the
services
rendered
and
the
13
cost
of
the
services,
and
taking
into
consideration
in
the
case
14
of
the
premises
the
quantity
of
sewage
or
water
produced
or
15
used
and
the
concentration,
strength,
and
pollution
qualities
16
of
the
sewage.
The
board
of
trustees
may
change
the
rates,
17
charges,
or
rentals
as
it
may
deem
advisable,
and
by
ordinance
18
may
provide
for
collection.
The
board
may
contract
with
any
19
municipality
within
the
district,
whereby
the
municipality
may
20
collect
or
assist
in
collecting
any
of
the
rates,
charges,
21
or
rentals,
whether
in
conjunction
with
water
rentals
or
22
otherwise,
and
the
municipality
may
undertake
the
collection
23
and
render
the
service.
The
rates,
charges,
or
rentals,
if
not
24
paid
when
due,
shall
constitute
a
lien
upon
the
real
property
25
served
by
a
connection.
The
lien
shall
have
equal
precedence
26
with
ordinary
taxes,
may
be
certified
to
the
county
treasurer
27
and
collected
in
the
same
manner
as
taxes,
and
is
not
divested
28
by
a
judicial
sale.
29
b.
The
aggregate
of
the
rates
and
charges
for
sewer
30
services
shall
not
exceed
the
lower
of
one
hundred
two
percent
31
of
the
aggregate
of
the
rates
and
charges
from
the
previous
32
budget
year
or
the
percentage
increase
in
the
consumer
price
33
index
for
the
midwest
region
as
determined
by
the
United
34
States
department
of
labor,
bureau
of
labor
statistics,
or
a
35
-4-
LSB
1183XC
(2)
91
sb/js
4/
7
S.F.
_____
successor
index.
Increases
to
rates
and
charges
for
sewer
1
services
planned
prior
to
July
1,
2025,
for
repayment
of
debt
2
incurred
before
July
1,
2025,
shall
be
excluded
from
rate
and
3
charge
increase
limits
established
in
this
paragraph.
If
rate
4
and
charge
increases
for
sewer
services
exceed
the
limits
5
required
in
this
paragraph,
the
increased
rate
or
charge
shall
6
be
effective
at
the
start
of
the
budget
year.
The
board
of
7
trustees
shall
direct
the
county
commissioner
of
elections
to
8
submit
to
the
registered
voters
of
the
city
at
the
next
general
9
election
the
question
of
whether
to
accept
the
increased
rate
10
or
charge
by
the
proposed
amount.
The
result
of
the
election
11
shall
take
effect
immediately
upon
certification.
If
the
12
question
fails,
all
rates
and
charges
paid
by
customers
for
13
sewer
services
over
the
limits
established
by
this
paragraph
14
from
the
beginning
of
the
current
budget
year
until
the
15
certification
of
the
general
election
shall
be
refunded
by
16
January
1
following
the
general
election.
17
Sec.
4.
Section
384.84,
subsection
1,
Code
2025,
is
amended
18
to
read
as
follows:
19
1.
a.
The
governing
body
of
a
city
utility,
combined
20
utility
system,
city
enterprise,
or
combined
city
enterprise
21
may
establish,
impose,
adjust,
and
provide
for
the
collection
22
of
rates
and
charges
to
produce
gross
revenues
at
least
23
sufficient
to
pay
the
expenses
of
operation
and
maintenance
of
24
the
city
utility,
combined
utility
system,
city
enterprise,
or
25
combined
city
enterprise.
When
revenue
bonds
or
pledge
orders
26
are
issued
and
outstanding
pursuant
to
this
subchapter
,
the
27
governing
body
shall
establish,
impose,
adjust,
and
provide
28
for
the
collection
of
rates
to
produce
gross
revenues
at
least
29
sufficient
to
pay
the
expenses
of
operation
and
maintenance
of
30
the
city
utility,
combined
utility
system,
city
enterprise,
31
or
combined
city
enterprise,
and
to
leave
a
balance
of
net
32
revenues
sufficient
to
pay
the
principal
of
and
interest
on
33
the
revenue
bonds
and
pledge
orders
as
they
become
due
and
to
34
maintain
a
reasonable
reserve
for
the
payment
of
principal
35
-5-
LSB
1183XC
(2)
91
sb/js
5/
7
S.F.
_____
and
interest,
and
a
sufficient
portion
of
net
revenues
must
1
be
pledged
for
that
purpose.
Rates
must
be
established
by
2
ordinance
of
the
council
or
by
resolution
of
the
trustees,
3
published
in
the
same
manner
as
an
ordinance.
4
b.
The
aggregate
of
the
rates
and
charges
for
sewer
services
5
shall
not
exceed
the
lower
of
one
hundred
two
percent
of
the
6
aggregate
of
the
rates
and
charges
from
the
previous
budget
7
year
or
the
percentage
increase
in
the
consumer
price
index
8
for
the
midwest
region
as
determined
by
the
United
States
9
department
of
labor,
bureau
of
labor
statistics,
or
a
successor
10
index.
Increases
to
rates
and
charges
for
sewer
services
11
planned
prior
to
July
1,
2025,
for
repayment
of
debt
incurred
12
before
July
1,
2025,
shall
be
excluded
from
rate
and
charge
13
increase
limits
established
in
this
paragraph.
If
rate
and
14
charge
increases
for
sewer
services
exceed
the
limits
required
15
in
this
paragraph,
the
increased
rate
or
charge
shall
be
16
effective
at
the
start
of
the
budget
year.
The
governing
body
17
shall
direct
the
county
commissioner
of
elections
to
submit
to
18
the
registered
voters
of
the
city
at
the
next
general
election
19
the
question
of
whether
to
accept
the
increased
rate
or
charge
20
by
the
proposed
amount.
The
result
of
the
election
shall
take
21
effect
immediately
upon
certification.
If
the
question
fails,
22
all
rates
and
charges
paid
by
customers
for
sewer
services
over
23
the
limits
established
by
this
paragraph
from
the
beginning
of
24
the
current
budget
year
until
the
certification
of
the
general
25
election
shall
be
refunded
by
January
1
following
the
general
26
election.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
creates
a
maximum
yearly
increase
allowed
for
31
sewer
rates
charged
by
counties,
cities,
and
intergovernmental
32
sewer
services.
The
bill
sets
the
maximum
increase
of
sewer
33
services
rates
and
charges
at
2
percent
more
than
the
aggregate
34
of
rates
and
charges
from
the
previous
budget
year
or
the
35
-6-
LSB
1183XC
(2)
91
sb/js
6/
7
S.F.
_____
percentage
increase
of
the
consumer
price
index
for
the
midwest
1
region,
whichever
is
lower.
The
bill
excludes
increases
to
2
rates
and
charges
planned
prior
to
July
1,
2025,
for
repayment
3
of
debt
incurred
before
July
1,
2025,
from
the
increase
limits.
4
The
bill
provides
that
if
rate
and
charge
increases
exceed
the
5
limits,
the
increased
rate
or
charge
shall
be
effective
at
6
the
start
of
the
budget
year.
The
relevant
authority
shall
7
direct
the
county
commissioner
of
elections
to
submit
to
the
8
registered
voters
of
the
jurisdiction
at
the
next
general
9
election
the
question
of
whether
to
accept
the
increased
10
rate
or
charge
by
the
proposed
amount.
The
result
of
the
11
election
shall
take
effect
immediately
upon
certification.
If
12
the
question
fails,
all
rates
and
charges
paid
by
customers
13
for
sewer
services
exceeding
the
limits
required
by
the
14
bill
from
the
beginning
of
the
current
budget
year
until
the
15
certification
of
the
general
election
shall
be
refunded
by
16
January
1
following
the
general
election.
17
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LSB
1183XC
(2)
91
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