Senate
Study
Bill
1140
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
WEBSTER)
A
BILL
FOR
An
Act
relating
to
storm
water
drainage
system
services
by
1
establishing
a
maximum
rate
increase
charged
by
governmental
2
entities
and
creating
exemptions
for
service
charges.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1180XC
(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
storm
water
28
drainage
system
services
shall
not
exceed
the
lower
of
one
29
hundred
two
percent
of
the
aggregate
of
the
rates
and
charges
30
from
the
previous
budget
year
or
the
percentage
increase
in
31
the
consumer
price
index
for
the
midwest
region
as
determined
32
by
the
United
States
department
of
labor,
bureau
of
labor
33
statistics,
or
a
successor
index.
Increases
to
rates
and
34
charges
for
storm
water
drainage
system
services
planned
prior
35
-1-
LSB
1180XC
(2)
91
sb/js
1/
7
S.F.
_____
to
July
1,
2025,
for
repayment
of
debt
incurred
before
July
1,
1
2025,
shall
be
excluded
from
rate
and
charge
increase
limits
2
established
in
this
paragraph.
If
rate
and
charge
increases
3
for
storm
water
drainage
system
services
exceed
the
limits
4
required
in
this
paragraph,
the
increased
rate
or
charge
shall
5
be
effective
at
the
start
of
the
budget
year.
The
board
shall
6
direct
the
county
commissioner
of
elections
to
submit
to
the
7
registered
voters
of
the
county
at
the
next
general
election
8
the
question
of
whether
to
accept
the
increased
rate
or
charge
9
by
the
proposed
amount.
The
result
of
the
election
shall
10
take
effect
immediately
upon
certification.
If
the
question
11
fails,
all
rates
and
charges
paid
by
customers
for
storm
water
12
drainage
system
services
exceeding
the
limits
established
13
by
this
paragraph
from
the
beginning
of
the
current
budget
14
year
until
the
certification
of
the
general
election
shall
be
15
refunded
by
January
1
following
the
general
election.
16
Sec.
2.
Section
331.465,
Code
2025,
is
amended
by
adding
the
17
following
new
subsections:
18
NEW
SUBSECTION
.
3.
If
the
real
property
served
by
a
19
connection
to
storm
water
drainage
system
services
retains
at
20
least
one
and
one-half
inches
of
standing
water
at
any
point
21
during
a
billing
cycle,
the
board
shall
not
charge
the
real
22
property
for
storm
water
drainage
system
services
for
the
23
billing
cycle.
24
NEW
SUBSECTION
.
4.
If
the
real
property
served
by
a
25
connection
to
storm
water
drainage
system
services
contains
26
within
the
property
a
retention
pond
for
storm
water
purposes
27
that
meets
the
requirements
provided
in
the
national
pollutant
28
discharge
elimination
system
general
permit
no.
2
as
issued
by
29
the
department
of
natural
resources,
the
board
shall
not
charge
30
the
real
property
for
storm
water
drainage
system
services.
31
Sec.
3.
Section
358C.15,
subsection
1,
Code
2025,
is
amended
32
to
read
as
follows:
33
1.
a.
A
board
of
trustees
may
by
ordinance
establish
34
equitable
rates,
charges,
or
rentals
for
the
utilities
and
35
-2-
LSB
1180XC
(2)
91
sb/js
2/
7
S.F.
_____
services
furnished
by
the
district
to
be
paid
to
the
district
1
by
every
person,
firm,
or
corporation
whose
premises
are
2
served
by
a
connection
to
the
utilities
and
services
directly
3
or
indirectly.
The
rates,
charges,
or
rentals,
as
near
as
4
may
be
in
the
judgment
of
the
board
of
trustees,
shall
be
5
equitable
and
in
proportion
to
the
services
rendered
and
the
6
cost
of
the
services,
and
taking
into
consideration
in
the
case
7
of
the
premises
the
quantity
of
sewage
or
water
produced
or
8
used
and
the
concentration,
strength,
and
pollution
qualities
9
of
the
sewage.
The
board
of
trustees
may
change
the
rates,
10
charges,
or
rentals
as
it
may
deem
advisable,
and
by
ordinance
11
may
provide
for
collection.
The
board
may
contract
with
any
12
municipality
within
the
district,
whereby
the
municipality
may
13
collect
or
assist
in
collecting
any
of
the
rates,
charges,
14
or
rentals,
whether
in
conjunction
with
water
rentals
or
15
otherwise,
and
the
municipality
may
undertake
the
collection
16
and
render
the
service.
The
rates,
charges,
or
rentals,
if
not
17
paid
when
due,
shall
constitute
a
lien
upon
the
real
property
18
served
by
a
connection.
The
lien
shall
have
equal
precedence
19
with
ordinary
taxes,
may
be
certified
to
the
county
treasurer
20
and
collected
in
the
same
manner
as
taxes,
and
is
not
divested
21
by
a
judicial
sale.
22
b.
The
aggregate
of
the
rates
and
charges
for
storm
water
23
drainage
system
services
shall
not
exceed
the
lower
of
one
24
hundred
two
percent
of
the
aggregate
of
the
rates
and
charges
25
from
the
previous
budget
year
or
the
percentage
increase
in
26
the
consumer
price
index
for
the
midwest
region
as
determined
27
by
the
United
States
department
of
labor,
bureau
of
labor
28
statistics,
or
a
successor
index.
Increases
to
rates
and
29
charges
for
storm
water
drainage
system
services
planned
prior
30
to
July
1,
2025,
for
repayment
of
debt
incurred
before
July
1,
31
2025,
shall
be
excluded
from
rate
and
charge
increase
limits
32
established
in
this
paragraph.
If
rate
and
charge
increases
33
for
storm
water
drainage
system
services
exceed
the
limits
34
required
in
this
paragraph,
the
increased
rate
or
charge
shall
35
-3-
LSB
1180XC
(2)
91
sb/js
3/
7
S.F.
_____
be
effective
at
the
start
of
the
budget
year.
The
board
of
1
trustees
shall
direct
the
county
commissioner
of
elections
to
2
submit
to
the
registered
voters
of
the
city
at
the
next
general
3
election
the
question
of
whether
to
accept
the
increased
4
rate
or
charge
by
the
proposed
amount.
The
result
of
the
5
election
shall
take
effect
immediately
upon
certification.
If
6
the
question
fails,
all
rates
and
charges
paid
by
customers
7
for
storm
water
drainage
system
services
over
the
limits
8
established
by
this
paragraph
from
the
beginning
of
the
current
9
budget
year
until
the
certification
of
the
general
election
10
shall
be
refunded
by
January
1
following
the
general
election.
11
Sec.
4.
Section
358C.15,
Code
2025,
is
amended
by
adding
the
12
following
new
subsections:
13
NEW
SUBSECTION
.
3.
If
the
real
property
served
by
a
14
connection
to
storm
water
drainage
system
services
retains
at
15
least
one
and
one-half
inches
of
standing
water
at
any
point
16
during
a
billing
cycle,
the
district
shall
not
charge
the
real
17
property
for
storm
water
drainage
system
services
for
the
18
billing
cycle.
19
NEW
SUBSECTION
.
4.
If
the
real
property
served
by
a
20
connection
to
storm
water
drainage
system
services
contains
21
within
the
property
a
retention
pond
for
storm
water
purposes
22
that
meets
the
requirements
provided
in
the
national
pollutant
23
discharge
elimination
system
general
permit
no.
2
as
issued
24
by
the
department
of
natural
resources,
the
district
shall
25
not
charge
the
real
property
for
storm
water
drainage
system
26
services.
27
Sec.
5.
Section
384.84,
subsection
1,
Code
2025,
is
amended
28
to
read
as
follows:
29
1.
a.
The
governing
body
of
a
city
utility,
combined
30
utility
system,
city
enterprise,
or
combined
city
enterprise
31
may
establish,
impose,
adjust,
and
provide
for
the
collection
32
of
rates
and
charges
to
produce
gross
revenues
at
least
33
sufficient
to
pay
the
expenses
of
operation
and
maintenance
of
34
the
city
utility,
combined
utility
system,
city
enterprise,
or
35
-4-
LSB
1180XC
(2)
91
sb/js
4/
7
S.F.
_____
combined
city
enterprise.
When
revenue
bonds
or
pledge
orders
1
are
issued
and
outstanding
pursuant
to
this
subchapter
,
the
2
governing
body
shall
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
of
5
the
city
utility,
combined
utility
system,
city
enterprise,
6
or
combined
city
enterprise,
and
to
leave
a
balance
of
net
7
revenues
sufficient
to
pay
the
principal
of
and
interest
on
8
the
revenue
bonds
and
pledge
orders
as
they
become
due
and
to
9
maintain
a
reasonable
reserve
for
the
payment
of
principal
10
and
interest,
and
a
sufficient
portion
of
net
revenues
must
11
be
pledged
for
that
purpose.
Rates
must
be
established
by
12
ordinance
of
the
council
or
by
resolution
of
the
trustees,
13
published
in
the
same
manner
as
an
ordinance.
14
b.
The
aggregate
of
the
rates
and
charges
for
storm
water
15
drainage
system
services
shall
not
exceed
the
lower
of
one
16
hundred
two
percent
of
the
aggregate
of
the
rates
and
charges
17
from
the
previous
budget
year
or
the
percentage
increase
in
18
the
consumer
price
index
for
the
midwest
region
as
determined
19
by
the
United
States
department
of
labor,
bureau
of
labor
20
statistics,
or
a
successor
index.
Increases
to
rates
and
21
charges
for
storm
water
drainage
system
services
planned
prior
22
to
July
1,
2025,
for
repayment
of
debt
incurred
before
July
1,
23
2025,
shall
be
excluded
from
rate
and
charge
increase
limits
24
established
in
this
paragraph.
If
rate
and
charge
increases
25
for
storm
water
drainage
system
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
governing
28
body
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
31
rate
or
charge
by
the
proposed
amount.
The
result
of
the
32
election
shall
take
effect
immediately
upon
certification.
If
33
the
question
fails,
all
rates
and
charges
paid
by
customers
34
for
storm
water
drainage
system
services
over
the
limits
35
-5-
LSB
1180XC
(2)
91
sb/js
5/
7
S.F.
_____
established
by
this
paragraph
from
the
beginning
of
the
current
1
budget
year
until
the
certification
of
the
general
election
2
shall
be
refunded
by
January
1
following
the
general
election.
3
Sec.
6.
Section
384.84,
Code
2025,
is
amended
by
adding
the
4
following
new
subsections:
5
NEW
SUBSECTION
.
12.
If
the
real
property
served
by
a
6
connection
to
storm
water
drainage
system
services
retains
at
7
least
one
and
one-half
inches
of
standing
water
at
any
point
8
during
a
billing
cycle,
the
governing
body
shall
not
charge
the
9
real
property
for
storm
water
drainage
system
services
for
the
10
billing
cycle.
11
NEW
SUBSECTION
.
13.
If
the
real
property
served
by
a
12
connection
to
storm
water
drainage
system
services
contains
13
within
the
property
a
retention
pond
for
storm
water
purposes
14
that
meets
the
requirements
provided
in
the
national
pollutant
15
discharge
elimination
system
general
permit
no.
2
as
issued
by
16
the
department
of
natural
resources,
the
governing
body
shall
17
not
charge
the
real
property
for
storm
water
drainage
system
18
services.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
creates
a
maximum
yearly
increase
allowed
for
23
storm
water
drainage
system
rates
charged
by
counties,
24
cities,
and
intergovernmental
storm
water
drainage
system
25
service
providers.
The
bill
sets
the
maximum
increase
of
26
storm
water
drainage
system
services
rates
and
charges
at
2
27
percent
more
than
the
aggregate
of
rates
and
charges
from
28
the
previous
budget
year
or
the
percentage
increase
of
the
29
consumer
price
index
for
the
midwest
region,
whichever
is
30
lower.
The
bill
excludes
increases
to
rates
and
charges
31
planned
prior
to
July
1,
2025,
for
repayment
of
debt
incurred
32
before
July
1,
2025,
from
the
increase
limits.
The
bill
33
provides
that
if
rate
and
charge
increases
exceed
the
limits,
34
the
increased
rate
or
charge
shall
be
effective
at
the
start
35
-6-
LSB
1180XC
(2)
91
sb/js
6/
7
S.F.
_____
of
the
budget
year.
The
relevant
authority
shall
direct
the
1
county
commissioner
of
elections
to
submit
to
the
registered
2
voters
of
the
jurisdiction
at
the
next
general
election
the
3
question
of
whether
to
accept
the
increased
rate
or
charge
4
by
the
proposed
amount.
The
result
of
the
election
shall
5
take
effect
immediately
upon
certification.
If
the
question
6
fails,
all
rates
and
charges
paid
by
customers
for
storm
water
7
drainage
system
services
exceeding
the
limits
required
by
the
8
bill
from
the
beginning
of
the
current
budget
year
until
the
9
certification
of
the
general
election
shall
be
refunded
by
10
January
1
following
the
general
election.
11
The
bill
also
prohibits
counties,
cities,
and
real
estate
12
improvement
districts
from
charging
for
storm
water
drainage
13
system
services
for
billing
months
when
the
connected
real
14
property
at
any
point
retains
at
least
1.5
inches
of
standing
15
water.
16
The
bill
prohibits
counties,
cities,
and
real
estate
17
improvement
districts
from
charging
for
storm
water
drainage
18
system
services
if
the
connected
real
property
contains
within
19
the
property
a
retention
pond
for
storm
water
purposes
that
20
meets
the
requirements
provided
in
the
national
pollutant
21
discharge
elimination
system
general
permit
no.
2
as
issued
by
22
the
department
of
natural
resources.
23
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LSB
1180XC
(2)
91
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