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House File 2324 - IntroducedA Bill ForAn Act 1relating to a schedule established by the environmental
2protection commission for civil penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 455B.109, subsection 1, unnumbered
2paragraph 1, Code 2018, is amended to read as follows:
3The commission shall establish, by rule, a schedule or range
4of civil penalties which may be administratively assessed.
5The schedule shall provide procedures and criteria for the
6administrative assessment of penalties of not more than ten
7 twenty-five thousand dollars for violations of this chapter or
8rules, permits, or orders adopted or issued under this chapter.
9In adopting a schedule or range of penalties and in proposing
10or assessing a penalty, the commission and director shall
11consider among other relevant factors the following:
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to a schedule established by the
16environmental protection commission for civil penalties.
17Currently, the environmental protection commission is
18required to establish a schedule or range of civil penalties of
19not more than $10,000 that may be administratively assessed.
20Currently, if a civil penalty is more than $10,000, the civil
21penalty is not administratively assessed.
22The bill increases the maximum administratively assessed
23civil penalty amount from $10,000 to $25,000.
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2protection commission for civil penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 455B.109, subsection 1, unnumbered
2paragraph 1, Code 2018, is amended to read as follows:
3The commission shall establish, by rule, a schedule or range
4of civil penalties which may be administratively assessed.
5The schedule shall provide procedures and criteria for the
6administrative assessment of penalties of not more than ten
7 twenty-five thousand dollars for violations of this chapter or
8rules, permits, or orders adopted or issued under this chapter.
9In adopting a schedule or range of penalties and in proposing
10or assessing a penalty, the commission and director shall
11consider among other relevant factors the following:
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to a schedule established by the
16environmental protection commission for civil penalties.
17Currently, the environmental protection commission is
18required to establish a schedule or range of civil penalties of
19not more than $10,000 that may be administratively assessed.
20Currently, if a civil penalty is more than $10,000, the civil
21penalty is not administratively assessed.
22The bill increases the maximum administratively assessed
23civil penalty amount from $10,000 to $25,000.
-1-js/rn