SF 656

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