Read the full stored bill text
Senate
File
2235
-
Introduced
SENATE
FILE
2235
BY
WESTRICH
A
BILL
FOR
An
Act
relating
to
sewer
services
provided
by
a
city
utility,
1
including
establishing
procedures
for
water
that
does
not
2
enter
the
sewer
system.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
6124XS
(3)
91
sb/js
S.F.
2235
Section
1.
NEW
SECTION
.
384.84B
Sewer
charges
——
unearned
1
fees.
2
1.
The
general
assembly
finds
that
municipal
sewer
charges
3
are
intended
to
recover
costs
associated
with
actual
wastewater
4
collection,
treatment,
and
disposal.
In
cases
of
water
leaks,
5
pipe
failures,
or
similar
conditions,
water
may
be
released
6
into
soil,
ground,
or
the
environment
without
entering
the
7
sanitary
sewer
system.
Charging
sewer
service
fees
for
water
8
that
did
not
utilize
sewer
services
constitutes
a
fee
for
9
services
not
rendered.
The
retention
of
such
charges
is
10
inequitable,
unearned,
and
contrary
to
principles
of
fairness
11
and
public
trust.
It
is
therefore
the
intent
of
the
general
12
assembly
to
ensure
that
sewer
fees
are
based
on
actual
sewer
13
usage,
and
municipalities
do
not
collect
or
retain
sewer
14
charges
for
water
that
did
not
enter
the
sewer
system.
15
2.
A
city
utility
shall
not
charge,
assess,
or
retain
sewer
16
service
fees
for
water
that
is
demonstrated
to
have
not
entered
17
the
sewer
system
due
to
any
of
the
following:
18
a.
Water
line
leak.
19
b.
Service
line
failure.
20
c.
Metered
water
loss
to
ground
or
environment.
21
d.
Any
other
condition
in
which
sewer
services
were
not
22
utilized.
23
3.
Upon
reasonable
verification
of
a
qualifying
water
loss,
24
the
city
or
municipal
utility
shall
take
the
following
actions:
25
a.
Adjust
the
sewer
service
charges
for
the
affected
billing
26
period.
27
b.
Refund
any
sewer
service
fees
improperly
collected.
28
4.
a.
A
city
may
require
reasonable
documentation
to
verify
29
water
loss,
including
the
following:
30
(1)
Repair
invoices.
31
(2)
Plumber
certification.
32
(3)
Utility
inspection
reports.
33
(4)
Other
evidence
of
leakage
or
loss.
34
b.
A
city
shall
not
impose
unreasonable
evidentiary
burdens
35
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2235
or
arbitrary
denial
standards.
1
5.
Requests
for
adjustment
or
refund
shall
be
accepted
for
2
a
period
of
not
less
than
twelve
months
following
the
billing
3
date
in
which
the
water
loss
occurred.
4
6.
A
city
shall
not
adopt
an
ordinance
or
policy
or
5
otherwise
regulate
a
utility
in
a
manner
that
limits,
waives,
6
or
circumvents
the
requirements
of
this
section.
7
7.
Any
customer
believed
to
have
been
affected
by
a
8
violation
of
this
section
may
take
any
of
the
following
9
actions:
10
a.
File
a
complaint
with
the
office
of
ombudsman.
11
b.
Seek
recovery
through
civil
action
for
improperly
12
collected
fees,
including
court
costs.
13
8.
This
section
applies
to
all
city
utilities,
and
customers
14
of
the
city
utility,
operating
sewer
systems
in
Iowa.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
sewer
services
provided
by
a
city
19
utility,
including
establishing
procedures
for
water
that
does
20
not
enter
the
sewer
system.
21
The
bill
provides
findings
of
the
general
assembly
that
22
municipal
sewer
charges
are
intended
to
recover
costs
23
associated
with
actual
wastewater
collection,
treatment,
and
24
disposal.
When
water
is
lost
due
to
leaks,
pipe
failures,
25
or
similar
conditions,
and
does
not
enter
the
sewer
system,
26
charging
sewer
service
fees
for
that
water
constitutes
a
27
fee
for
services
not
rendered
and
is
inequitable.
The
bill
28
declares
the
intent
of
the
general
assembly
that
sewer
fees
29
should
be
based
on
actual
sewer
usage.
30
The
bill
prohibits
a
city
utility
from
charging,
assessing,
31
or
retaining
sewer
service
fees
for
water
that
is
demonstrated
32
to
have
not
entered
the
sewer
system
due
to
a
water
line
leak,
33
service
line
failure,
metered
water
loss
to
the
ground
or
34
environment,
or
any
other
condition
in
which
sewer
services
35
-2-
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91
sb/js
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3
S.F.
2235
were
not
utilized.
The
bill
requires,
upon
reasonable
1
verification
of
a
qualifying
water
loss,
the
city
or
municipal
2
utility
to
adjust
the
sewer
service
charges
for
the
affected
3
billing
period
and
refund
any
sewer
service
fees
that
were
4
improperly
collected.
5
The
bill
authorizes
a
city
to
require
reasonable
6
documentation
to
verify
water
loss,
including
repair
invoices,
7
plumber
certifications,
utility
inspection
reports,
or
other
8
evidence
of
leakage
or
loss.
The
bill
provides
that
a
city
9
may
not
impose
unreasonable
evidentiary
requirements
or
apply
10
arbitrary
standards
to
deny
adjustments
or
refunds.
11
The
bill
requires
requests
for
sewer
charge
adjustments
or
12
refunds
to
be
accepted
for
a
period
of
not
less
than
12
months
13
following
the
billing
date
in
which
the
water
loss
occurred.
14
The
bill
prohibits
a
city
from
adopting
an
ordinance
or
15
policy
or
otherwise
regulating
a
utility
in
a
manner
that
16
limits,
waives,
or
circumvents
the
requirements
of
the
bill.
17
The
bill
provides
that
a
customer
believed
to
have
been
18
affected
by
a
violation
of
the
bill
may
file
a
complaint
19
with
the
office
of
ombudsman
or
seek
recovery
of
improperly
20
collected
fees
through
a
civil
action,
including
court
costs.
21
The
bill
applies
to
all
city
utilities
operating
sewer
22
systems
in
Iowa
and
to
customers
of
those
city
utilities.
23
-3-
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91
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3/
3