Iowa 2011 bill text

A BILL FOR An Act relating to recycling by repealing beverage container
1 control laws, increasing littering fines, changing waste
2 volume reduction goals, and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2265YC (2) 84 tm/nh

H.F. _____ DIVISION I
1 BOTTLE BILL REPEAL
2 Section 1. Section 123.24, subsection 5, Code 2011, is
3 amended to read as follows:
4 5. Notwithstanding subsection 4 , the division shall assess
5 a bottle surcharge to be included in the price of alcoholic
6 liquor in an amount sufficient , when added to the amount not
7 refunded to class “E” liquor control licensees pursuant to
8 section 455C.2 , to pay the costs incurred by the division for
9 collecting and properly disposing of the liquor containers.
10 The amount collected pursuant to this subsection , in addition
11 to any amounts not refunded to class “E” liquor control
12 licensees pursuant to section 455C.2 , shall be deposited in the
13 beer and liquor control fund established under section 123.53 .
14 Sec. 2. Section 123.26, Code 2011, is amended to read as
15 follows:
16 123.26 Restrictions on sales —— seals —— labeling.
17 Alcoholic liquor shall not be sold by a class “E” liquor
18 control licensee except in a sealed container with identifying
19 markers as prescribed by the administrator and affixed in the
20 manner prescribed by the administrator, and no such container
21 shall be opened upon the premises of a state warehouse. The
22 division shall cooperate with the department of natural
23 resources so that only one identifying marker or mark is needed
24 to satisfy the requirements of this section and section 455C.5,
25 subsection 1 . Possession of alcoholic liquors which do not
26 carry the prescribed identifying markers is a violation of this
27 chapter except as provided in section 123.22 .
28 Sec. 3. Section 123.187, subsection 4, paragraph b, Code
29 2011, is amended by striking the paragraph.
30 Sec. 4. Section 423.6, subsection 3, paragraph a, Code 2011,
31 is amended to read as follows:
32 a. Any tangible personal property including containers which
33 it is intended shall, by means of fabrication, compounding,
34 manufacturing, or germination, become an integral part of other
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H.F. _____ tangible personal property intended to be sold ultimately at
1 retail , and containers used in the collection, recovery, or
2 return of empty beverage containers subject to chapter 455C .
3 Sec. 5. Section 455A.4, subsection 1, paragraph b, Code
4 2011, is amended to read as follows:
5 b. Provide overall supervision, direction, and coordination
6 of functions to be administered by the administrators under
7 chapters 321G , 321I , 455B , 455C , 456 , 456A , 456B , 457A , 458A ,
8 459 , 459A , 459B , 461A , 462A , 462B , 464A , 465C , 473 , 481A , 481B ,
9 483A , 484A , and 484B .
10 Sec. 6. Section 455A.6, subsection 6, paragraphs a, b, and
11 d, Code 2011, are amended to read as follows:
12 a. Establish policy for the department and adopt rules,
13 pursuant to chapter 17A , necessary to provide for the effective
14 administration of chapter 455B , 455C , or 459 .
15 b. Hear appeals in contested cases pursuant to chapter 17A
16 on matters relating to actions taken by the director under
17 chapter 455C , 458A , 464B , or 473 .
18 d. Approve the budget request prepared by the director
19 for the programs authorized by chapters 455B , 455C , 455E ,
20 455F , 455H , and 459, subchapters II and III . The commission
21 shall approve the budget request prepared by the director for
22 programs subject to the rulemaking authority of the commission.
23 The commission may increase, decrease, or strike any item
24 within the department budget request for the specified programs
25 before granting approval.
26 Sec. 7. Section 455B.313, subsection 1, Code 2011, is
27 amended to read as follows:
28 1. A distributor as defined in section 455C.1, subsection
29 9 , shall not sell or offer to sell any beverage container
30 if the beverage container is connected to another beverage
31 container by a device constructed of a material which is
32 not biodegradable or photodegradable. For purposes of this
33 section, “distributor” means any person who engages in the sale
34 of beverages in beverage containers to a dealer in this state,
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H.F. _____ including any manufacturer who engages in such sales.
1 Sec. 8. NEW SECTION . 455D.17 Beverage containers ——
2 disposal at sanitary landfill prohibited.
3 The final disposal of beverage containers, as defined in
4 section 455B.301, in a sanitary landfill is prohibited.
5 Sec. 9. REPEAL. Chapter 455C, Code 2011, is repealed.
6 DIVISION II
7 LITTERING FINES —— LITTER CLEANUP GRANTS
8 Sec. 10. NEW SECTION . 455B.326 Litter cleanup grant fund.
9 1. A litter cleanup grant fund is created in the state
10 treasury under the control of the department consisting of
11 moneys deposited in the fund pursuant to section 602.8108,
12 subsection 9, moneys appropriated by the general assembly, and
13 any other money available to and obtained or accepted by the
14 department for placement in the fund.
15 2. Moneys in the fund are appropriated to the department
16 for purposes of providing grants to nonprofit organizations for
17 litter cleanup activities in neighborhoods and along highways.
18 3. Moneys credited to the fund are not subject to section
19 8.33. Notwithstanding section 12C.7, interest or earnings on
20 moneys in the fund shall be credited to the fund.
21 Sec. 11. Section 602.8108, subsection 9, Code 2011, is
22 amended to read as follows:
23 9. The state court administrator shall allocate fifty one
24 hundred percent of all of the fines attributable to littering
25 citations issued pursuant to sections 321.369 , 321.370 , and
26 461A.43 to the treasurer of state for deposit in the general
27 fund of the state and . Fifty percent of such moneys are
28 appropriated to the state department of transportation for
29 purposes of the cleanup of litter and illegally discarded solid
30 waste and fifty percent of such moneys are appropriated to
31 the department of natural resources for deposit in the litter
32 cleanup grant fund created in section 455B.326 .
33 Sec. 12. Section 805.8A, subsection 14, paragraph d, Code
34 2011, is amended to read as follows:
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H.F. _____ d. Litter and debris violations. For violations under
1 sections 321.369 and 321.370 , the scheduled fine is seventy one
2 hundred fifty dollars.
3 Sec. 13. Section 805.8B, subsection 6, paragraph e, Code
4 2011, is amended to read as follows:
5 e. For violations under section 461A.43 , the scheduled fine
6 is thirty seventy-five dollars.
7 DIVISION III
8 WASTE REDUCTION GOALS
9 Sec. 14. Section 455B.310, subsection 4, unnumbered
10 paragraph 1, Code 2011, is amended to read as follows:
11 If a planning area achieves the fifty sixty percent waste
12 reduction goal provided in section 455D.3 , ninety-five cents of
13 the tonnage fee shall be retained by a city, county, or public
14 or private agency. If the fifty sixty percent waste reduction
15 goal has not been met, one dollar and twenty cents of the
16 tonnage fee shall be retained by a city, county, or public or
17 private agency. Moneys retained by a city, county, or public
18 or private agency shall be used as follows:
19 Sec. 15. Section 455B.310, subsection 4, paragraph b, Code
20 2011, is amended to read as follows:
21 b. If a planning area achieves the fifty sixty percent waste
22 reduction goal provided in section 455D.3 , forty-five cents of
23 the retained funds shall be used for implementing waste volume
24 reduction and recycling requirements of comprehensive plans
25 filed under section 455B.306 . If the fifty sixty percent waste
26 reduction goal has not been met, seventy cents of the retained
27 funds shall be used for implementing waste volume reduction
28 and recycling requirements of comprehensive plans filed under
29 section 455B.306 . The funds shall be distributed to a city,
30 county, or public agency served by the sanitary disposal
31 project. Fees collected by a private agency which provides
32 for the final disposal of solid waste shall be remitted to the
33 city, county, or public agency served by the sanitary disposal
34 project. However, if a private agency is designated to develop
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H.F. _____ and implement the comprehensive plan pursuant to section
1 455B.306 , fees under this paragraph shall be retained by the
2 private agency.
3 Sec. 16. Section 455B.310, subsection 7, Code 2011, is
4 amended to read as follows:
5 7. Fees imposed by this section shall be paid to the
6 department on a quarterly basis with payment due by no more
7 than ninety days following the quarter during which the fees
8 were collected. The payment shall be accompanied by a return
9 which shall identify the amount of fees to be allocated to
10 the landfill alternative financial assistance program, the
11 amount of fees, in terms of cents per ton, retained for meeting
12 waste reduction and recycling goals under section 455D.3 , and
13 additional fees imposed for failure to meet the twenty-five
14 fifty percent waste reduction and recycling goal under section
15 455D.3 . Sanitary landfills serving more than one planning area
16 shall submit separate reports for each planning area.
17 Sec. 17. Section 455D.3, Code 2011, is amended to read as
18 follows:
19 455D.3 Goals for waste stream reduction —— procedures ——
20 reductions and increases in fees.
21 1. Year 1994 2016 and 2000 2021 goals.
22 a. The goal of the state is to reduce the amount of
23 materials in the waste stream, existing as of July 1, 1988
24 2011 , twenty-five fifty percent by July 1, 1994 2016 , and fifty
25 sixty percent by July 1, 2000 2021 , through the practice of
26 waste volume reduction at the source and through recycling.
27 For the purposes of this section , “waste stream” means the
28 disposal of solid waste as “solid waste” is defined in section
29 455B.301 .
30 b. Notwithstanding section 455D.1, subsection 6 , facilities
31 which employ combustion of solid waste with energy recovery
32 and refuse-derived fuel, which are included in an approved
33 comprehensive plan, may include these processes in the
34 definition of recycling for the purpose of meeting the state
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H.F. _____ goal if at least thirty-five percent of the waste reduction
1 goal, required to be met by July 1, 2000 2021 , pursuant to
2 this section , is met through volume reduction at the source
3 and recycling and reuse, as established pursuant to section
4 455B.301A, subsection 1 , paragraphs “a” and “b” .
5 2. Projected waste stream —— year 2000 2021 . A planning
6 area may request the department to allow the planning area to
7 project the planning area’s waste stream for the year 2000
8 2021 for purposes of meeting the year 2000 fifty 2021 sixty
9 percent waste volume reduction and recycling goals required
10 by this section . The department shall make a determination
11 of the eligibility to use this option based upon the annual
12 tonnage of solid waste processed by the planning area and
13 the population density of the area the planning area serves.
14 If the department agrees to allow the planning area to make
15 year 2000 2021 waste stream projections, the planning area
16 shall calculate the year 2000 2021 projections and submit the
17 projections to the department for approval. The planning area
18 shall use data which is current as of July 1, 1994 2011 , and
19 shall take into account population, employment, and industrial
20 changes and documented diversions due to existing programs.
21 The planning area shall use the departmental methodology to
22 calculate the tonnage necessary to be diverted from landfills
23 in order to meet the year 2000 fifty 2021 sixty percent waste
24 volume reduction and recycling goals required by this section .
25 Once the department approves the year 2000 2021 projections,
26 the projections shall not be changed prior to the year 2001
27 2022 .
28 3. Departmental monitoring.
29 a. (1) By October 31, 1994 2016 , a planning area shall
30 submit to the department a solid waste abatement table which is
31 updated through June 30, 1994 2016 . By April 1, 1995 2017 , the
32 department shall report to the general assembly on the progress
33 that has been made by each planning area on attainment of the
34 July 1, 1994, twenty-five 2016, fifty percent goal.
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H.F. _____ (2) If at any time the department determines that a planning
1 area has met or exceeded the twenty-five fifty percent goal,
2 but has not met or exceeded the fifty sixty percent goal, a
3 planning area shall subtract sixty cents from the total amount
4 of the tonnage fee imposed pursuant to section 455B.310 . If at
5 any time the department determines that a planning area has met
6 or exceeded the fifty sixty percent goal, a planning area shall
7 subtract fifty cents from the total amount of the tonnage fee
8 imposed pursuant to section 455B.310 . The reduction in tonnage
9 fees pursuant to this paragraph shall be taken from that
10 portion of the tonnage fees which would have been allocated for
11 funding alternatives to landfills pursuant to section 455E.11,
12 subsection 2 , paragraph “a” , subparagraph (1).
13 (3) If the department determines that a planning area
14 has failed to meet the July 1, 1994, twenty-five 2016, fifty
15 percent goal, the planning area shall, at a minimum, implement
16 the solid waste management techniques as listed in subsection
17 4 . Evidence of implementation of the solid waste management
18 techniques shall be documented in subsequent comprehensive
19 plans submitted to the department.
20 b. (1) By October 31, 2000 2021 , a planning area shall
21 submit to the department, a solid waste abatement table which
22 is updated through June 30, 2000 2021 . By April 1, 2001 2022 ,
23 the department shall report to the general assembly on the
24 progress that has been made by each planning area on attainment
25 of the July 1, 2000, fifty 2021, sixty percent goal.
26 (2) If at any time the department determines that a planning
27 area has met or exceeded the fifty sixty percent goal, the
28 planning area shall subtract fifty cents from the total amount
29 of the tonnage fee imposed pursuant to section 455B.310 . This
30 amount shall be in addition to any amount subtracted pursuant
31 to paragraph “a” of this subsection . The reduction in tonnage
32 fees pursuant to this paragraph shall be taken from that
33 portion of the tonnage fees which would have been allocated to
34 funding alternatives to landfills pursuant to section 455E.11,
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H.F. _____ subsection 2 , paragraph “a” , subparagraph (1). Except for fees
1 required under subsection 4 , paragraph “a” , a planning area
2 failing to meet the fifty sixty percent goal is not required to
3 remit any additional tonnage fees to the department.
4 4. Solid waste management techniques. A planning area
5 that fails to meet the twenty-five fifty percent goal shall
6 implement the following solid waste management techniques:
7 a. Remit fifty cents per ton to the department, as of July
8 1, 1995. The funds shall be deposited in the solid waste
9 account under section 455E.11, subsection 2 , paragraph “a” ,
10 to be used for funding alternatives to landfills pursuant to
11 section 455E.11, subsection 2 , paragraph “a” , subparagraph (1).
12 Moneys under this paragraph shall be remitted until such time
13 as evidence of attainment of the twenty-five fifty percent goal
14 is documented in subsequent comprehensive plans submitted to
15 the department.
16 b. Notify the public of the planning area’s failure to meet
17 the waste volume reduction goals of this section , utilizing
18 standard language developed by the department for that purpose.
19 c. Develop draft ordinances which shall be used by local
20 governments for establishing collection fees that are based
21 on volume or on the number of containers used for disposal by
22 residents.
23 d. Conduct an educational and promotional program to inform
24 citizens of the manner and benefits of reducing, reusing, and
25 recycling materials and the procurement of products made with
26 recycled content. The program shall include the following:
27 (1) Targeted waste reduction and recycling education for
28 residents, including multifamily dwelling complexes having five
29 or more units.
30 (2) An intensive one-day seminar for the commercial sector
31 regarding the benefits of and opportunities for waste reduction
32 and recycling.
33 (3) Promotion of recycling through targeted community and
34 media events.
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H.F. _____ (4) Recycling notification and education packets to all new
1 residential, commercial, and institutional collection service
2 customers that include, at a minimum, the manner of preparation
3 of materials for collection, and the reasons for separation of
4 materials for recycling.
5 5. Environmental management systems. A planning area
6 designated as an environmental management system pursuant to
7 section 455J.7 is exempt from the waste stream reduction goals
8 of this section .
9 6. By November 1 of each year, the department shall submit
10 a report to the governor and the general assembly regarding the
11 progress of planning areas in meeting the waste reduction goals
12 of this section.
13 EXPLANATION
14 This bill relates to recycling by repealing beverage
15 container control laws, increasing littering fines, changing
16 waste volume reduction goals, and making penalties applicable.
17 The bill is organized by divisions.
18 BOTTLE BILL REPEAL. This division repeals Code chapter 455C
19 relating to the control of beverage containers, more commonly
20 known as the bottle bill. The division prohibits the final
21 disposal of beverage containers in a sanitary landfill. The
22 division makes conforming amendments.
23 LITTERING FINES —— LITTER CLEANUP GRANTS. The division
24 increases the scheduled fines for littering and placing
25 debris on public highways from $70 to $150 and increases the
26 scheduled fine for littering in a state park or preserve from
27 $30 to $75. Currently, 50 percent of both scheduled fines
28 are deposited in the general fund and appropriated to the
29 department of transportation for purposes of litter cleanup.
30 The division provides that 100 percent of both scheduled fines
31 are to be deposited in the general fund, with 50 percent of the
32 moneys appropriated to the department of transportation for
33 litter cleanup and 50 percent appropriated to the department
34 of natural resources for deposit in the newly created litter
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SENATE FILE 249 BY JOCHUM

A BILL FOR An Act relating to recycling by repealing beverage container
1 control laws, creating universal recycling requirements,
2 increasing littering fines, changing waste volume reduction
3 goals, implementing a recycling fee, making appropriations,
4 and making penalties applicable.

5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1539XS (12) 84 tm/nh

S.F. 249 DIVISION I
1 BOTTLE BILL REPEAL
2 Section 1. Section 123.24, subsection 5, Code 2011, is
3 amended to read as follows:
4 5. Notwithstanding subsection 4 , the division shall assess
5 a bottle surcharge to be included in the price of alcoholic
6 liquor in an amount sufficient , when added to the amount not
7 refunded to class “E” liquor control licensees pursuant to
8 section 455C.2 , to pay the costs incurred by the division for
9 collecting and properly disposing of the liquor containers.
10 The amount collected pursuant to this subsection , in addition
11 to any amounts not refunded to class “E” liquor control
12 licensees pursuant to section 455C.2 , shall be deposited in the
13 beer and liquor control fund established under section 123.53 .
14 Sec. 2. Section 123.26, Code 2011, is amended to read as
15 follows:
16 123.26 Restrictions on sales —— seals —— labeling.
17 Alcoholic liquor shall not be sold by a class “E” liquor
18 control licensee except in a sealed container with identifying
19 markers as prescribed by the administrator and affixed in the
20 manner prescribed by the administrator, and no such container
21 shall be opened upon the premises of a state warehouse. The
22 division shall cooperate with the department of natural
23 resources so that only one identifying marker or mark is needed
24 to satisfy the requirements of this section and section 455C.5,
25 subsection 1 . Possession of alcoholic liquors which do not
26 carry the prescribed identifying markers is a violation of this
27 chapter except as provided in section 123.22 .
28 Sec. 3. Section 123.187, subsection 4, paragraph b, Code
29 2011, is amended by striking the paragraph.
30 Sec. 4. Section 423.6, subsection 3, paragraph a, Code 2011,
31 is amended to read as follows:
32 a. Any tangible personal property including containers which
33 it is intended shall, by means of fabrication, compounding,
34 manufacturing, or germination, become an integral part of other
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S.F. 249 tangible personal property intended to be sold ultimately at
1 retail , and containers used in the collection, recovery, or
2 return of empty beverage containers subject to chapter 455C .
3 Sec. 5. Section 455A.4, subsection 1, paragraph b, Code
4 2011, is amended to read as follows:
5 b. Provide overall supervision, direction, and coordination
6 of functions to be administered by the administrators under
7 chapters 321G , 321I , 455B , 455C , 456 , 456A , 456B , 457A , 458A ,
8 459 , 459A , 459B , 461A , 462A , 462B , 464A , 465C , 473 , 481A , 481B ,
9 483A , 484A , and 484B .
10 Sec. 6. Section 455A.6, subsection 6, paragraphs a, b, and
11 d, Code 2011, are amended to read as follows:
12 a. Establish policy for the department and adopt rules,
13 pursuant to chapter 17A , necessary to provide for the effective
14 administration of chapter 455B , 455C , or 459 .
15 b. Hear appeals in contested cases pursuant to chapter 17A
16 on matters relating to actions taken by the director under
17 chapter 455C , 458A , 464B , or 473 .
18 d. Approve the budget request prepared by the director
19 for the programs authorized by chapters 455B , 455C , 455E ,
20 455F , 455H , and 459, subchapters II and III . The commission
21 shall approve the budget request prepared by the director for
22 programs subject to the rulemaking authority of the commission.
23 The commission may increase, decrease, or strike any item
24 within the department budget request for the specified programs
25 before granting approval.
26 Sec. 7. Section 455B.313, subsection 1, Code 2011, is
27 amended to read as follows:
28 1. A distributor as defined in section 455C.1, subsection
29 9 , shall not sell or offer to sell any beverage container
30 if the beverage container is connected to another beverage
31 container by a device constructed of a material which is
32 not biodegradable or photodegradable. For purposes of this
33 section, “distributor” means any person who engages in the sale
34 of beverages in beverage containers to a dealer in this state,
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S.F. 249 including any manufacturer who engages in such sales.
1 Sec. 8. REPEAL. Chapter 455C, Code 2011, is repealed.
2 DIVISION II
3 UNIVERSAL RECYCLING
4 Sec. 9. Section 455B.301, subsections 3 and 4, Code 2011,
5 are amended by striking the subsections and inserting in lieu
6 thereof the following:
7 3. “Beverage” includes but is not limited to wine, alcoholic
8 liquor, and beer, all as defined in section 123.3, and any
9 nonalcoholic carbonated or noncarbonated drinks, excluding
10 grade “A” milk and milk products as specified in the grade “A”
11 pasteurized milk ordinance, as provided in section 192.102, in
12 liquid form and intended for human consumption. “Beverage” does
13 not include any of the following:
14 a. A liquid that is any of the following:
15 (1) A syrup.
16 (2) In a concentrated form.
17 (3) Typically added as a minor flavoring ingredient in
18 food or drink, such as extracts, cooking additives, sauces, or
19 condiments.
20 b. A liquid that is ingested in very small quantities and
21 consumed for medicinal purposes only.
22 c. A liquid that is designated and consumed only as a
23 nutritional supplement, as defined by the department, and not
24 as a beverage.
25 d. Products frozen at the time of sale to the consumer,
26 or, in the case of institutional users such as hospitals and
27 nursing homes, at a time of sale to such users.
28 e. Products designed to be consumed in a frozen state.
29 f. Instant drink powders.
30 g. Seafood, meat, or vegetable broths or soups but not
31 juices.
32 h. Farm-produced apple cider that has not been heated,
33 pasteurized, or otherwise processed.
34 i. Infant formula.
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S.F. 249 4. “Beverage container” means any bottle, can, jar, or
1 other container made of glass, metal, or plastic containing a
2 beverage which has been sealed by a manufacturer. “Beverage
3 container” for noncarbonated drinks, excluding alcoholic
4 liquor, wine, and fruit juices and drinks, includes only
5 those containers with a maximum capacity of not more than two
6 liters and not less than one hundred forty-seven milliliters.
7 “Beverage containers” made of high-density polyethylene for
8 fruit juices and drinks includes only those containers with a
9 maximum capacity of less than one-half gallon.
10 Sec. 10. Section 455B.301, Code 2011, is amended by adding
11 the following new subsections:
12 NEW SUBSECTION . 4A. “Beverage manufacturer” means a person
13 who bottles, cans, or otherwise fills beverage containers for
14 sale to distributors or dealers.
15 NEW SUBSECTION . 7A. “Dealer” means a person who engages in
16 the sale of beverages in beverage containers to a consumer.
17 NEW SUBSECTION . 8A. “Distributor” means a person who
18 engages in the sale of beverages in beverage containers to a
19 dealer in this state, including a beverage manufacturer who
20 engages in such sales.
21 NEW SUBSECTION . 13A. “On-premises sale” means a sales
22 transaction in which a beverage in a beverage container is
23 purchased by a consumer for immediate consumption within the
24 area under the control of the dealer.
25 NEW SUBSECTION . 18A. “Recyclable material” means any
26 material or group of materials that can be collected and sold
27 or used for recycling purposes. Beginning July 1, 2016,
28 “recyclable material” shall include all organic waste.
29 NEW SUBSECTION . 22A. “Single stream recycling” means
30 a system in which recyclable material is commingled for
31 collection into one container instead of being sorted into
32 separate commodities.
33 NEW SUBSECTION . 23A. “Source-separated recycling” means
34 a system in which recyclable material is segregated at the
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S.F. 249 point of generation and kept apart from the waste stream by the
1 generator of the recyclable material for purposes of collection
2 and recycling.
3 Sec. 11. Section 455B.304, Code 2011, is amended by adding
4 the following new subsection:
5 NEW SUBSECTION . 20. The commission shall adopt rules
6 necessary for the administration of sections 455B.321 through
7 455B.324.
8 Sec. 12. Section 455B.306, subsection 1, paragraph a, Code
9 2011, is amended to read as follows:
10 a. All cities and counties shall also file with the director
11 a comprehensive plan detailing the method by which the city or
12 county will comply with the requirements of section 455B.302 to
13 establish and implement a comprehensive solid waste reduction
14 program for its residents and with the requirements of section
15 455B.321 .
16 Sec. 13. Section 455B.306, subsection 5, paragraph a, Code
17 2011, is amended to read as follows:
18 a. The extent to which solid waste is or can be recycled
19 through compliance with the requirements of section 455B.321 as
20 well as any other method .
21 Sec. 14. Section 455B.306, subsection 6, Code 2011, is
22 amended to read as follows:
23 6. The comprehensive plan shall provide details of a local
24 recycling program which shall contain a methodology for meeting
25 the state volume reduction goal pursuant to section 455D.3 ,
26 and a methodology for implementing a program of separation of
27 wastes including but not limited to glass, plastic, paper, and
28 metal compliance with the requirements of section 455B.321 .
29 Sec. 15. NEW SECTION . 455B.321 Universal recycling.
30 1. Beginning July 1, 2012, cities, counties, and public and
31 private agencies responsible for waste management shall provide
32 all of the following services:
33 a. Single stream recycling collection services to all
34 single-family residential customers, including the delivery
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S.F. 249 of a container for the purpose of storage and collection of
1 recyclable material that is adequately sized for the customers
2 to use so that recycling is encouraged and disposal of
3 recyclable material is discouraged. The collection services
4 required under this paragraph shall be provided at a frequency
5 of not less than once every other week.
6 b. Source-separated recycling collection services to all
7 dealers providing on-premises sales, including the delivery
8 of a container for recyclable material that is adequately
9 sized for the premises being served. The collection services
10 required under this paragraph shall be provided at a frequency
11 that shall preclude the recycling containers from overflowing
12 and otherwise causing a nuisance.
13 2. a. Beginning July 1, 2014, cities, counties, and public
14 and private agencies responsible for waste management shall
15 provide single stream recycling collection services to all
16 multifamily residential customers, including providing the
17 multifamily residential complex with an appropriately sized and
18 centrally located recyclable material collection container for
19 the complex being served which is in the same vicinity as the
20 complex’s waste disposal containers. The collection services
21 required under this subsection shall be provided at a frequency
22 that shall preclude the recycling containers from overflowing
23 and otherwise causing a nuisance.
24 b. The director may approve a waiver from the requirements
25 of paragraph “a” if the waiver applicant can demonstrate
26 physical constraints preventing the placement of solid waste
27 and recyclable material collection containers at the same
28 location.
29 c. Owners of a multifamily residential complex shall, at
30 least once per calendar year, provide residents of the complex
31 with instructions on participating in the complex’s recycling
32 program.
33 3. By July 1, 2012, the department shall submit a report
34 to the governor and the general assembly regarding the
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S.F. 249 implementation of mandatory recycling collection requirements
1 for the commercial sector. The recommendations shall provide a
2 method for engaging the active participation of the commercial
3 sector in a comprehensive recycling program by not later than
4 July 1, 2014.
5 4. A person engaging in the collection, transportation,
6 processing, or marketing of recyclable materials from
7 source-separated recycling shall conduct such activities in a
8 manner that recyclable materials enter the marketplace and are
9 not otherwise disposed at a landfill or by incineration.
10 Sec. 16. NEW SECTION . 455B.322 Universal recycling
11 assistance program.
12 The department shall establish and administer a universal
13 recycling assistance program for purposes of providing
14 financial assistance to cities, counties, and public and
15 private entities for the initial implementation costs
16 associated with the requirements of section 455B.321.
17 Financial assistance shall take the form of grants and low
18 interest loans.
19 Sec. 17. NEW SECTION . 455B.323 Universal recycling
20 assistance fund.
21 1. A universal recycling assistance fund is created in the
22 state treasury under the control of the department consisting
23 of moneys deposited in the fund pursuant to section 455B.324,
24 moneys appropriated by the general assembly, and any other
25 money available to and obtained or accepted by the department
26 for placement in the fund.
27 2. Payments of interest, repayments of moneys loaned
28 pursuant to this section, and recaptures of loans shall be
29 deposited in the fund.
30 3. Moneys in the fund are appropriated to the department for
31 purposes of providing financial assistance under the universal
32 recycling assistance program pursuant to section 455B.322.
33 4. Moneys credited to the fund are not subject to section
34 8.33. Notwithstanding section 12C.7, interest or earnings on
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S.F. 249 moneys in the fund shall be credited to the fund.
1 Sec. 18. NEW SECTION . 455B.324 Recycling fee —— future
2 repeal.
3 1. A recycling fee of four cents shall be paid by a dealer
4 to the distributor on each beverage container received by
5 the dealer. On a monthly basis and in a manner determined
6 by the department, a distributor shall remit all such fees
7 collected by the distributor to the department for deposit in
8 the universal recycling assistance fund created in section
9 455B.323. The remitted fees shall be accompanied by a report
10 verifying the units sold during the previous month as well as
11 any other information required by the department.
12 2. This section is repealed June 30, 2015.
13 Sec. 19. NEW SECTION . 455B.325 Recycling public advisory
14 council.
15 1. A recycling public advisory council is established
16 within the department. The department shall provide the
17 council with staff and administrative support. The council
18 shall consist of all of the following members:
19 a. The director of the department of natural resources, or
20 the director’s designee, who shall serve as the chairperson of
21 the council.
22 b. One member representing county government.
23 c. One member representing city government.
24 d. One member representing the recycling industry.
25 e. One member representing the waste hauling industry.
26 f. One member representing the soft drink industry.
27 g. One member representing the alcoholic beverage industry.
28 h. One member representing a local chamber of commerce.
29 i. One member representing the restaurant industry.
30 j. One member representing the food industry.
31 k. Five members of the general public.
32 2. Except for the member named pursuant to subsection 1,
33 paragraph “a” , all members of the council shall be appointed by
34 the governor and shall serve three-year staggered terms with
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S.F. 249 the initial staggering of the terms to be determined by the
1 governor. A member shall not serve more than two consecutive
2 terms. Vacancies shall be filled for the remainder of the
3 original appointment. The appointments shall coordinated to
4 meet the requirements of sections 69.16 and 69.16A.
5 3. The council shall advise the department regarding all of
6 the following issues:
7 a. Recycling issues.
8 b. Criteria for financial assistance under the universal
9 recycling assistance program pursuant to section 455B.322.
10 c. Criteria for grants from the litter cleanup grant fund
11 created in section 455B.326.
12 d. A methodology for measuring waste volume reduction.
13 e. Recycling outreach and education.
14 DIVISION III
15 LITTERING FINES —— LITTER CLEANUP GRANTS
16 Sec. 20. NEW SECTION . 455B.326 Litter cleanup grant fund.
17 1. A litter cleanup grant fund is created in the state
18 treasury under the control of the department consisting of
19 moneys deposited in the fund pursuant to section 602.8108,
20 subsection 9, moneys appropriated by the general assembly, and
21 any other money available to and obtained or accepted by the
22 department for placement in the fund.
23 2. Moneys in the fund are appropriated to the department
24 for purposes of providing grants to nonprofit organizations for
25 litter cleanup activities in neighborhoods and along highways.
26 3. Moneys credited to the fund are not subject to section
27 8.33. Notwithstanding section 12C.7, interest or earnings on
28 moneys in the fund shall be credited to the fund.
29 Sec. 21. Section 602.8108, subsection 9, Code 2011, is
30 amended to read as follows:
31 9. The state court administrator shall allocate fifty one
32 hundred percent of all of the fines attributable to littering
33 citations issued pursuant to sections 321.369 , 321.370 , and
34 461A.43 to the treasurer of state for deposit in the general
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S.F. 249 fund of the state and . Fifty percent of such moneys are
1 appropriated to the state department of transportation for
2 purposes of the cleanup of litter and illegally discarded solid
3 waste and fifty percent of such moneys are appropriated to
4 the department of natural resources for deposit in the litter
5 cleanup grant fund created in section 455B.326 .
6 Sec. 22. Section 805.8A, subsection 14, paragraph d, Code
7 2011, is amended to read as follows:
8 d. Litter and debris violations. For violations under
9 sections 321.369 and 321.370 , the scheduled fine is seventy one
10 hundred fifty dollars.
11 Sec. 23. Section 805.8B, subsection 6, paragraph e, Code
12 2011, is amended to read as follows:
13 e. For violations under section 461A.43 , the scheduled fine
14 is thirty seventy-five dollars.
15 DIVISION IV
16 WASTE REDUCTION GOALS
17 Sec. 24. Section 455B.310, subsection 4, unnumbered
18 paragraph 1, Code 2011, is amended to read as follows:
19 If a planning area achieves the fifty sixty percent waste
20 reduction goal provided in section 455D.3 , ninety-five cents of
21 the tonnage fee shall be retained by a city, county, or public
22 or private agency. If the fifty sixty percent waste reduction
23 goal has not been met, one dollar and twenty cents of the
24 tonnage fee shall be retained by a city, county, or public or
25 private agency. Moneys retained by a city, county, or public
26 or private agency shall be used as follows:
27 Sec. 25. Section 455B.310, subsection 4, paragraph b, Code
28 2011, is amended to read as follows:
29 b. If a planning area achieves the fifty sixty percent waste
30 reduction goal provided in section 455D.3 , forty-five cents of
31 the retained funds shall be used for implementing waste volume
32 reduction and recycling requirements of comprehensive plans
33 filed under section 455B.306 . If the fifty sixty percent waste
34 reduction goal has not been met, seventy cents of the retained
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S.F. 249 funds shall be used for implementing waste volume reduction
1 and recycling requirements of comprehensive plans filed under
2 section 455B.306 . The funds shall be distributed to a city,
3 county, or public agency served by the sanitary disposal
4 project. Fees collected by a private agency which provides
5 for the final disposal of solid waste shall be remitted to the
6 city, county, or public agency served by the sanitary disposal
7 project. However, if a private agency is designated to develop
8 and implement the comprehensive plan pursuant to section
9 455B.306 , fees under this paragraph shall be retained by the
10 private agency.
11 Sec. 26. Section 455B.310, subsection 7, Code 2011, is
12 amended to read as follows:
13 7. Fees imposed by this section shall be paid to the
14 department on a quarterly basis with payment due by no more
15 than ninety days following the quarter during which the fees
16 were collected. The payment shall be accompanied by a return
17 which shall identify the amount of fees to be allocated to
18 the landfill alternative financial assistance program, the
19 amount of fees, in terms of cents per ton, retained for meeting
20 waste reduction and recycling goals under section 455D.3 , and
21 additional fees imposed for failure to meet the twenty-five
22 fifty percent waste reduction and recycling goal under section
23 455D.3 . Sanitary landfills serving more than one planning area
24 shall submit separate reports for each planning area.
25 Sec. 27. Section 455D.3, Code 2011, is amended to read as
26 follows:
27 455D.3 Goals for waste stream reduction —— procedures ——
28 reductions and increases in fees.
29 1. Year 1994 2016 and 2000 2021 goals.
30 a. The goal of the state is to reduce the amount of
31 materials in the waste stream, existing as of July 1, 1988
32 2011 , twenty-five fifty percent by July 1, 1994 2016 , and fifty
33 sixty percent by July 1, 2000 2021 , through the practice of
34 waste volume reduction at the source and through recycling.
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S.F. 249 For the purposes of this section , “waste stream” means the
1 disposal of solid waste as “solid waste” is defined in section
2 455B.301 .
3 b. Notwithstanding section 455D.1, subsection 6 , facilities
4 which employ combustion of solid waste with energy recovery
5 and refuse-derived fuel, which are included in an approved
6 comprehensive plan, may include these processes in the
7 definition of recycling for the purpose of meeting the state
8 goal if at least thirty-five percent of the waste reduction
9 goal, required to be met by July 1, 2000 2021 , pursuant to
10 this section , is met through volume reduction at the source
11 and recycling and reuse, as established pursuant to section
12 455B.301A, subsection 1 , paragraphs “a” and “b” .
13 2. Projected waste stream —— year 2000 2021 . A planning
14 area may request the department to allow the planning area to
15 project the planning area’s waste stream for the year 2000
16 2021 for purposes of meeting the year 2000 fifty 2021 sixty
17 percent waste volume reduction and recycling goals required
18 by this section . The department shall make a determination
19 of the eligibility to use this option based upon the annual
20 tonnage of solid waste processed by the planning area and
21 the population density of the area the planning area serves.
22 If the department agrees to allow the planning area to make
23 year 2000 2021 waste stream projections, the planning area
24 shall calculate the year 2000 2021 projections and submit the
25 projections to the department for approval. The planning area
26 shall use data which is current as of July 1, 1994 2011 , and
27 shall take into account population, employment, and industrial
28 changes and documented diversions due to existing programs.
29 The planning area shall use the departmental methodology to
30 calculate the tonnage necessary to be diverted from landfills
31 in order to meet the year 2000 fifty 2021 sixty percent waste
32 volume reduction and recycling goals required by this section .
33 Once the department approves the year 2000 2021 projections,
34 the projections shall not be changed prior to the year 2001
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S.F. 249 2022 .
1 3. Departmental monitoring.
2 a. (1) By October 31, 1994 2016 , a planning area shall
3 submit to the department a solid waste abatement table which is
4 updated through June 30, 1994 2016 . By April 1, 1995 2017 , the
5 department shall report to the general assembly on the progress
6 that has been made by each planning area on attainment of the
7 July 1, 1994, twenty-five 2016, fifty percent goal.
8 (2) If at any time the department determines that a planning
9 area has met or exceeded the twenty-five fifty percent goal,
10 but has not met or exceeded the fifty sixty percent goal, a
11 planning area shall subtract sixty cents from the total amount
12 of the tonnage fee imposed pursuant to section 455B.310 . If at
13 any time the department determines that a planning area has met
14 or exceeded the fifty sixty percent goal, a planning area shall
15 subtract fifty cents from the total amount of the tonnage fee
16 imposed pursuant to section 455B.310 . The reduction in tonnage
17 fees pursuant to this paragraph shall be taken from that
18 portion of the tonnage fees which would have been allocated for
19 funding alternatives to landfills pursuant to section 455E.11,
20 subsection 2 , paragraph “a” , subparagraph (1).
21 (3) If the department determines that a planning area
22 has failed to meet the July 1, 1994, twenty-five 2016, fifty
23 percent goal, the planning area shall, at a minimum, implement
24 the solid waste management techniques as listed in subsection
25 4 . Evidence of implementation of the solid waste management
26 techniques shall be documented in subsequent comprehensive
27 plans submitted to the department.
28 b. (1) By October 31, 2000 2021 , a planning area shall
29 submit to the department, a solid waste abatement table which
30 is updated through June 30, 2000 2021 . By April 1, 2001 2022 ,
31 the department shall report to the general assembly on the
32 progress that has been made by each planning area on attainment
33 of the July 1, 2000, fifty 2021, sixty percent goal.
34 (2) If at any time the department determines that a planning
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S.F. 249 area has met or exceeded the fifty sixty percent goal, the
1 planning area shall subtract fifty cents from the total amount
2 of the tonnage fee imposed pursuant to section 455B.310 . This
3 amount shall be in addition to any amount subtracted pursuant
4 to paragraph “a” of this subsection . The reduction in tonnage
5 fees pursuant to this paragraph shall be taken from that
6 portion of the tonnage fees which would have been allocated to
7 funding alternatives to landfills pursuant to section 455E.11,
8 subsection 2 , paragraph “a” , subparagraph (1). Except for fees
9 required under subsection 4 , paragraph “a” , a planning area
10 failing to meet the fifty sixty percent goal is not required to
11 remit any additional tonnage fees to the department.
12 4. Solid waste management techniques. A planning area
13 that fails to meet the twenty-five fifty percent goal shall
14 implement the following solid waste management techniques:
15 a. Remit fifty cents per ton to the department, as of July
16 1, 1995. The funds shall be deposited in the solid waste
17 account under section 455E.11, subsection 2 , paragraph “a” ,
18 to be used for funding alternatives to landfills pursuant to
19 section 455E.11, subsection 2 , paragraph “a” , subparagraph (1).
20 Moneys under this paragraph shall be remitted until such time
21 as evidence of attainment of the twenty-five fifty percent goal
22 is documented in subsequent comprehensive plans submitted to
23 the department.
24 b. Notify the public of the planning area’s failure to meet
25 the waste volume reduction goals of this section , utilizing
26 standard language developed by the department for that purpose.
27 c. Develop draft ordinances which shall be used by local
28 governments for establishing collection fees that are based
29 on volume or on the number of containers used for disposal by
30 residents.
31 d. Conduct an educational and promotional program to inform
32 citizens of the manner and benefits of reducing, reusing, and
33 recycling materials and the procurement of products made with
34 recycled content. The program shall include the following:
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S.F. 249 (1) Targeted waste reduction and recycling education for
1 residents, including multifamily dwelling complexes having five
2 or more units.
3 (2) An intensive one-day seminar for the commercial sector
4 regarding the benefits of and opportunities for waste reduction
5 and recycling.
6 (3) Promotion of recycling through targeted community and
7 media events.
8 (4) Recycling notification and education packets to all new
9 residential, commercial, and institutional collection service
10 customers that include, at a minimum, the manner of preparation
11 of materials for collection, and the reasons for separation of
12 materials for recycling.
13 5. Environmental management systems. A planning area
14 designated as an environmental management system pursuant to
15 section 455J.7 is exempt from the waste stream reduction goals
16 of this section .
17 6. By November 1 of each year, the department shall submit
18 a report to the governor and the general assembly regarding the
19 progress of planning areas in meeting the waste reduction goals
20 of this section.
21 DIVISION V
22 STATE MANDATE
23 Sec. 28. IMPLEMENTATION OF ACT. Section 25B.2, subsection
24 3, shall not apply to this Act.
25 EXPLANATION
26 This bill relates to recycling by repealing beverage
27 container control laws, creating universal recycling
28 requirements, increasing littering fines, changing waste
29 volume reduction goals, implementing a recycling fee, making
30 appropriations, and making penalties applicable. The bill is
31 organized by divisions.
32 BOTTLE BILL REPEAL. This division repeals Code chapter 455C
33 relating to the control of beverage containers, more commonly
34 known as the bottle bill. The division makes conforming
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S.F. 249 amendments.
1 UNIVERSAL RECYCLING. This division creates mandatory
2 recycling collection requirements called universal recycling.
3 Beginning July 1, 2012, the division requires cities,
4 counties, and public and private agencies responsible for
5 waste management to provide single stream recycling collection
6 services to all single-family residential customers and
7 source-separated recycling collection services to all dealers
8 providing on-premises sales. A dealer is a person who sells
9 beverages in beverage containers. Single stream recycling
10 is a system in which recyclable material is commingled for
11 collection into one container instead of being sorted into
12 separate commodities. Source-separated recycling is a system
13 in which recyclable material is segregated at the point
14 of generation and kept apart from the waste stream by the
15 generator of the recyclable material.
16 Beginning July 1, 2014, the division requires cities,
17 counties, and public and private agencies responsible for
18 waste management to provide single stream recycling collection
19 services to all multifamily residential customers. The
20 division allows a waiver from the requirements if the waiver
21 applicant can demonstrate physical constraints preventing the
22 placement of solid waste and recyclable material collection
23 containers at the same location. The division requires
24 annual recycling instruction to be provided to residents at a
25 multifamily residential complex.
26 By July 1, 2012, the division requires the department of
27 natural resources to submit a report to the governor and the
28 general assembly regarding the implementation of mandatory
29 recycling collection requirements for the commercial sector.
30 The recommendations must provide a method for engaging
31 the active participation of the commercial sector in a
32 comprehensive recycling program by not later than July 1, 2014.
33 The division requires cities and counties to include
34 compliance with the universal recycling requirements as part of
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S.F. 249 the solid waste comprehensive plans filed with the department.
1 Currently, a person who knowingly makes a false statement or
2 representation in a comprehensive plan is guilty of a serious
3 misdemeanor.
4 The division requires the department to establish and
5 administer a universal recycling assistance program for
6 purposes of providing financial assistance to cities, counties,
7 and public and private entities for the initial implementation
8 costs associated with the universal recycling requirements.
9 The division creates a universal recycling assistance fund and
10 appropriates moneys in the fund to the department for providing
11 financial assistance under the program.
12 The division requires a recycling fee of 4 cents to be
13 paid by the dealer to the distributor on each beverage
14 container received by the dealer. On a monthly basis and
15 in a manner determined by the department, the division
16 requires a distributor to remit all fees collected by the
17 distributor to the department for deposit in the universal
18 recycling assistance fund. The division includes a reporting
19 requirement. The fee is repealed June 30, 2015. For purposes
20 of the bill, the term “beverage” is defined to include wine,
21 alcoholic liquor, beer, and any nonalcoholic carbonated and
22 noncarbonated drink excluding grade “A” milk and milk products
23 specified in the grade “A” milk ordinance. The term also
24 includes certain exemptions.
25 The division creates a recycling public advisory board for
26 purposes of advising the department regarding recycling issues,
27 criteria for financial assistance under the universal recycling
28 assistance program, criteria for grants from the litter cleanup
29 grant fund, a methodology for measuring waste volume reduction,
30 and recycling outreach and education.
31 The division requires the environmental protection
32 commission to adopt rules necessary for the administration of
33 the division.
34 LITTERING FINES —— LITTER CLEANUP GRANTS. The division
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S.F. 249 increases the scheduled fines for littering and placing
1 debris on public highways from $70 to $150 and increases the
2 scheduled fine for littering in a state park or preserve from
3 $30 to $75. Currently, 50 percent of both scheduled fines
4 are deposited in the general fund and appropriated to the
5 department of transportation for purposes of litter cleanup.
6 The division provides that 100 percent of both scheduled fines
7 are to be deposited in the general fund, with 50 percent of the
8 moneys appropriated to the department of transportation for
9 litter cleanup and 50 percent appropriated to the department
10 of natural resources for deposit in the newly created litter
11 cleanup grant fund. The division creates a litter cleanup
12 grant fund to be administered by the department for purposes of
13 providing grants to nonprofit organizations for litter cleanup
14 activities in neighborhoods and along highways.
15 WASTE REDUCTION GOALS. Currently, waste stream reduction
16 goals for the state are to reduce the waste stream by 25
17 percent by July 1, 1994, and by 50 percent by July 1, 2000,
18 based on the waste stream existing as of July 1, 1988. The
19 tonnage fee paid by a planning area is, in part, determined by
20 the waste volume reduction goals that are met by the planning
21 area.
22 The division creates new waste volume reduction goals. The
23 goals are to reduce the waste stream by 50 percent by July 1,
24 2016, and by 60 percent by July 1, 2021, based on the waste
25 stream existing as of July 1, 2011. The division replaces the
26 old goal levels with the new goal levels in the computation of
27 the tonnage fees paid by planning areas.
28 STATE MANDATE. The bill may include a state mandate as
29 defined in Code section 25B.3. The division makes inapplicable
30 Code section 25B.2, subsection 3, which would relieve a
31 political subdivision from complying with a state mandate if
32 funding for the cost of the state mandate is not provided or
33 specified. Therefore, political subdivisions are required to
34 comply with any state mandate included in the bill.
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HF 445

This text was found at http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=HF445

 

Updated March 11, 2011