Bill Text: IA HF2205 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act providing for the future repeal of the beverage containers control program, making appropriations, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-13 - Subcommittee Meeting: 02/18/2020 11:00AM House Lounge. [HF2205 Detail]
Download: Iowa-2019-HF2205-Introduced.html
House
File
2205
-
Introduced
HOUSE
FILE
2205
BY
LOHSE
A
BILL
FOR
An
Act
providing
for
the
future
repeal
of
the
beverage
1
containers
control
program,
making
appropriations,
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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DIVISION
I
1
UNPAID
REFUND
VALUE
2
Section
1.
Section
16.41,
subsection
1,
Code
2020,
is
3
amended
to
read
as
follows:
4
1.
A
shelter
assistance
fund
is
created
as
a
revolving
5
fund
in
the
state
treasury
under
the
control
of
the
authority
6
consisting
of
any
moneys
appropriated
by
the
general
assembly
7
and
received
under
section
428A.8
and
section
455C.11
for
8
costs
of
operations
of
shelters
for
the
homeless
and
domestic
9
violence
shelters,
essential
services
for
the
homeless,
and
10
evaluation
and
reporting
of
services
for
the
homeless.
Each
11
fiscal
year,
moneys
in
the
fund,
in
an
amount
equal
to
not
more
12
than
three
percent
of
the
total
moneys
distributed
as
grants
13
from
the
fund
during
the
fiscal
year,
may
be
used
for
purposes
14
of
administering
the
fund.
15
Sec.
2.
Section
455C.1,
subsections
3,
7,
8,
10,
and
12,
16
Code
2020,
are
amended
by
striking
the
subsections.
17
Sec.
3.
Section
455C.2,
subsection
1,
Code
2020,
is
amended
18
to
read
as
follows:
19
1.
A
refund
value
of
not
less
than
five
cents
shall
be
paid
20
by
the
consumer
on
each
beverage
container
sold
in
this
state
21
by
a
dealer
for
consumption
off
the
premises.
Upon
return
of
22
the
empty
beverage
container
upon
which
a
refund
value
has
been
23
paid
to
the
dealer
or
person
operating
a
redemption
center
24
and
acceptance
of
the
empty
beverage
container
by
the
dealer
25
or
person
operating
a
redemption
center,
the
dealer
or
person
26
operating
a
redemption
center
shall
return
the
amount
of
the
27
refund
value
to
the
consumer.
28
Sec.
4.
NEW
SECTION
.
455C.11
Unpaid
refund
value.
29
1.
Refund
value
that
has
not
been
paid
by
a
distributor
to
a
30
dealer
or
redemption
center
on
and
after
July
1,
2020,
shall
be
31
credited
monthly
to
the
treasurer
of
state
for
deposit
in
the
32
following
manner:
33
a.
Ninety
percent
of
unpaid
refund
value
shall
be
deposited
34
in
the
unpaid
refunds
recycling
fund
established
in
section
35
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455C.11A.
1
b.
Ten
percent
of
the
unpaid
refund
value
shall
be
deposited
2
in
the
shelter
assistance
fund
established
in
section
16.41.
3
2.
In
the
event
that
a
dealer,
dealer
agent,
or
redemption
4
center
lawfully
accepts
beverage
containers
and
returns
5
refund
value
to
consumers
prior
to
September
1,
2023,
in
an
6
amount
that
exceeds
the
amount
a
distributor
has
available
7
due
to
unpaid
refund
value
previously
credited
to
the
8
treasurer
of
state
under
subsection
1,
the
distributor
9
shall
accept
the
containers,
pay
the
refund
value,
and
pay
10
the
reimbursement
amount
of
one
cent
per
container.
The
11
distributor
may
submit
receipts
to
the
department,
in
a
manner
12
prescribed
by
the
department,
showing
the
discrepancy,
and
13
the
commission
shall
issue
a
refund
from
the
unpaid
refunds
14
recycling
fund
established
in
section
455C.11A
in
the
amount
15
of
the
discrepancy.
The
distributor
shall
not
include
the
16
reimbursement
amount
of
one
cent
per
container
upon
the
17
acceptance
of
empty
beverage
containers
when
demonstrating
a
18
discrepancy.
19
3.
This
section
is
repealed
October
1,
2023.
20
Sec.
5.
NEW
SECTION
.
455C.11A
Unpaid
refunds
recycling
21
grant
program
——
fund
created.
22
1.
The
department
shall
establish
and
the
commission
23
shall
administer
an
unpaid
refunds
recycling
grant
program.
24
The
purpose
of
the
program
shall
be
to
provide
financial
25
assistance
to
enhance
recycling
programs.
The
program
shall
be
26
administered
in
accordance
with
rules
adopted
by
the
commission
27
pursuant
to
chapter
17A.
28
2.
An
unpaid
refunds
recycling
fund
is
established
in
the
29
state
treasury
under
the
control
of
the
commission.
The
fund
30
shall
consist
of
moneys
appropriated
to
or
deposited
in
the
31
fund.
Moneys
in
the
fund
are
appropriated
to
the
commission
32
for
purposes
of
issuing
grants
under
the
program
as
set
forth
33
under
subsection
3.
Notwithstanding
section
8.33,
moneys
in
34
the
fund
that
remain
unencumbered
or
unobligated
at
the
close
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of
a
fiscal
year
shall
not
revert
but
shall
remain
available
1
for
expenditure
for
the
purposes
designated.
Notwithstanding
2
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
in
3
the
fund
shall
be
credited
to
the
fund.
4
3.
Moneys
in
the
fund
shall
be
used
by
the
commission
to
5
issue
grants
under
the
program
in
the
following
manner:
6
a.
Twenty-eight
percent
shall
be
allocated
for
the
issuance
7
of
grants
to
provide
assistance
for
the
establishment
of
8
recycling
systems.
9
b.
Twenty-eight
percent
shall
be
allocated
for
the
issuance
10
of
grants
to
provide
assistance
for
the
expansion
of
existing
11
recycling
systems,
including
dual
stream
recycling.
12
c.
Thirty-three
percent
shall
be
allocated
for
the
issuance
13
of
grants
to
provide
assistance
for
existing
redemption
centers
14
to
transition
to
operate
as
recycling
centers.
15
d.
Eleven
percent
shall
be
allocated
for
the
issuance
of
16
grants
to
provide
assistance
for
new
and
existing
recycling
17
education
programs.
18
4.
This
section
is
repealed
October
1,
2023.
19
Sec.
6.
FUTURE
REPEAL.
Sections
455C.5,
455C.6,
455C.7,
and
20
455C.10,
Code
2020,
are
repealed
effective
July
1,
2023.
21
Sec.
7.
FUTURE
REPEAL.
Sections
455C.2,
455C.3,
455C.4,
22
455C.9,
455C.12,
455C.13,
and
455C.14,
Code
2020,
are
repealed
23
effective
September
1,
2023.
24
Sec.
8.
FUTURE
REPEAL.
The
section
of
this
Act
amending
25
section
16.41
is
repealed
effective
October
1,
2023.
26
Sec.
9.
EFFECTIVE
DATE.
The
following
takes
effect
July
1,
27
2023:
28
The
section
of
this
division
of
this
Act
amending
section
29
455C.2,
subsection
1.
30
Sec.
10.
EFFECTIVE
DATE.
The
following
takes
effect
October
31
1,
2023:
32
The
section
of
this
division
of
this
Act
amending
section
33
455C.1.
34
DIVISION
II
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CONFORMING
CHANGES
1
Sec.
11.
Section
123.24,
subsection
2,
paragraph
d,
Code
2
2020,
is
amended
to
read
as
follows:
3
d.
A
bottle
surcharge
in
an
amount
sufficient
,
when
4
added
to
the
amount
not
refunded
to
class
“E”
liquor
control
5
licensees
pursuant
to
section
455C.2
,
to
pay
the
costs
incurred
6
by
the
division
for
collecting
and
properly
disposing
of
the
7
liquor
containers.
The
amount
collected
pursuant
to
this
8
paragraph
,
in
addition
to
any
amounts
not
refunded
to
class
“E”
9
liquor
control
licensees
pursuant
to
section
455C.2
,
shall
be
10
deposited
in
the
beer
and
liquor
control
fund
established
under
11
section
123.17
.
12
Sec.
12.
Section
123.26,
Code
2020,
is
amended
to
read
as
13
follows:
14
123.26
Restrictions
on
sales
——
seals
——
labeling.
15
Alcoholic
liquor
shall
not
be
sold
by
a
class
“E”
liquor
16
control
licensee
except
in
a
sealed
container
with
identifying
17
markers
as
prescribed
by
the
administrator
and
affixed
in
the
18
manner
prescribed
by
the
administrator,
and
no
such
container
19
shall
be
opened
upon
the
premises
of
a
state
warehouse.
The
20
division
shall
cooperate
with
the
department
of
natural
21
resources
so
that
only
one
identifying
marker
or
mark
is
needed
22
to
satisfy
the
requirements
of
this
section
and
section
455C.5,
23
subsection
1
.
Possession
of
alcoholic
liquors
which
that
do
24
not
carry
the
prescribed
identifying
markers
is
a
violation
of
25
this
chapter
except
as
provided
in
section
123.22
.
26
Sec.
13.
Section
123.187,
subsection
3,
paragraph
e,
Code
27
2020,
is
amended
by
striking
the
paragraph.
28
Sec.
14.
Section
423.6,
subsection
3,
paragraph
a,
Code
29
2020,
is
amended
to
read
as
follows:
30
a.
Any
tangible
personal
property
including
containers
31
for
which
it
is
intended
shall,
by
means
of
fabrication,
32
compounding,
manufacturing,
or
germination,
become
an
integral
33
part
of
other
tangible
personal
property
intended
to
be
sold
34
ultimately
at
retail
,
and
containers
used
in
the
collection,
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recovery,
or
return
of
empty
beverage
containers
subject
to
1
chapter
455C
.
2
Sec.
15.
Section
455A.6,
subsection
6,
paragraph
d,
Code
3
2020,
is
amended
to
read
as
follows:
4
d.
Approve
the
budget
request
prepared
by
the
director
5
for
the
programs
authorized
by
chapters
455B
,
455C
,
455E
,
6
455F
,
455H
,
and
459,
subchapters
II
and
III
.
The
commission
7
shall
approve
the
budget
request
prepared
by
the
director
for
8
programs
subject
to
the
rulemaking
authority
of
the
commission.
9
The
commission
may
increase,
decrease,
or
strike
any
item
10
within
the
department
budget
request
for
the
specified
programs
11
before
granting
approval.
12
Sec.
16.
EFFECTIVE
DATE.
The
following
take
effect
July
1,
13
2023:
14
1.
The
section
of
this
division
of
this
Act
amending
section
15
123.26.
16
2.
The
section
of
this
division
of
this
Act
amending
section
17
123.187,
subsection
3,
paragraph
“e”.
18
Sec.
17.
EFFECTIVE
DATE.
The
following
takes
effect
19
September
1,
2023:
20
The
section
of
this
division
of
this
Act
amending
section
21
123.24,
subsection
2,
paragraph
“d”.
22
Sec.
18.
EFFECTIVE
DATE.
The
following
take
effect
October
23
1,
2023:
24
1.
The
section
of
this
division
of
this
Act
amending
section
25
423.6,
subsection
3,
paragraph
“a”.
26
2.
The
section
of
this
division
of
this
Act
amending
section
27
455A.6,
subsection
6,
paragraph
“d”.
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
provides
for
the
future
repeal
of
the
beverage
32
containers
control
program,
commonly
referred
to
as
the
“bottle
33
bill”,
and
makes
appropriations
to
certain
funds.
34
Under
current
law,
when
a
distributor
sells
beverages
in
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eligible
containers
to
a
dealer,
the
distributor
adds
5
cents
1
per
eligible
container
to
the
sale
price.
When
a
dealer
sells
2
beverages
in
eligible
containers
to
a
consumer,
the
dealer
3
charges
the
5-cent
deposit
on
each
beverage
container.
A
4
consumer
can
take
eligible
beverage
containers
to
a
dealer,
5
dealer
agent,
or
redemption
center
and
receive
a
5-cent
6
refund
for
every
eligible
beverage
container
that
the
consumer
7
returns.
A
distributor
collects
eligible
containers
from
a
8
dealer,
dealer
agent,
or
redemption
center,
at
which
time
9
the
distributor
pays
the
dealer,
dealer
agent,
or
redemption
10
center
5
cents
per
eligible
container
plus
a
handling
fee
of
an
11
additional
1
cent
per
empty
container.
12
On
July
1,
2023,
the
bill
strikes
the
provision
of
the
13
beverage
containers
control
program
that
requires
a
dealer
to
14
charge
a
consumer
the
refund
value
for
each
beverage
container.
15
The
provisions
of
the
program
that
allow
a
consumer
to
return
16
beverage
containers
in
exchange
for
the
refund
value
and
that
17
allow
a
dealer
or
a
person
operating
a
redemption
center
to
18
return
beverage
containers
to
a
distributor
in
exchange
for
19
the
refund
value
and
handling
fee
are
repealed
on
September
1,
20
2023.
21
On
a
monthly
basis
beginning
July
1,
2020,
unpaid
refund
22
value
shall
be
credited
to
the
treasurer
of
state.
Ninety
23
percent
of
the
unpaid
refund
value
shall
be
deposited
in
24
the
unpaid
refunds
recycling
fund,
which
is
created
by
25
the
bill
in
the
state
treasury
under
the
control
of
the
26
environmental
protection
commission.
Moneys
in
the
fund
shall
27
be
administered
by
the
commission
and
shall
be
allocated
for
28
purposes
relating
to
recycling
systems
and
education
as
part
29
of
the
unpaid
refunds
recycling
grant
program.
The
remaining
30
10
percent
of
unpaid
refund
value
shall
be
deposited
in
the
31
shelter
assistance
fund
administered
by
the
Iowa
finance
32
authority.
33
In
the
event
that
a
dealer,
dealer
agent,
or
redemption
34
center
lawfully
accepts
beverage
containers
and
returns
refund
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value
to
consumers
prior
to
September
1,
2023,
in
an
amount
1
that
exceeds
the
amount
a
distributor
has
available
due
to
2
unpaid
refund
value
being
previously
credited
to
the
treasurer
3
of
state,
the
distributor
shall
accept
the
beverage
containers
4
and
pay
the
refund
value
and
handling
fee.
The
distributor
may
5
then
submit
receipts
to
the
department
of
natural
resources
6
showing
the
discrepancy.
The
commission
shall
issue
a
refund
7
in
the
amount
of
the
discrepancy.
The
distributor
shall
not
8
include
the
handling
fee
when
demonstrating
a
discrepancy.
9
The
sections
of
the
bill
relating
to
the
distribution
of
10
unpaid
refund
value,
establishing
the
unpaid
refunds
recycling
11
grant
program
and
unpaid
refunds
recycling
fund,
and
amending
12
the
shelter
assistance
fund
are
repealed
October
1,
2023.
The
13
bill
amends
various
Code
provisions
to
conform
with
changes
14
to
the
beverage
containers
control
program
as
changes
to
the
15
program
become
effective.
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