Bill Text: IA SF249 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to recycling by repealing beverage container control laws, creating universal recycling requirements, increasing littering fines, changing waste volume reduction goals, implementing a recycling fee, making appropriations, and making penalties applicable.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF249 Detail]
Download: Iowa-2011-SF249-Introduced.html
Senate
File
249
-
Introduced
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
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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
35
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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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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.
35
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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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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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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
35
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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
35
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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
35
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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
35
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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
35
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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.
35
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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
35
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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
35
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18
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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:
35
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(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
35
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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
35
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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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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.
35
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