Bill Text: IA SF470 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the redemption of and payment of refund value on beverage containers, making appropriations, providing penalties, and including effective date provisions.(Formerly SF 368.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-03-29 - Subcommittee Meeting: 03/31/2021 12:00PM RM 24A. [SF470 Detail]
Download: Iowa-2021-SF470-Introduced.html
Senate
File
470
-
Introduced
SENATE
FILE
470
BY
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
(SUCCESSOR
TO
SF
368)
A
BILL
FOR
An
Act
relating
to
the
redemption
of
and
payment
of
refund
1
value
on
beverage
containers,
making
appropriations,
2
providing
penalties,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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S.F.
470
DIVISION
I
1
FUTURE
CHANGES
TO
CURRENT
BEVERAGE
CONTAINER
CONTROL
LAW
2
Section
1.
Section
455C.1,
subsections
1
and
6,
Code
2021,
3
are
amended
to
read
as
follows:
4
1.
“Beverage”
means
wine
as
defined
in
section
123.3,
5
subsection
54
,
alcoholic
liquor
as
defined
in
section
123.3,
6
subsection
5
,
beer
as
defined
in
section
123.3,
subsection
7
7
,
high
alcoholic
content
beer
as
defined
in
section
123.3,
8
subsection
22,
canned
cocktail
as
defined
in
section
123.3,
9
subsection
11,
mineral
water,
soda
water
,
and
similar
10
carbonated
soft
drinks
in
liquid
form
and
intended
for
human
11
consumption.
12
6.
“Dealer
agent”
means
a
person
who
solicits
or
picks
13
up
empty
beverage
containers
from
a
participating
dealer
for
14
the
purpose
of
returning
the
empty
beverage
containers
to
a
15
distributor
or
manufacturer.
16
Sec.
2.
Section
455C.1,
Code
2021,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
12A.
“Participating
dealer”
means
a
dealer
19
who
accepts
the
return
of
empty
beverage
containers
from
a
20
consumer.
21
Sec.
3.
Section
455C.2,
Code
2021,
is
amended
to
read
as
22
follows:
23
455C.2
Refund
values.
24
1.
A
refund
value
of
not
less
than
five
cents
shall
be
paid
25
by
the
consumer
on
each
beverage
container
sold
in
this
state
26
by
a
dealer
for
consumption
off
the
premises.
Upon
return
of
27
the
empty
beverage
container
upon
which
a
refund
value
has
28
been
paid
to
the
a
participating
dealer
or
person
operating
29
a
redemption
center
and
acceptance
of
the
empty
beverage
30
container
by
the
participating
dealer
or
person
operating
a
31
redemption
center,
the
participating
dealer
or
person
operating
32
a
redemption
center
shall
return
the
amount
of
the
refund
value
33
to
the
consumer.
34
2.
In
addition
to
the
refund
value
provided
in
subsection
1
35
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of
this
section
,
a
participating
dealer
,
or
person
operating
a
1
redemption
center
who
redeems
empty
beverage
containers
or
a
2
dealer
agent
shall
be
reimbursed
by
the
distributor
required
3
to
accept
the
empty
beverage
containers
an
amount
which
that
4
is
one
cent
per
container.
A
dealer,
dealer
agent,
or
person
5
operating
a
redemption
center
may
compact
empty
metal
beverage
6
containers
with
the
approval
of
the
distributor
required
to
7
accept
the
containers.
A
redemption
center
shall
be
reimbursed
8
an
amount
that
is
two
cents
per
container.
9
Sec.
4.
Section
455C.3,
subsections
1,
2,
and
4,
Code
2021,
10
are
amended
to
read
as
follows:
11
1.
A
participating
dealer
shall
not
refuse
to
accept
from
12
a
consumer
any
empty
beverage
container
of
the
kind,
size
and
13
brand
sold
by
the
participating
dealer,
or
refuse
to
pay
to
the
14
consumer
the
refund
value
of
a
beverage
container
as
provided
15
under
section
455C.2
.
16
2.
A
distributor
shall
accept
and
pick
up
from
a
17
participating
dealer
served
by
the
distributor
or
a
redemption
18
center
for
a
dealer
served
by
the
distributor
at
least
weekly,
19
or
when
the
distributor
delivers
the
beverage
product
if
20
deliveries
are
less
frequent
than
weekly,
any
empty
beverage
21
container
of
the
kind,
size
,
and
brand
sold
by
the
distributor,
22
and
shall
pay
to
the
participating
dealer
or
person
operating
23
a
redemption
center
the
refund
value
of
a
beverage
container
24
and
the
reimbursement
as
provided
under
section
455C.2
within
25
one
week
following
pickup
of
the
containers
or
when
the
26
participating
dealer
or
redemption
center
normally
pays
the
27
distributor
for
the
deposit
on
beverage
products
purchased
from
28
the
distributor
if
less
frequent
than
weekly.
A
distributor
29
or
employee
or
agent
of
a
distributor
is
not
in
violation
30
of
this
subsection
if
a
redemption
center
is
closed
when
the
31
distributor
attempts
to
make
a
regular
delivery
or
a
regular
32
pickup
of
empty
beverage
containers.
This
subsection
does
33
not
apply
to
a
distributor
selling
alcoholic
liquor
to
the
34
alcoholic
beverages
division
of
the
department
of
commerce.
35
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4.
A
distributor
shall
accept
from
a
dealer
agent
any
empty
1
beverage
container
of
the
kind,
size,
and
brand
sold
by
the
2
distributor
and
which
that
was
picked
up
by
the
dealer
agent
3
from
a
participating
dealer
within
the
geographic
territory
4
served
by
the
distributor
and
the
distributor
shall
pay
the
5
dealer
agent
the
refund
value
of
the
empty
beverage
container
6
and
the
reimbursement
as
provided
in
section
455C.2
.
7
Sec.
5.
Section
455C.4,
Code
2021,
is
amended
to
read
as
8
follows:
9
455C.4
Refusal
to
accept
containers.
10
1.
Except
as
provided
in
section
455C.5,
subsection
3
,
11
a
participating
dealer
,
a
person
operating
a
or
redemption
12
center
,
a
distributor
or
a
manufacturer
may
refuse
to
accept
13
any
empty
beverage
container
which
that
does
not
have
stated
on
14
it
a
refund
value
as
provided
under
section
455C.2
.
15
2.
A
dealer
may
refuse
to
accept
and
to
pay
the
refund
value
16
of
any
empty
beverage
container
if
the
place
of
business
of
the
17
dealer
and
the
kind
and
brand
of
empty
beverage
containers
are
18
included
in
an
order
of
the
department
approving
a
redemption
19
center
under
section
455C.6
if
a
redemption
center
is
located
20
within
a
twenty-mile
radius
of
the
dealer
.
21
3.
A
dealer
or
a
distributor
may
refuse
to
accept
and
to
pay
22
the
refund
value
of
an
empty
wine
or
alcoholic
liquor
container
23
which
is
marked
to
indicate
that
it
was
sold
by
a
state
liquor
24
store.
The
alcoholic
beverages
division
shall
not
reimburse
25
a
dealer
or
a
distributor
the
refund
value
on
an
empty
wine
or
26
alcoholic
liquor
container
which
is
marked
to
indicate
that
the
27
container
was
sold
by
a
state
liquor
store.
28
4.
3.
A
class
“E”
liquor
control
licensee
may
refuse
to
29
accept
and
to
pay
the
refund
value
on
an
empty
alcoholic
liquor
30
container
from
a
participating
dealer
or
a
redemption
center
31
or
from
a
person
acting
on
behalf
of
or
who
has
received
empty
32
alcoholic
liquor
containers
from
a
participating
dealer
or
a
33
redemption
center.
34
5.
4.
A
manufacturer
or
distributor
may
refuse
to
accept
35
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and
to
pay
the
refund
value
and
reimbursement
as
provided
in
1
section
455C.2
on
any
empty
beverage
container
that
was
picked
2
up
by
a
dealer
agent
from
a
participating
dealer
outside
the
3
geographic
territory
served
by
the
manufacturer
or
distributor.
4
Sec.
6.
Section
455C.5,
subsection
1,
Code
2021,
is
amended
5
to
read
as
follows:
6
1.
Each
beverage
container
sold
or
offered
for
sale
in
7
this
state
by
a
dealer
shall
clearly
indicate
the
refund
value
8
of
the
container
by
embossing
or
by
a
stamp,
label
,
or
other
9
method
securely
affixed
to
the
container
,
the
refund
value
of
10
the
container
.
The
department
shall
specify,
by
rule,
the
11
minimum
size
of
the
refund
value
indication
on
the
beverage
12
containers.
13
Sec.
7.
Section
455C.12,
subsection
2,
Code
2021,
is
amended
14
to
read
as
follows:
15
2.
A
distributor
who
collects
or
attempts
to
collect
16
a
refund
value
on
an
empty
beverage
container
when
the
17
distributor
has
paid
the
refund
value
on
the
container
to
a
18
participating
dealer,
redemption
center,
or
consumer
is
guilty
19
of
a
fraudulent
practice.
20
Sec.
8.
Section
455C.12,
subsection
3,
paragraphs
a
and
b,
21
Code
2021,
are
amended
to
read
as
follows:
22
a.
Collects
or
attempts
to
collect
the
refund
value
on
the
23
container
a
second
time,
with
the
knowledge
that
the
refund
24
value
has
once
been
paid
by
the
distributor
to
a
participating
25
dealer,
redemption
center
,
or
consumer.
26
b.
Manufactures,
sells,
possesses
,
or
applies
a
false
or
27
counterfeit
label
or
indication
which
that
shows
or
purports
to
28
show
a
refund
value
for
a
beverage
container,
with
intent
to
29
use
the
false
or
counterfeit
label
or
indication.
30
Sec.
9.
Section
455C.13,
Code
2021,
is
amended
to
read
as
31
follows:
32
455C.13
Distributors’
Collection
and
disposal
agreements
33
authorized.
34
1.
A
distributor
,
dealer,
or
redemption
center
may
enter
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into
a
contract
or
agreement
with
any
other
distributor,
1
manufacturer
,
or
person
for
the
purpose
of
collecting
or
paying
2
the
refund
value
on,
or
disposing
of
,
beverage
containers
as
3
provided
in
this
chapter
.
4
2.
For
purposes
of
this
chapter,
any
contracts
entered
into
5
pursuant
to
this
section
for
the
collection
or
disposal
of
6
empty
beverage
containers
shall
not
be
deemed
to
interfere
with
7
the
refund
value
pursuant
to
section
455C.2.
8
Sec.
10.
Section
455C.14,
subsection
1,
Code
2021,
is
9
amended
to
read
as
follows:
10
1.
If
the
refund
value
indication
required
under
section
11
455C.5
on
an
empty
nonrefillable
metal
beverage
container
12
is
readable
but
the
redemption
of
the
container
is
lawfully
13
refused
by
a
participating
dealer
or
person
operating
a
14
redemption
center
under
other
sections
of
this
chapter
or
15
rules
adopted
pursuant
to
these
sections,
the
container
16
shall
be
accepted
and
the
refund
value
paid
to
a
consumer
17
as
provided
in
this
section
.
Each
beer
distributor
selling
18
nonrefillable
metal
beverage
containers
in
this
state
shall
19
provide
individually
or
collectively
by
contract
or
agreement
20
with
a
dealer,
person
operating
a
redemption
center
,
or
another
21
person,
at
least
one
facility
in
the
county
seat
of
each
county
22
where
refused
empty
nonrefillable
metal
beverage
containers
23
having
a
readable
refund
value
indication
as
required
by
24
this
chapter
are
accepted
and
redeemed.
In
cities
having
a
25
population
of
twenty-five
thousand
or
more,
the
number
of
the
26
facilities
provided
shall
be
one
for
each
twenty-five
thousand
27
population
or
a
fractional
part
of
that
population.
28
Sec.
11.
Section
455C.16,
Code
2021,
is
amended
to
read
as
29
follows:
30
455C.16
Beverage
containers
——
disposal
at
sanitary
landfill
31
prohibited.
32
Beginning
July
1,
1990,
the
The
final
disposal
of
beverage
33
containers
by
a
dealer,
distributor,
or
manufacturer,
or
34
person
operating
a
redemption
center,
in
a
sanitary
landfill,
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is
prohibited.
Beginning
September
1,
1992
,
including
the
1
final
disposal
of
beverage
containers
that
used
to
contain
2
alcoholic
liquor
as
defined
in
section
123.3,
subsection
5
,
3
by
a
participating
dealer,
distributor,
or
manufacturer,
or
4
person
operating
a
redemption
center
in
a
sanitary
landfill
,
5
is
prohibited.
6
Sec.
12.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
7
effect
July
1,
2022.
8
DIVISION
II
9
REPEAL
OF
CURRENT
BEVERAGE
CONTAINER
CONTROL
LAW
10
Sec.
13.
Section
123.24,
subsection
2,
paragraph
d,
Code
11
2021,
is
amended
by
striking
the
paragraph.
12
Sec.
14.
Section
123.26,
Code
2021,
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.
15.
Section
123.187,
subsection
3,
paragraph
e,
Code
27
2021,
is
amended
by
striking
the
paragraph.
28
Sec.
16.
Section
423.6,
subsection
3,
paragraph
a,
Code
29
2021,
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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470
recovery,
or
return
of
empty
beverage
containers
subject
to
1
chapter
455C
.
2
Sec.
17.
Section
455A.4,
subsection
1,
paragraph
b,
Code
3
2021,
is
amended
to
read
as
follows:
4
b.
Provide
overall
supervision,
direction,
and
coordination
5
of
functions
to
be
administered
by
the
administrators
under
6
chapters
321G
,
321I
,
455B
,
455C
,
456A
,
456B
,
457A
,
458A
,
459
,
7
459A
,
459B
,
461A
,
462A
,
462B
,
464A
,
465C
,
473
,
481A
,
481B
,
8
483A
,
484A
,
and
484B
.
9
Sec.
18.
Section
455A.6,
subsection
6,
paragraphs
a,
b,
and
10
d,
Code
2021,
are
amended
to
read
as
follows:
11
a.
Establish
policy
for
the
department
and
adopt
rules,
12
pursuant
to
chapter
17A
,
necessary
to
provide
for
the
effective
13
administration
of
chapter
455B
,
455C
,
or
459
.
14
b.
Hear
appeals
in
contested
cases
pursuant
to
chapter
17A
15
on
matters
relating
to
actions
taken
by
the
director
under
16
chapter
455C,
458A
,
464B
,
or
473
.
17
d.
Approve
the
budget
request
prepared
by
the
director
18
for
the
programs
authorized
by
chapters
455B
,
455C
,
455E
,
19
455F
,
455H
,
and
459,
subchapters
II
and
III
.
The
commission
20
shall
approve
the
budget
request
prepared
by
the
director
for
21
programs
subject
to
the
rulemaking
authority
of
the
commission.
22
The
commission
may
increase,
decrease,
or
strike
any
item
23
within
the
department
budget
request
for
the
specified
programs
24
before
granting
approval.
25
Sec.
19.
Section
455B.313,
subsection
1,
Code
2021,
is
26
amended
to
read
as
follows:
27
1.
A
distributor
as
defined
in
section
455C.1,
subsection
28
9
,
shall
not
sell
or
offer
to
sell
any
beverage
container
29
if
the
beverage
container
is
connected
to
another
beverage
30
container
by
a
device
constructed
of
a
material
which
that
is
31
not
biodegradable
or
photodegradable.
32
Sec.
20.
Section
455B.313,
Code
2021,
is
amended
by
adding
33
the
following
new
subsection:
34
NEW
SUBSECTION
.
3.
For
purposes
of
this
section,
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“distributor”
means
any
person
who
engages
in
the
sale
of
1
beverages
in
beverage
containers
to
a
dealer
in
this
state,
2
as
those
terms
are
defined
in
section
123B.1,
including
any
3
manufacturer
who
engages
in
such
sales.
4
Sec.
21.
REPEAL.
Chapter
455C,
Code
2021,
is
repealed.
5
Sec.
22.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
6
effect
January
1,
2023.
7
DIVISION
III
8
NEW
BEVERAGE
CONTAINER
CONTROL
LAW
9
Sec.
23.
NEW
SECTION
.
123B.1
Definitions.
10
As
used
in
this
chapter,
unless
the
context
otherwise
11
requires:
12
1.
“Beverage”
means
wine
as
defined
in
section
123.3,
13
subsection
54,
alcoholic
liquor
as
defined
in
section
123.3,
14
subsection
5,
beer
as
defined
in
section
123.3,
subsection
15
7,
high
alcoholic
content
beer
as
defined
in
section
123.3,
16
subsection
22,
canned
cocktail
as
defined
in
section
123.3,
17
subsection
11,
and
mineral
water,
soda
water,
and
similar
18
carbonated
soft
drinks
in
liquid
form
and
intended
for
human
19
consumption.
20
2.
“Beverage
container”
means
any
sealed
glass,
plastic,
or
21
metal
bottle,
can,
jar,
or
carton
containing
a
beverage.
22
3.
“Commission”
means
the
alcoholic
beverages
commission
23
established
in
chapter
123.
24
4.
“Consumer”
means
any
person
who
purchases
a
beverage
in
a
25
beverage
container
for
use
or
consumption.
26
5.
“Dealer”
means
any
person
who
engages
in
the
sale
of
27
beverages
in
beverage
containers
to
a
consumer.
28
6.
“Division”
means
the
alcoholic
beverages
division
of
the
29
department
of
commerce
established
in
chapter
123.
30
7.
“Redemption
center”
means
a
facility
at
which
consumers
31
may
return
empty
beverage
containers
and
receive
payment
for
32
the
refund
value
of
the
empty
beverage
containers.
33
Sec.
24.
NEW
SECTION
.
123B.2
Refund
values
——
recycling
34
——
reimbursement.
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1.
a.
A
refund
value
of
five
cents
shall
be
paid
by
a
1
consumer
to
a
dealer
on
each
beverage
container
sold
in
this
2
state
by
the
dealer
for
consumption
off
the
premises.
3
b.
On
a
monthly
basis,
a
dealer
shall
submit
to
the
4
department
of
revenue,
in
a
form
and
manner
determined
by
5
the
department,
receipts
indicating
the
number
of
beverage
6
containers
sold
by
the
dealer
and
the
five-cent
refund
value
7
collected
for
each
beverage
container
sold
by
the
dealer
8
pursuant
to
paragraph
“a”
.
The
department
of
revenue
shall
9
credit
monthly
to
the
treasurer
of
state
for
deposit
in
the
10
bottle
bill
deposit
fund
established
in
section
123B.11
the
11
refund
value
collected
from
dealers
under
this
paragraph.
12
2.
A
consumer
may
redeem
the
refund
value
by
returning
13
a
beverage
container
to
a
redemption
center.
Upon
return
of
14
the
empty
beverage
container,
upon
which
a
refund
value
has
15
been
paid,
to
a
redemption
center
and
acceptance
of
the
empty
16
beverage
container
by
the
redemption
center,
the
redemption
17
center
shall
pay
the
amount
of
the
refund
value
to
the
consumer
18
within
a
reasonable
time.
19
3.
A
redemption
center
shall
dispose
of
beverage
containers
20
by
transporting
or
causing
the
transport
of
the
beverage
21
containers
to
a
recycling
site.
22
4.
On
a
monthly
basis,
a
redemption
center
shall
be
23
reimbursed
by
the
division
from
the
bottle
bill
deposit
fund
24
established
in
section
123B.11
the
amount
of
refund
value
that
25
the
redemption
center
has
paid
to
consumers
and
the
handling
26
fee.
The
division
shall
establish
the
handling
fee
by
rule
27
in
an
amount
that
is
one
and
one-half
cents
per
beverage
28
container,
but
the
division
may
establish
accuracy
standards
to
29
account
for
discrepancies
in
the
weight
of
recycled
material
30
and
the
number
of
beverage
containers
the
redemption
center
31
claims
to
have
been
recycled.
32
Sec.
25.
NEW
SECTION
.
123B.3
Refusal
to
accept
containers.
33
A
redemption
center
may
refuse
to
accept
any
empty
beverage
34
container
that
does
not
have
stated
on
it
a
refund
value
as
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provided
under
section
123B.4.
1
Sec.
26.
NEW
SECTION
.
123B.4
Refund
value
stated
on
2
container
——
exceptions.
3
1.
Each
beverage
container
sold
or
offered
for
sale
in
4
this
state
by
a
dealer
shall
clearly
indicate
the
refund
5
value
of
the
container
by
embossing
or
by
a
stamp,
label,
or
6
other
method
securely
affixed
to
the
container.
The
division
7
shall
specify,
by
rule,
the
minimum
size
of
the
refund
value
8
indication
on
the
beverage
containers
and
require
registration
9
of
the
universal
product
code
for
each
beverage
container
in
a
10
format
required
by
the
division.
11
2.
A
person,
except
a
distributor,
shall
not
import
12
into
this
state
a
beverage
container
that
does
not
have
13
securely
affixed
to
the
container
the
refund
value
indication.
14
This
subsection
does
not
apply
under
any
of
the
following
15
circumstances:
16
a.
For
beverage
containers
containing
alcoholic
liquor
as
17
defined
in
section
123.3,
subsection
5,
the
total
capacity
of
18
the
containers
is
not
more
than
one
quart
or,
in
the
case
of
19
alcoholic
liquor
personally
obtained
outside
the
United
States,
20
one
gallon.
21
b.
For
beverage
containers
containing
beer
as
defined
22
in
section
123.3,
subsection
7,
the
total
capacity
of
the
23
containers
is
not
more
than
two
hundred
eighty-eight
fluid
24
ounces.
25
c.
For
all
other
beverage
containers,
the
total
capacity
of
26
the
containers
is
not
more
than
five
hundred
seventy-six
fluid
27
ounces.
28
3.
Subsections
1
and
2
do
not
apply
to
a
refillable
glass
29
beverage
container
that
has
a
brand
name
permanently
marked
30
on
it
and
that
has
a
refund
value
of
five
cents,
to
any
other
31
refillable
beverage
container
that
has
a
refund
value
of
five
32
cents
and
that
is
exempted
by
rules
adopted
by
the
commission,
33
or
to
a
beverage
container
sold
aboard
a
commercial
airliner
or
34
passenger
train
for
consumption
on
the
premises.
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Sec.
27.
NEW
SECTION
.
123B.5
Redemption
centers.
1
To
facilitate
the
return
of
empty
beverage
containers,
any
2
person
may
establish
a
redemption
center
at
which
consumers
may
3
return
empty
beverage
containers
and
receive
payment
of
the
4
refund
value
of
such
beverage
containers.
5
Sec.
28.
NEW
SECTION
.
123B.6
Rules.
6
The
commission
shall
adopt,
upon
recommendation
of
the
7
division,
rules
necessary
to
carry
out
the
provisions
of
this
8
chapter,
subject
to
the
provisions
of
chapter
17A.
9
Sec.
29.
NEW
SECTION
.
123B.7
Penalties.
10
1.
Except
as
provided
in
subsection
2,
any
person
violating
11
the
provisions
of
section
123B.2
or
123B.4,
or
a
rule
adopted
12
under
this
chapter,
shall
be
guilty
of
a
simple
misdemeanor.
13
2.
Any
person
who
does
any
of
the
following
acts
is
guilty
14
of
a
fraudulent
practice
under
chapter
714:
15
a.
Collects
or
attempts
to
collect
the
refund
value
on
a
16
beverage
container
a
second
time,
with
the
knowledge
that
the
17
refund
value
has
once
been
paid
by
the
redemption
center
to
a
18
consumer.
19
b.
Manufactures,
sells,
possesses,
or
applies
a
false
or
20
counterfeit
label
or
indication
that
shows
or
purports
to
show
21
a
refund
value
for
a
beverage
container,
with
intent
to
use
the
22
false
or
counterfeit
label
or
indication.
23
c.
Collects
or
attempts
to
collect
a
refund
value
on
24
a
container
with
the
use
of
a
false
or
counterfeit
label
25
or
indication
showing
a
refund
value,
knowing
the
label
or
26
indication
to
be
false
or
counterfeit.
27
d.
Intentionally
submits
to
the
division
a
request
for
28
reimbursement
of
refund
value
that
does
not
accurately
reflect
29
the
number
of
beverage
containers
collected
and
recycled
by
a
30
redemption
center
for
the
period
that
the
redemption
center
31
seeks
reimbursement.
32
3.
As
used
in
this
section,
“a
false
or
counterfeit
label
33
or
indication”
means
a
label
or
indication
purporting
to
show
34
a
valid
refund
value
that
has
not
been
initially
applied
as
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authorized
by
a
distributor.
1
4.
Subsection
2,
paragraph
“a”
,
does
not
apply
to
empty
2
beverage
containers
that
are
intended
to
be
refillable
3
and
are
in
a
standard
of
condition
to
be
refillable
by
the
4
manufacturer,
notwithstanding
any
standard
for
sanitization.
5
5.
A
person
who
violates
any
provision
of
this
chapter
6
shall
be
subject
to
a
civil
penalty
that
shall
be
established,
7
assessed,
and
collected
by
the
division
by
rule,
but
shall
not
8
exceed
two
thousand
dollars
per
violation.
Any
civil
penalty
9
collected
under
this
chapter
shall
be
deposited
in
the
general
10
fund
of
the
state.
11
Sec.
30.
NEW
SECTION
.
123B.8
Administrative
enforcement
——
12
compliance
orders.
13
The
administrator
of
the
division
may
issue
any
order
14
necessary
to
secure
compliance
with
or
prevent
a
violation
of
15
the
provisions
of
this
chapter
or
any
rule
adopted
or
permit
16
or
order
issued
pursuant
to
this
chapter.
The
person
to
whom
17
the
compliance
order
is
issued
may
cause
to
be
commenced
a
18
contested
case
within
the
meaning
of
chapter
17A
by
filing
19
within
thirty
days
a
notice
of
appeal
to
the
commission.
On
20
appeal,
the
commission
may
affirm,
modify,
or
vacate
the
order
21
of
the
administrator
of
the
division.
22
Sec.
31.
NEW
SECTION
.
123B.9
Judicial
review.
23
Judicial
review
of
any
order
or
other
action
of
the
24
commission
or
administrator
of
the
division
may
be
sought
in
25
accordance
with
the
terms
of
chapter
17A.
Notwithstanding
the
26
terms
of
chapter
17A,
petitions
for
judicial
review
may
be
27
filed
in
the
district
court
of
the
county
in
which
the
alleged
28
offense
was
committed.
29
Sec.
32.
NEW
SECTION
.
123B.10
Civil
actions
for
compliance
30
——
penalties.
31
1.
The
attorney
general,
on
request
of
the
division,
shall
32
institute
any
legal
proceedings
necessary
to
obtain
compliance
33
with
an
order
of
the
commission
or
the
administrator
of
the
34
division,
including
proceedings
for
a
temporary
injunction,
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or
prosecuting
any
person
for
a
violation
of
an
order
of
1
the
commission
or
the
administrator
of
the
division
or
the
2
provisions
of
this
chapter
or
any
rules
adopted
or
permit
or
3
order
issued
pursuant
to
this
chapter.
4
2.
Any
person
who
violates
an
order
issued
pursuant
to
5
section
123B.8
shall
be
subject
to
a
civil
penalty,
not
to
6
exceed
two
thousand
dollars
for
each
day
of
such
violation.
7
Sec.
33.
NEW
SECTION
.
123B.11
Refund
value
payment
program
8
——
fund
created.
9
1.
The
division
shall
establish
and
administer
a
refund
10
value
payment
program.
The
purpose
of
the
program
shall
be
11
to
administer
payments
of
refund
value
and
handling
fees
to
12
redemption
centers
after
the
redemption
centers
accept
empty
13
beverage
containers
from
consumers.
The
program
shall
be
14
administered
in
accordance
with
rules
adopted
by
the
commission
15
pursuant
to
chapter
17A.
16
2.
A
bottle
bill
deposit
fund
is
established
in
the
state
17
treasury
under
the
control
of
the
division.
The
fund
shall
18
consist
of
moneys
deposited
in
the
fund
pursuant
to
section
19
123B.2.
Moneys
in
the
fund
are
appropriated
to
the
division
20
for
purposes
designated
in
subsection
4.
Notwithstanding
21
section
8.33,
moneys
in
the
fund
that
remain
unencumbered
or
22
unobligated
at
the
close
of
a
fiscal
year
shall
not
revert
23
but
shall
remain
available
for
expenditure
for
the
purposes
24
designated.
Notwithstanding
section
12C.7,
subsection
2,
25
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
26
to
the
fund.
27
3.
A
bottle
bill
cash
reserve
account
is
established
28
within
the
bottle
bill
deposit
fund.
Moneys
in
the
bottle
29
bill
deposit
fund
on
July
1,
2024,
shall
be
deposited
in
the
30
account.
The
division
shall
use
moneys
in
the
account
in
the
31
event
that
the
other
moneys
in
the
bottle
bill
deposit
fund
32
are
insufficient
to
issue
reimbursement
and
handling
fees
33
to
redemption
centers.
At
the
end
of
each
fiscal
year,
the
34
account
shall
be
replenished
to
the
original
amount
deposited
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on
July
1,
2024,
from
the
other
moneys
in
the
bottle
bill
1
deposit
fund
if
such
other
moneys
are
available.
2
4.
Moneys
in
the
fund
shall
be
used
by
the
division
for
all
3
of
the
following
purposes:
4
a.
Issuing
reimbursement
of
refund
value
to
a
redemption
5
center
after
the
redemption
center
accepts
empty
beverage
6
containers
from
and
pays
the
refund
value
to
a
consumer.
7
b.
Issuing
the
handling
fee
to
a
redemption
center
for
each
8
beverage
container
that
a
redemption
center
accepts
from
a
9
consumer.
10
c.
Covering
administrative
costs
to
administer
the
refund
11
value
payment
program
in
an
amount
determined
by
the
commission
12
by
rule.
13
d.
Annually
transferring
an
amount
of
moneys
to
the
taxpayer
14
relief
fund
established
in
section
8.57E
that
is
equal
to
the
15
amount
of
unclaimed
deposits
at
the
end
of
the
fiscal
year
16
minus
the
amount
necessary
to
cover
administrative
costs,
the
17
amount
necessary
to
replenish
the
bottle
bill
cash
reserve
18
account,
and
the
amount
in
the
bottle
bill
cash
reserve
19
account.
20
e.
Replenishing
the
bottle
bill
cash
reserve
account
when
21
necessary.
22
Sec.
34.
NEW
SECTION
.
455D.9B
Disposal
of
beverage
23
containers
at
sanitary
landfill
prohibited.
24
The
final
disposal
of
beverage
containers,
as
defined
in
25
section
123B.1,
including
the
final
disposal
of
beverage
26
containers
that
used
to
contain
alcoholic
liquor
as
defined
in
27
section
123.3,
subsection
5,
by
a
redemption
center,
as
defined
28
in
section
123B.1,
in
a
sanitary
landfill
is
prohibited.
29
Sec.
35.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
30
effect
January
1,
2023.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
Under
current
law,
a
consumer
may
return
an
empty
beverage
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container
upon
which
a
5-cent
refund
value
has
been
paid
to
a
1
dealer
or
a
redemption
center.
When
a
distributor
collects
2
empty
beverage
containers
from
a
dealer,
dealer
agent,
or
3
redemption
center,
the
distributor
reimburses
the
dealer,
4
dealer
agent,
or
redemption
center
the
refund
value
plus
a
5
1-cent
handling
fee
for
each
empty
beverage
container.
Current
6
law
also
allows
any
person
to
establish
a
redemption
center
7
that
serves
a
dealer
if
it
is
approved
by
the
department
of
8
natural
resources.
Any
person
may
also
establish
an
unapproved
9
redemption
center.
10
DIVISION
I.
This
bill
increases
the
handling
fee
to
2
cents,
11
but
only
when
paid
to
a
redemption
center.
The
bill
provides
12
that
a
dealer
may
choose
to
not
accept
beverage
containers
13
if
a
redemption
center
is
located
within
a
20-mile
radius
of
14
the
dealer.
The
bill
makes
numerous
changes
throughout
Code
15
chapter
455C
to
change
instances
of
“dealer”
to
“participating
16
dealer”,
remove
obsolete
language,
and
stylistically
and
17
grammatically
update
the
Code
chapter.
18
This
division
of
the
bill
takes
effect
July
1,
2022.
19
DIVISION
II.
The
bill
repeals
the
current
beverage
20
container
control
law
(Code
chapter
455C)
on
January
1,
2023,
21
and
makes
corresponding
changes.
22
DIVISION
III.
The
bill
creates
a
new
Code
chapter
123B
23
to
place
beverage
container
control
provisions
under
the
24
authority
of
the
alcoholic
beverages
division
(ABD)
within
25
the
department
of
commerce.
Under
the
new
beverage
container
26
control
provisions,
a
dealer
shall
submit
to
the
department
27
of
revenue
on
a
monthly
basis
receipts
indicating
the
number
28
of
beverage
containers
sold
by
the
dealer
and
the
5-cent
29
refund
value
collected
for
each
beverage
container
sold
by
30
the
dealer.
The
department
of
revenue
shall
credit
monthly
31
to
the
treasurer
of
state
for
deposit
in
the
bottle
bill
32
deposit
fund
established
in
the
bill
the
refund
value
collected
33
from
dealers.
A
consumer
may
redeem
the
refund
value
by
34
returning
an
empty
beverage
container
to
a
redemption
center.
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After
payment
of
the
refund
value
by
a
redemption
center
to
1
a
consumer,
the
redemption
center
shall
dispose
of
empty
2
beverage
containers
by
transporting
the
beverage
containers
to
3
a
recycling
site.
After
a
redemption
center
provides
proof
of
4
recycling,
ABD
shall
reimburse
the
redemption
center
the
refund
5
value
paid
to
consumers
and
a
handling
fee
provided
by
rule.
6
The
reimbursement
shall
be
paid
from
the
bottle
bill
deposit
7
fund
established
in
the
bill.
This
division
of
the
bill
does
8
not
require
a
distributor
to
pick
up
beverage
containers
and
9
reimburse
redemption
centers.
10
The
bill
requires
ABD
to
establish
and
administer
a
refund
11
value
payment
program
for
the
purpose
of
administering
payments
12
of
refund
value
and
handling
fees
to
redemption
centers.
The
13
bill
establishes
a
bottle
bill
deposit
fund
in
the
state
14
treasury
under
the
control
of
the
division.
Moneys
in
the
15
bottle
bill
deposit
fund
may
be
used
for
purposes
of
issuing
16
refund
value
and
the
handling
fee
to
a
redemption
center,
17
covering
administrative
costs
to
administer
the
program,
18
annually
transferring
moneys
to
the
taxpayer
relief
fund,
and
19
replenishing
the
bottle
bill
cash
reserve
account
established
20
within
the
fund.
21
The
bill
requires
ABD
to
require
by
rule
registration
of
the
22
universal
product
code
for
each
beverage
container
in
a
format
23
required
by
ABD.
The
bill
requires
the
alcoholic
beverages
24
commission,
at
the
recommendation
of
ABD,
to
adopt
rules
to
25
carry
out
this
division
of
the
bill.
26
The
bill
provides
penalty
provisions
primarily
based
on
27
simple
misdemeanors
and
fraudulent
practices
in
current
Code
28
chapter
455C,
but
also
creates
the
fraudulent
practice
of
29
intentionally
submitting
to
ABD
a
request
for
reimbursement
30
of
refund
value
that
does
not
accurately
reflect
the
number
31
of
beverage
containers
collected
and
recycled
by
a
redemption
32
center
for
the
period
that
the
redemption
center
seeks
33
reimbursement.
The
bill
also
provides
for
civil
enforcement
by
34
ABD,
including
the
imposition
of
civil
penalties
not
to
exceed
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