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House Study Bill 84

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 455C.1, subsections 1 and 9, Code 1995,
  1  2 are amended to read as follows:
  1  3    1.  "Beverage" means wine as defined in section 123.3,
  1  4 subsection 37, alcoholic liquor as defined in section 123.3,
  1  5 subsection 5, beer as defined in section 123.3, subsection 7,
  1  6 mineral water, soda water and similar carbonated soft drinks
  1  7 in liquid form and intended for human consumption.
  1  8    9.  "Distributor" means any person who engages in the sale
  1  9 or distribution of beverages in beverage containers to a
  1 10 dealer in this state, including any manufacturer who engages
  1 11 in such sales or distribution.
  1 12    Sec. 2.  Section 455C.3, subsection 2, Code 1995, is
  1 13 amended to read as follows:
  1 14    2.  A distributor shall accept and pick up from a dealer
  1 15 served by the distributor or from a redemption center for a
  1 16 dealer served by the distributor at least weekly, or when the
  1 17 distributor delivers the beverage product if deliveries are
  1 18 less frequent than weekly, any empty beverage container of the
  1 19 kind, size and brand sold or distributed by the distributor,
  1 20 and shall pay to the dealer or person operating a redemption
  1 21 center the refund value of a beverage container and the
  1 22 reimbursement as provided under section 455C.2 within one week
  1 23 following pickup of the containers or when the dealer or
  1 24 redemption center normally pays the distributor for the
  1 25 deposit on beverage products purchased from the distributor if
  1 26 less frequent than weekly.  A distributor or employee or agent
  1 27 of a distributor is not in violation of this subsection if a
  1 28 redemption center is closed when the distributor attempts to
  1 29 make a regular delivery or a regular pickup of empty beverage
  1 30 containers.  This subsection does not apply to a distributor
  1 31 selling alcoholic liquor to the alcoholic beverages division
  1 32 of the department of commerce.
  1 33    Sec. 3.  Section 455C.3, subsection 5, Code 1995, is
  1 34 amended by striking the subsection.
  1 35    Sec. 4.  Section 455C.4, subsections 3 and 4, Code 1995,
  2  1 are amended by striking the subsections.
  2  2    Sec. 5.  Section 455C.5, subsection 2, paragraph a, Code
  2  3 1995, is amended by striking the paragraph.
  2  4    Sec. 6.  Section 455C.16, Code 1995, is amended to read as
  2  5 follows:
  2  6    455C.16  BEVERAGE CONTAINERS &endash; DISPOSAL AT SANITARY
  2  7 LANDFILL PROHIBITED.
  2  8    Beginning July 1, 1990, the final disposal of beverage
  2  9 containers by a dealer, distributor, or manufacturer, or
  2 10 person operating a redemption center, in a sanitary landfill,
  2 11 is prohibited.  Beginning September 1, 1992, the final
  2 12 disposal of beverage containers used to contain alcoholic
  2 13 liquor as defined in section 123.3, subsection 8, by a dealer,
  2 14 distributor, or manufacturer, or person operating a redemption
  2 15 center in a sanitary landfill, is prohibited.
  2 16    Sec. 7.  Section 455D.3, subsection 4, Code 1995, is
  2 17 amended to read as follows:
  2 18    4.  Solid waste management techniques.  A planning area
  2 19 that fails to meet the twenty-five percent goal shall
  2 20 implement the following solid waste management techniques:
  2 21    a.  Remit fifty cents per ton to the department, as of July
  2 22 1, 1995.  The funds shall be deposited in the solid waste
  2 23 account under section 455E.11, subsection 2, paragraph "a", to
  2 24 be used in accordance with section 455E.11, subsection 2,
  2 25 paragraph "a", subparagraph (9).  Moneys under this paragraph
  2 26 shall be remitted until such time as evidence of attainment of
  2 27 the twenty-five percent goal is documented in subsequent
  2 28 comprehensive plans submitted to the department.
  2 29    b. a.  Notify the public of the planning area's failure to
  2 30 meet the waste volume reduction goals of this section,
  2 31 utilizing standard language developed by the department for
  2 32 that purpose.
  2 33    c. b.  Develop draft ordinances which shall be used by
  2 34 local governments for establishing collection fees that are
  2 35 based on volume or on the number of containers used for
  3  1 disposal by residents.
  3  2    d. c.  Conduct an educational and promotional program to
  3  3 inform citizens of the manner and benefits of reducing,
  3  4 reusing, and recycling materials and the procurement of
  3  5 products made with recycled content.  The program shall
  3  6 include the following:
  3  7    (1)  Targeted waste reduction and recycling education for
  3  8 residents, including multifamily dwelling complexes having
  3  9 five or more units.
  3 10    (2)  An intensive one-day seminar for the commercial sector
  3 11 regarding the benefits of and opportunities for waste
  3 12 reduction and recycling.
  3 13    (3)  Promotion of recycling through targeted community and
  3 14 media events.
  3 15    (4)  Recycling notification and education packets to all
  3 16 new residential, commercial, and institutional collection
  3 17 service customers that include, at a minimum, the manner of
  3 18 preparation of materials for collection, and the reasons for
  3 19 separation of materials for recycling.
  3 20    Sec. 8.  Section 455D.4, Code 1995, is amended by adding
  3 21 the following new subsection:
  3 22    NEW SUBSECTION.  6.  It is the policy of this state to
  3 23 encourage unified, comprehensive waste collection and
  3 24 recycling programs by encouraging the development of curbside
  3 25 recycling programs for collection of household waste.
  3 26    Sec. 9.  DEPARTMENT OF NATURAL RESOURCES.  The department
  3 27 shall use landfill alternative grant moneys under section
  3 28 455E.11 to provide incentives to a glass processing company to
  3 29 locate a glass processing plant in a central location within
  3 30 the state.  
  3 31                           EXPLANATION
  3 32    This bill amends section 455D.3, to provide that planning
  3 33 areas that do not meet the July 1, 1994, waste reduction and
  3 34 recycling goals are not required to remit an additional 50
  3 35 cents per ton tonnage fee to the department of natural
  4  1 resources.
  4  2    The bill removes wine and alcoholic liquor from the
  4  3 definition of beverages so that containers containing these
  4  4 beverages are no longer subject to the five cent mandatory
  4  5 beverage container deposit.  In addition, the bill changes the
  4  6 definition of distributor to include persons who sell or
  4  7 distribute beverages to a retail outlet.  This means that a
  4  8 distributor must pay the one cent handling fee to a redemption
  4  9 center for in-store brands of beverages that are distributed
  4 10 to a retail outlet.
  4 11    The bill requests the department of natural resources to
  4 12 use landfill alternative grant moneys to provide a grant to a
  4 13 glass processing company to locate a glass processing plant in
  4 14 a central Iowa location.  Landfill alternative grant moneys
  4 15 are allocated to the department from the solid waste account
  4 16 of the groundwater protection fund under section 455E.11 and
  4 17 are used to encourage alternatives to landfilling.
  4 18    Finally, the bill establishes as a public policy of the
  4 19 state, the encouragement of curbside recycling programs.  
  4 20 LSB 1716HC 76
  4 21 js/cf/24
     

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