Text: HF02317 Text: HF02319 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455C.1, subsection 2, Code 1999, is 1 2 amended to read as follows: 1 3 2. "Beverage container" meansany sealeda glass, plastic, 1 4 or metal bottle, can, jar, orcartonother container sealed by 1 5 a manufacturer and containing a beverage. 1 6 Sec. 2. Section 455C.2, subsection 2, Code 1999, is 1 7 amended to read as follows: 1 8 2. In addition to the refund value provided in subsection 1 9 1of this section, a dealer, or person operating a redemption 1 10 center who redeems empty beverage containers or a dealer agent 1 11 shall be reimbursed by the distributor required to accept the 1 12 empty beverage containers an amount which isone centtwo 1 13 cents per container. A dealer, dealer agent, or person 1 14 operating a redemption center may compact empty metal beverage 1 15 containers with the approval of the distributor required to 1 16 accept the containers. 1 17 Sec. 3. Section 455C.2, Code 1999, is amended by adding 1 18 the following new subsection: 1 19 NEW SUBSECTION. 3. a. Beginning October 1, 2000, a 1 20 distributor shall pay a fee to the department equivalent to 1 21 one cent per container for every empty beverage container the 1 22 distributor was required to accept. Payments received by the 1 23 department under this subsection shall be deposited by the 1 24 department in the Robert D. Ray beautiful land fund 1 25 established in section 455C.18. 1 26 b. Fees imposed under this subsection shall be paid to the 1 27 department on a quarterly basis with payment due by no more 1 28 than ninety days following the quarter during which the 1 29 containers were accepted. The payment shall be accompanied by 1 30 a return which shall include information required by the 1 31 department. 1 32 c. A distributor required to pay fees under this 1 33 subsection who fails or refuses to pay the fees imposed by 1 34 this subsection or who fails or refuses to provide the return 1 35 required by this subsection shall be assessed a penalty of two 2 1 percent of the fee due for each month the fee or return is 2 2 overdue. The penalty shall be in addition to the fee due. 2 3 Sec. 4. Section 455C.3, Code 1999, is amended by adding 2 4 the following new subsection: 2 5 NEW SUBSECTION. 6. A dealer who manufactures its own 2 6 beverage for exclusive sale by the dealer has the obligation 2 7 of a distributor under this section. 2 8 Sec. 5. Section 455C.4, subsection 3, Code 1999, is 2 9 amended by striking the subsection. 2 10 Sec. 6. Section 455C.16, Code 1999, is amended to read as 2 11 follows: 2 12 455C.16 BEVERAGE CONTAINERS – DISPOSAL AT SANITARY 2 13 LANDFILL PROHIBITED. 2 14Beginning July 1, 1990, theThe final disposal of beverage 2 15 containers by a dealer, distributor, or manufacturer, or 2 16 person operating a redemption center, in a sanitary landfill, 2 17 is prohibited.Beginning September 1, 1992, the final2 18disposal of beverage containers used to contain alcoholic2 19liquor as defined in section 123.3, subsection 8, by a dealer,2 20distributor, or manufacturer, or person operating a redemption2 21center in a sanitary landfill, is prohibited.A person 2 22 violating this section is guilty of a simple misdemeanor. 2 23 Sec. 7. NEW SECTION. 455C.17 MINIMUM RECYCLED CONTENT. 2 24 A beverage container sold or offered for sale in this state 2 25 shall have a minimum postconsumer recycled content of twenty- 2 26 five percent by weight. 2 27 Sec. 8. NEW SECTION. 455C.18 ROBERT D. RAY BEAUTIFUL 2 28 LAND FUND. 2 29 1. The Robert D. Ray beautiful land fund is established in 2 30 the office of the treasurer of state under the control of the 2 31 department. The fund shall consist of any moneys appropriated 2 32 by the general assembly for that purpose and any other moneys 2 33 available to and obtained or accepted by the department for 2 34 placement in the fund. The fund shall also include fees 2 35 received by the department pursuant to section 455C.2, 3 1 subsection 3. 3 2 2. Moneys in the fund are appropriated annually as 3 3 follows: 3 4 a. Two hundred fifty thousand dollars to the state 3 5 department of transportation to be used for purposes of the 3 6 adopt-a-highway program administered by the department. 3 7 b. Three hundred fifty thousand dollars to the state board 3 8 of regents for the Iowa waste reduction center for the safe 3 9 and economic management of solid waste and hazardous 3 10 substances established in section 268.4 for purposes of the 3 11 Iowa waste exchange. 3 12 c. Up to five hundred thousand dollars to the department 3 13 of natural resources for purposes of reimbursing distributors 3 14 pursuant to section 455C.19. 3 15 d. The remaining funds to the department of natural 3 16 resources to be used as follows: 3 17 (1) One-third of the remaining moneys shall be used to 3 18 provide financial assistance to cities, counties, or private 3 19 organizations for purposes of assisting adopt-a-place programs 3 20 designed to address litter collection and prevention. 3 21 (2) One-sixth of the remaining moneys shall be used to 3 22 provide grants to dealers, dealer agents, and persons 3 23 operating a redemption center for purposes of increasing the 3 24 effectiveness, efficiency, and convenience of redemption. 3 25 (3) One-sixth of the remaining moneys shall be used to 3 26 provide grants to cities, counties, or private organizations 3 27 for purposes of awareness, informational, or educational 3 28 programs designed to address litter and illegal dumping 3 29 issues. 3 30 (4) One-sixth of the remaining moneys shall be used to 3 31 provide grants to cities, counties, or private organizations 3 32 for purposes of awareness, informational, or educational 3 33 programs designed to address waste reduction, waste reuse, and 3 34 recycling issues. 3 35 (5) One-sixth of the remaining moneys shall be used to 4 1 provide no-interest loans to cities, counties, or public or 4 2 private organizations for purposes of developing end uses and 4 3 markets for recyclables in the state. 4 4 3. Notwithstanding section 8.33, all moneys in the Robert 4 5 D. Ray beautiful land fund which remain unexpended or 4 6 unobligated at the end of each fiscal year shall not revert to 4 7 the general fund of the state but shall remain available for 4 8 expenditure in subsequent fiscal years. 4 9 Sec. 9. NEW SECTION. 455C.19 REIMBURSEMENT TO 4 10 DISTRIBUTORS. 4 11 1. A distributor seeking reimbursement from the department 4 12 pursuant to this section shall maintain separate records and 4 13 accounting relating to the amount of refund value paid and 4 14 received by the distributor. 4 15 2. Beginning on October 1, 2000, and on a quarterly basis 4 16 thereafter, a distributor may submit an application to the 4 17 department requesting reimbursement if, during the previous 4 18 three months, the distributor paid a greater amount of refund 4 19 value than was received by the distributor. Reimbursement by 4 20 the department shall not exceed the difference between the 4 21 amount of refund value paid by the distributor and the amount 4 22 of refund value received by distributor. 4 23 3. A distributor submitting an application shall include 4 24 on the application all information required by the department 4 25 including, but not limited to, records relating to the amount 4 26 of refund value paid and received by the distributor. 4 27 EXPLANATION 4 28 This bill amends the beverage containers control laws in 4 29 Code chapter 455C. 4 30 The bill increases the per container reimbursement amount 4 31 from one cent to two cents that a dealer, dealer agent, or 4 32 person operating a redemption center receives from a 4 33 distributor for each empty beverage container accepted by the 4 34 distributor. 4 35 The bill provides that, beginning October 1, 2000, a 5 1 distributor shall pay a fee to the department of natural 5 2 resources of one cent for every empty beverage container the 5 3 distributor was required to accept. The bill provides that 5 4 the fees shall be paid on a quarterly basis and shall be 5 5 accompanied by a return. The bill provides penalties for 5 6 overdue fees and returns. The bill provides that the fees 5 7 paid by the distributors shall be deposited in the Robert D. 5 8 Ray beautiful land fund. 5 9 The bill creates the Robert D. Ray beautiful land fund and 5 10 provides the manner in which the moneys in the fund are to be 5 11 appropriated annually. The bill provides that $250,000 of the 5 12 fund is appropriated to the state department of transportation 5 13 for purposes of the adopt-a-highway program, $350,000 is 5 14 appropriated to the state board of regents for the Iowa waste 5 15 reduction center for purposes of the Iowa waste exchange, and 5 16 up to $500,000 is appropriated to the department of natural 5 17 resources for purposes of reimbursing distributors as provided 5 18 in the bill. The bill provides that the remaining moneys are 5 19 appropriated to the department of natural resources to be used 5 20 as follows: 5 21 1. One-third to provide financial assistance for purposes 5 22 of assisting adopt-a-place programs designed to address litter 5 23 collection and prevention. 5 24 2. One-sixth to provide grants to dealers, dealer agents, 5 25 and persons operating a redemption center for purposes 5 26 increasing the effectiveness, efficiency, and convenience of 5 27 redemption. 5 28 3. One-sixth to provide grants for purposes of awareness, 5 29 informational, or educational programs designed to address 5 30 litter and illegal dumping issues. 5 31 4. One-sixth to provide grants for purposes of awareness, 5 32 informational, or educational programs designed to address 5 33 waste reduction, waste reuse, and recycling issues. 5 34 5. One-sixth to provide no interest loans for purposes of 5 35 developing end uses and markets for recyclables in the state. 6 1 The bill provides that a distributor may request 6 2 reimbursement from the department of natural resources if, 6 3 during the previous three months, the distributor paid a 6 4 greater amount of refund value than was received by the 6 5 distributor. The bill provides that reimbursement shall not 6 6 exceed the difference between the amount of refund value paid 6 7 by the distributor and the amount of refund value received by 6 8 the distributor. 6 9 The bill provides that a dealer that manufactures its own 6 10 beverage for exclusive sale by the dealer has the obligation 6 11 of a distributor for purposes of paying refund values. 6 12 The bill strikes the ability of a dealer or distributor to 6 13 refuse to accept and pay the refund value of an empty wine or 6 14 alcoholic liquor container which is marked to indicate that it 6 15 was sold by a state liquor store. 6 16 The bill provides that a dealer, distributor, manufacturer, 6 17 or redemption center operator violating the provision 6 18 prohibiting the final disposal beverage containers in a 6 19 landfill is guilty of a simple misdemeanor. 6 20 The bill provides that a beverage container sold or offered 6 21 for sale in this state shall have a minimum postconsumer 6 22 recycled content of 25 percent by weight. 6 23 LSB 5977HH 78 6 24 tm/cf/24.1
Text: HF02317 Text: HF02319 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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