Text: HF00684                           Text: HF00686
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 685

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 455C.1, subsections 1, 2, 6, and 10,
  1  2 Code 2001, are amended to read as follows:
  1  3    1.  "Beverage" means includes, but is not limited to, wine
  1  4 as defined in section 123.3, subsection 37, alcoholic liquor
  1  5 as defined in section 123.3, subsection 5, beer as defined in
  1  6 section 123.3, subsection 7, mineral water, soda water and
  1  7 similar carbonated soft drinks and any nonalcoholic carbonated
  1  8 and noncarbonated drinks excluding grade 'A' milk and milk
  1  9 products as specified in the grade 'A' pasteurized milk
  1 10 ordinance, as provided in section 192.102, in liquid form and
  1 11 intended for human consumption.  "Beverage" shall not include
  1 12 any of the following:
  1 13    a.  A liquid which is any of the following:
  1 14    (1)  A syrup.
  1 15    (2)  In a concentrated form.
  1 16    (3)  Typically added as a minor flavoring ingredient in
  1 17 food or drink, such as extracts, cooking additives, sauces, or
  1 18 condiments.
  1 19    b.  A liquid which is ingested in very small quantities and
  1 20 which is consumed for medicinal purposes only.
  1 21    c.  A liquid which is designed and consumed only as a
  1 22 nutritional supplement, as defined by the department, and not
  1 23 as a beverage.
  1 24    d.  Products frozen at the time of sale to the consumer,
  1 25 or, in the case of institutional users such as hospitals and
  1 26 nursing homes, at the time of sale to such users.
  1 27    e.  Products designed to be consumed in a frozen state.
  1 28    f.  Instant drink powders.
  1 29    g.  Seafood, meat, or vegetable broths or soups but not
  1 30 juices.
  1 31    h.  Farm-produced apple cider, which has not been heated,
  1 32 pasteurized, or otherwise processed.
  1 33    i.  Infant formula.
  1 34    2.  "Beverage container" means any sealed glass, plastic,
  1 35 or metal bottle, can, jar, or carton or other container made
  2  1 of glass, metal, or plastic containing a beverage which has
  2  2 been sealed by a manufacturer.  For purposes of this chapter,
  2  3 beverage containers for noncarbonated drinks, excluding
  2  4 alcoholic liquor, wine, and fruit juices and drinks, shall
  2  5 have a maximum capacity of not more than two liters and not
  2  6 less than one hundred forty-seven milliliters.  For purposes
  2  7 of this chapter, beverage containers made of high density
  2  8 polyethylene for fruit juices and drinks shall have a maximum
  2  9 capacity of less than one-half gallon.
  2 10    6.  "Dealer agent" means a person who solicits or picks up
  2 11 empty beverage containers from a dealer for the purpose of
  2 12 returning the empty beverage containers to a distributor or
  2 13 manufacturer.
  2 14    10.  "Geographic territory" means the geographical area
  2 15 within a perimeter formed by the outermost boundaries served
  2 16 by a distributor.
  2 17    Sec. 2.  Section 455C.1, Code 2001, is amended by adding
  2 18 the following new subsection:
  2 19    NEW SUBSECTION.  14.  "Steward" means an organization which
  2 20 has tax-exempt status under section 501(c)(3) of the Internal
  2 21 Revenue Code chosen by distributors to administer the
  2 22 container redemption fund created in section 455C.3B, as well
  2 23 as perform other duties identified in an agreement between the
  2 24 steward and distributors.
  2 25    Sec. 3.  NEW SECTION.  455C.2A  REFUND VALUE.
  2 26    1.  A refund value of not less than five cents shall be
  2 27 paid by the consumer on each beverage container sold in this
  2 28 state by a dealer for consumption off the premises.  Upon
  2 29 return of the empty beverage container, upon which a refund
  2 30 value has been paid, to a person operating a redemption center
  2 31 and acceptance of the empty beverage container by the person
  2 32 operating the redemption center, the person operating the
  2 33 redemption center shall return the amount of the refund value
  2 34 to the consumer.
  2 35    2.  A consumer may dispose of a beverage container by
  3  1 allowing the container to be collected by an entity providing
  3  2 a local curbside collection service.  An entity collecting a
  3  3 beverage container pursuant to this subsection shall only
  3  4 accept a container which has been reduced or altered in size
  3  5 or shape as defined by the department.
  3  6    Sec. 4.  NEW SECTION.  455C.3A  REIMBURSEMENT AMOUNT.
  3  7    In addition to the refund value provided in section
  3  8 455C.2A, a person operating a redemption center who redeems
  3  9 empty beverage containers shall be reimbursed from moneys in
  3 10 the container redemption fund an amount which is one cent per
  3 11 container.
  3 12    Sec. 5.  NEW SECTION.  455C.3B  CONTAINER REDEMPTION FUND.
  3 13    1.  A container redemption fund shall be established by a
  3 14 steward selected by all distributors who sell a beverage
  3 15 container to a dealer in this state.  The fund shall consist
  3 16 of any moneys received from distributors.  Moneys in the fund
  3 17 shall be considered to be held by the steward on behalf of the
  3 18 consumers purchasing a beverage container from a dealer.  Any
  3 19 interest earned on moneys in the fund shall be retained in the
  3 20 fund.  The fund shall be used for purposes of disbursing
  3 21 moneys to redemption centers and for purposes described in
  3 22 section 455C.3C.
  3 23    2.  Within the container redemption fund, the steward shall
  3 24 create an Iowa beautiful land account which shall be used at
  3 25 the steward's discretion for purposes of supporting programs
  3 26 related to recycling, solid waste management, and litter
  3 27 control.
  3 28    3.  Within the container redemption fund, the steward shall
  3 29 create a bottle bill scholarship account.  The steward shall
  3 30 establish a scholarship program which shall provide to
  3 31 students of an eligible institution as defined in section
  3 32 261.35 scholarships for matriculation at such an eligible
  3 33 institution.  In order to qualify for a scholarship, the
  3 34 student, at a minimum, shall pursue a curriculum which
  3 35 includes the topic of natural resources conservation or solid
  4  1 waste management.
  4  2    Sec. 6.  NEW SECTION.  455C.3C  ADMINISTRATION OF FUND.
  4  3    On or after the first day of each calendar quarter, the
  4  4 steward shall determine the final balance of the fund for the
  4  5 end of the previous calendar quarter.  One-half of the balance
  4  6 shall be deemed to constitute abandoned refund value and shall
  4  7 be allocated by the steward, in the following manner:
  4  8    1.  For the fiscal year beginning July 1, 2002, the steward
  4  9 shall do all of the following:
  4 10    a.  Allocate up to ten percent of the abandoned refund
  4 11 value for purposes of administering the fund.
  4 12    b.  Allocate up to thirty percent of the abandoned refund
  4 13 value for purposes of providing financial assistance to
  4 14 redemption centers for start-up costs.
  4 15    c.  Allocate thirty percent of the abandoned refund value
  4 16 for purposes of providing financial assistance to solid waste
  4 17 planning areas for recycling purposes.
  4 18    d.  Allocate the remaining abandoned refund value for
  4 19 deposit in the Iowa beautiful land account.
  4 20    2.  For the fiscal year beginning July 1, 2003, the steward
  4 21 shall do all of the following:
  4 22    a.  Allocate up to seven percent of the abandoned refund
  4 23 value for purposes of administering the fund.
  4 24    b.  Allocate twenty percent of the abandoned refund value
  4 25 for purposes of providing financial assistance to redemption
  4 26 centers for start-up costs.
  4 27    c.  Allocate thirty percent of the abandoned refund value
  4 28 for purposes of providing financial assistance to solid waste
  4 29 planning areas for recycling purposes.
  4 30    d.  Allocate eight percent of the abandoned refund value
  4 31 for purposes of remitting the moneys to the department of
  4 32 natural resources to be used by the department for the restore
  4 33 the outdoors program established in section 461A.3A.
  4 34    e.  Allocate five percent of the abandoned refund value for
  4 35 deposit in the bottle bill scholarship account.
  5  1    f.  Allocate the remaining abandoned refund value for
  5  2 deposit in the Iowa beautiful land account.
  5  3    3.  For the fiscal year beginning July 1, 2004, and every
  5  4 fiscal year thereafter, the steward shall do all of the
  5  5 following:
  5  6    a.  Allocate up to five percent of the abandoned refund
  5  7 value for purposes of administering the fund.
  5  8    b.  Allocate ten percent of the abandoned refund value for
  5  9 purposes of expanding recycling efforts at redemption centers.
  5 10    c.  Allocate thirty percent of the abandoned refund value
  5 11 for purposes of providing financial assistance to solid waste
  5 12 planning areas for recycling purposes.
  5 13    d.  Allocate twenty percent of the abandoned refund value
  5 14 for purposes of remitting the moneys to the department of
  5 15 natural resources to be used by the department for the restore
  5 16 the outdoors program established in section 461A.3A.
  5 17    e.  Allocate five percent of the abandoned refund value for
  5 18 deposit in the bottle bill scholarship account.
  5 19    f.  Allocate the remaining abandoned refund value for
  5 20 deposit in the Iowa beautiful land account.
  5 21    Sec. 7.  Section 455C.4, Code 2001, is amended to read as
  5 22 follows:
  5 23    455C.4  REFUSAL TO ACCEPT CONTAINERS.
  5 24    1.  Except as provided in section 455C.5, subsection 3, a
  5 25 dealer, a A person operating a redemption center, a
  5 26 distributor or a manufacturer may refuse to accept any empty
  5 27 beverage container which does not have stated on it a refund
  5 28 value as provided under section 455C.2 455C.2A.  A person
  5 29 operating a redemption center shall refuse to accept an empty
  5 30 beverage container which has been reduced or altered in size
  5 31 or shape as defined by the department.
  5 32    2.  A dealer may refuse to accept and to pay the refund
  5 33 value of any empty beverage container if the place of business
  5 34 of the dealer and the kind and brand of empty beverage
  5 35 containers are included in an order of the department
  6  1 approving a redemption center under section 455C.6.  A
  6  2 redemption center may deduct five cents from the total
  6  3 reimbursement to be received by a consumer for any empty
  6  4 beverage container that is presented to the redemption center
  6  5 which does not meet the requirements of section 455C.5.
  6  6    3.  A dealer or a distributor may refuse to accept and to
  6  7 pay the refund value of an empty wine or alcoholic liquor
  6  8 container which is marked to indicate that it was sold by a
  6  9 state liquor store.  The alcoholic beverages division shall
  6 10 not reimburse a dealer or a distributor the refund value on an
  6 11 empty wine or alcoholic liquor container which is marked to
  6 12 indicate that the container was sold by a state liquor store.
  6 13    4.  A class "E" liquor control licensee may refuse to
  6 14 accept and to pay the refund value on an empty alcoholic
  6 15 liquor container from a dealer or a redemption center or from
  6 16 a person acting on behalf of or who has received empty
  6 17 alcoholic liquor containers from a dealer or a redemption
  6 18 center.
  6 19    5.  A manufacturer or distributor may refuse to accept and
  6 20 to pay the refund value and reimbursement as provided in
  6 21 section 455C.2 on any empty beverage container that was picked
  6 22 up by a dealer agent from a dealer outside the geographic
  6 23 territory served by the manufacturer or distributor.
  6 24    Sec. 8.  Section 455C.5, subsection 1, Code 2001, is
  6 25 amended to read as follows:
  6 26    1.  Each beverage container sold or offered for sale in
  6 27 this state by a dealer shall clearly and conspicuously
  6 28 indicate by embossing or by a stamp, label or other method
  6 29 securely affixed to the container, the refund value of the
  6 30 container.  The department shall specify, by rule, the minimum
  6 31 size of the refund value indication on the beverage
  6 32 containers.
  6 33    Sec. 9.  Section 455C.5, Code 2001, is amended by adding
  6 34 the following new subsections:
  6 35    NEW SUBSECTION.  4.  A distributor shall not sell or offer
  7  1 for sale to a dealer in this state a beverage container if the
  7  2 distributor sells the same beverage container meeting the
  7  3 labeling requirements of this section in a state that does not
  7  4 have a beverage container redemption system, unless the
  7  5 distributor deposits in the container redemption fund an
  7  6 amount equal to the refund value per container meeting the
  7  7 labeling requirements of this section to a dealer in a state
  7  8 that does not have a beverage container redemption system.
  7  9    NEW SUBSECTION.  5.  Subsection 4 shall not apply if a
  7 10 distributor demonstrates to the steward an average ratio of
  7 11 beverage containers meeting the labeling requirements of this
  7 12 section and sold to dealers in a state that does not have a
  7 13 beverage container redemption system which are eventually
  7 14 redeemed in this state.  Upon approval by the steward of the
  7 15 ratio, the steward and distributor shall agree on the proper
  7 16 amount the distributor must pay into the container redemption
  7 17 fund per container sold to a dealer in a state that does not
  7 18 have a beverage container redemption system.
  7 19    Sec. 10.  Section 455C.6, Code 2001, is amended to read as
  7 20 follows:
  7 21    455C.6  REDEMPTION CENTERS.
  7 22    1.  To facilitate the return of empty beverage containers
  7 23 and to serve dealers of beverages, any person may establish a
  7 24 redemption center, subject to the approval of the department
  7 25 steward, at which consumers may return empty beverage
  7 26 containers and receive payment of the refund value of such
  7 27 beverage containers.  A dealer shall not own or operate a
  7 28 redemption center, unless the redemption center is located
  7 29 outside and separate from the business premises of the dealer.
  7 30    2.  An application for approval of a redemption center
  7 31 shall be filed with the department steward.  The application
  7 32 shall state the name and address of the person responsible for
  7 33 the establishment and operation of the redemption center, the
  7 34 kind and brand names of the beverage containers which will be
  7 35 accepted at the redemption center, and the names and addresses
  8  1 of the dealers to be served by the redemption center.  The
  8  2 application shall contain such other information as the
  8  3 director steward may reasonably require.
  8  4    3.  The department steward shall approve a redemption
  8  5 center if it finds that the redemption center will provide a
  8  6 convenient service to consumers for the return of empty
  8  7 beverage containers.  The order of the department approving a
  8  8 redemption center shall state the dealers to be served by the
  8  9 redemption center and the kind and brand names of empty
  8 10 beverage containers which the redemption center must accept.
  8 11 The order approving a redemption center may contain such other
  8 12 provisions to insure ensure that the redemption center will
  8 13 provide a convenient service to the public as the director
  8 14 steward may determine.
  8 15    4.  The department steward may review the approval of any
  8 16 redemption center at any time.  After written notice to the
  8 17 person responsible for the establishment and operation of the
  8 18 redemption center, and to the dealers served by the redemption
  8 19 center, the commission steward may, after hearing, withdraw
  8 20 approval of a redemption center if the commission steward
  8 21 finds there has not been compliance with the department's
  8 22 steward's order approving the redemption center, or if the
  8 23 redemption center no longer provides a convenient service to
  8 24 the public.
  8 25    5.  All approved redemption centers shall meet applicable
  8 26 health standards.
  8 27    Sec. 11.  Section 455C.12, subsections 1, 2, and 3, Code
  8 28 2001, are amended to read as follows:
  8 29    1.  Any person violating the provisions of section 455C.2,
  8 30 455C.3, 455C.5, and 455C.8, or a rule adopted under this
  8 31 chapter shall be guilty of a simple misdemeanor.
  8 32    2.  A distributor An owner or operator of a redemption
  8 33 center who collects or attempts to collect a refund value on
  8 34 an empty beverage container when the distributor redemption
  8 35 center has paid the refund value on the container to a dealer,
  9  1 redemption center, or consumer is guilty of a fraudulent
  9  2 practice.
  9  3    3.  Any person who does any of the following acts is guilty
  9  4 of a fraudulent practice:
  9  5    a.  Collects or attempts to collect the refund value on the
  9  6 container a second time, with the knowledge that the refund
  9  7 value has once been paid by the distributor redemption center
  9  8 to a dealer, redemption center or consumer.
  9  9    b.  Manufactures, sells, possesses, or applies a false or
  9 10 counterfeit label or indication which shows or purports to
  9 11 show a refund value for a beverage container, with intent to
  9 12 use the false or counterfeit label or indication.
  9 13    c.  Collects or attempts to collect a refund value on a
  9 14 container with the use of a false or counterfeit label or
  9 15 indication showing a refund value, knowing the label or
  9 16 indication to be false or counterfeit.
  9 17    Sec. 12.  NEW SECTION.  455C.17  PILOT PROJECT.
  9 18    The steward shall establish a pilot project which would
  9 19 allow a solid waste planning area to function as a redemption
  9 20 center in terms of accepting empty beverage containers from
  9 21 consumers and paying the refund value to consumers.  A
  9 22 participant in the pilot project shall receive from the
  9 23 container redemption fund five cents per container accepted
  9 24 from a consumer.  Any container accepted by a pilot project
  9 25 participant may be sold by the participant to a recycler and
  9 26 moneys received by the participant shall be retained by the
  9 27 participant.
  9 28    Sec. 13.  NEW SECTION.  455C.18  REPORT.
  9 29    1.  By January 15 of each year, the steward shall submit to
  9 30 the department a financial report regarding the container
  9 31 redemption fund.
  9 32    2.  Every five years beginning in the calendar year 2007,
  9 33 by January 15, the department, in cooperation with the
  9 34 steward, shall submit a written report to the general assembly
  9 35 which reviews and provides recommendations regarding the
 10  1 administration of this chapter including, but not limited to,
 10  2 the allocation of abandoned refund value in the container
 10  3 redemption fund and the types of beverage containers covered
 10  4 under this chapter.
 10  5    Sec. 14.  NEW SECTION.  455C.19  RECYCLED CONTENT IN
 10  6 BEVERAGE CONTAINERS.
 10  7    A beverage container made of glass or metal sold or offered
 10  8 for sale in this state shall have a minimum postconsumer
 10  9 recycled content of twenty-five percent by weight.
 10 10    Sec. 15.  Section 455C.3A, as enacted in section 4 of this
 10 11 Act, is amended to read as follows:
 10 12    455C.3A  REIMBURSEMENT AMOUNT.
 10 13    1.  In addition to the refund value provided in section
 10 14 455C.2A, a person operating a redemption center who redeems
 10 15 empty beverage containers shall be reimbursed from moneys in
 10 16 the container redemption fund an amount which is one cent and
 10 17 one-half cents per container.
 10 18    2.  By the seventh day of each month, a distributor that is
 10 19 not a part of the agreement submitted to the department
 10 20 pursuant to section 20 of this Act shall remit to the steward
 10 21 for deposit in the container redemption fund an amount equal
 10 22 to three cents for each beverage container sold to a dealer
 10 23 during the previous month.
 10 24    Sec. 16.  Section 455C.3A, as enacted in section 4 of this
 10 25 Act, is amended to read as follows:
 10 26    455C.3A  REIMBURSEMENT AMOUNT.
 10 27    1.  In addition to the refund value provided in section
 10 28 455C.2A, a person operating a redemption center who redeems
 10 29 empty beverage containers shall be reimbursed from moneys in
 10 30 the container redemption fund an amount which is one cent
 10 31 three cents per container.
 10 32    2.  By the seventh day of each month, a distributor that is
 10 33 not a part of the agreement submitted to the department
 10 34 pursuant to section 20 of this Act shall remit to the steward
 10 35 for deposit in the container redemption fund an amount equal
 11  1 to three cents for each beverage container sold to a dealer
 11  2 during the previous month.
 11  3    Sec. 17.  Section 455C.2, Code 2001, is repealed.
 11  4    Sec. 18.  Section 455C.3, Code 2001, is repealed.
 11  5    Sec. 19.  Section 455C.7, Code 2001, is repealed.
 11  6    Sec. 20.  DISTRIBUTOR PLAN – CONTINGENT EFFECTIVE DATE.
 11  7    1.  By January 1, 2002, all distributors shall develop an
 11  8 agreement and submit the agreement to the department of
 11  9 natural resources.  The agreement shall include provisions
 11 10 relating to, but not be limited to, all of the following:
 11 11    a.  The designation of a steward for the container
 11 12 redemption fund.
 11 13    b.  The amount to be deposited in the container redemption
 11 14 fund by distributors on a per beverage container basis.
 11 15    c.  The manner in which distributors shall transfer moneys
 11 16 in paragraph "b".
 11 17    d.  A plan for distributors to transfer to the steward for
 11 18 deposit in the container redemption fund on July 1, 2002, any
 11 19 moneys being held by distributors as unredeemed refund value.
 11 20    2.  An agreement shall not be deemed complete or properly
 11 21 submitted to the department until the department approves the
 11 22 steward designated by the distributors.
 11 23    3.  If the department has not received an agreement from
 11 24 distributors and has not approved the steward designated by
 11 25 the distributors by January 1, 2002, section 16 of this Act
 11 26 shall take effect January 1, 2002, section 22, subsections 1
 11 27 and 2, of this Act are repealed on January 1, 2002, and
 11 28 section 15 of this Act is repealed on January 1, 2002.
 11 29    4.  If the department has received an agreement from
 11 30 distributors and has approved the steward designated by the
 11 31 distributors by January 1, 2002, section 15 of this Act shall
 11 32 take effect January 1, 2002, and section 22, subsection 1, of
 11 33 this Act is repealed January 1, 2002.
 11 34    Sec. 21.  FUND CREATION – INITIAL DEPOSITS – EFFECTIVE
 11 35 DATE – CONTINGENT REPEAL.
 12  1    1.  By July 1, 2002, the steward shall establish the
 12  2 container redemption fund and receive initial deposits from
 12  3 distributors.  Upon completion of the requirements of this
 12  4 subsection, the steward shall submit notice to the department
 12  5 of natural resources confirming compliance with the
 12  6 requirements of this subsection.
 12  7    2.  If the department has not received notice of compliance
 12  8 from the steward by July 1, 2002, section 16 of this Act shall
 12  9 take effect on July 1, 2002, and section 22, subsection 2, of
 12 10 this Act is repealed on July 1, 2002.
 12 11    3.  Sections 5 and 6 of this Act shall take effect July 1,
 12 12 2002.
 12 13    Sec. 22.  EFFECTIVE DATES.
 12 14    1.  Section 15 of this Act shall take effect January 1,
 12 15 2003.
 12 16    2.  Section 16 of this Act shall take effect January 1,
 12 17 2003.
 12 18    3.  Sections 3, 4, 7, 8, 9, 10, 11, 12, 13, 17, 18, and 19
 12 19 of this Act shall take effect January 1, 2003.
 12 20    4.  Sections 1 and 14 of this Act shall take effect July 1,
 12 21 2003.  
 12 22                           EXPLANATION
 12 23    This bill amends Code chapter 455C, which contains the
 12 24 beverage container control law.  The bill replaces the current
 12 25 system for redeeming and recycling beverage containers with a
 12 26 new system.
 12 27    Effective July 1, 2003, the bill expands the list of
 12 28 beverages whose containers are regulated under Code chapter
 12 29 455C and amends the definition of "beverage container".  The
 12 30 newly regulated beverages include any nonalcoholic carbonated
 12 31 and noncarbonated drinks excluding grade 'A' milk and milk
 12 32 products as specified in the grade 'A' pasteurized milk
 12 33 ordinance.  The bill provides a list of exceptions to the
 12 34 newly regulated beverages.  The bill provides that "beverage
 12 35 container" means a bottle, can, jar, or other container made
 13  1 of glass, metal, or plastic containing a beverage.  The bill
 13  2 limits the definition by size for certain noncarbonated drinks
 13  3 and beverage containers for fruit juices and drinks.
 13  4    Effective July 1, 2003, the bill provides that a beverage
 13  5 container made of glass or metal sold or offered for sale in
 13  6 this state shall have a minimum postconsumer recycled content
 13  7 of 25 percent by weight.
 13  8    Effective January 1, 2003, the bill provides that a refund
 13  9 value of not less than five cents shall be paid by the
 13 10 consumer on each beverage container sold in this state by a
 13 11 dealer for consumption off the premises.  The bill provides
 13 12 that, upon return of the empty beverage container, upon which
 13 13 a refund value has been paid, to a person operating a
 13 14 redemption center and acceptance of the empty beverage
 13 15 container by the person operating the redemption center, the
 13 16 person operating the redemption center shall return the amount
 13 17 of the refund value to the consumer.
 13 18    Effective January 1, 2003, the bill provides that in
 13 19 addition to the refund value, a person operating a redemption
 13 20 center who redeems empty beverage containers shall be
 13 21 reimbursed from moneys in the container redemption fund an
 13 22 amount which is one cent per container.
 13 23    Effective July 1, 2002, the bill provides that a container
 13 24 redemption fund shall be established and administered by a
 13 25 steward selected by all distributors and approved by the
 13 26 department of natural resources.  The bill provides that the
 13 27 fund shall consist of any moneys received from distributors.
 13 28 The bill also creates an Iowa beautiful land account and a
 13 29 scholarship account within the fund.
 13 30    Effective July 1, 2002, the bill provides that, on or after
 13 31 the first day of each calendar quarter, the steward shall
 13 32 determine the final balance of the fund for the end of the
 13 33 previous calendar quarter.  The bill provides that one-half of
 13 34 the balance shall be deemed to constitute abandoned refund
 13 35 value and provides for the allocation of the abandoned refund
 14  1 value.
 14  2    Effective January 1, 2003, the bill provides that a person
 14  3 operating a redemption center shall refuse to accept an empty
 14  4 beverage container which has been reduced or altered in size
 14  5 or shape as defined by the department.  The bill provides that
 14  6 a redemption center may deduct five cents from the total
 14  7 reimbursement to be received by a consumer for any empty
 14  8 beverage container that is presented to the redemption center
 14  9 which does not meet the labeling requirements.
 14 10    Effective January 1, 2003, the bill provides a beverage
 14 11 container sold or offered for sale in this state by a dealer
 14 12 shall clearly and conspicuously indicate the refund value.
 14 13 The bill provides that a distributor shall not sell or offer
 14 14 for sale to a dealer in this state a beverage container if the
 14 15 distributor sells the same beverage container meeting the
 14 16 labeling requirements of this section in a state that does not
 14 17 have a beverage container redemption system, unless the
 14 18 distributor deposits in the container redemption fund an
 14 19 amount equal to the refund value per container meeting the
 14 20 labeling requirements to a dealer in a state that does not
 14 21 have a beverage container redemption system, unless a
 14 22 distributor demonstrates to the steward an average ratio of
 14 23 beverage containers meeting the labeling requirements and sold
 14 24 to dealers in a state that does not have a beverage container
 14 25 redemption system which are eventually redeemed in this state.
 14 26    Effective January 1, 2003, the bill provides that a dealer
 14 27 shall not own or operate a redemption center, unless the
 14 28 redemption center is located outside and separate from the
 14 29 business premises of the dealer.
 14 30    Effective January 1, 2003, the bill provides that the
 14 31 steward shall establish a pilot project which would allow a
 14 32 solid waste planning area to function as a redemption center
 14 33 in terms of accepting empty beverage containers from consumers
 14 34 and paying the refund value to consumers.  The bill provides
 14 35 that a participant in a pilot project shall receive five cents
 15  1 per container from the container redemption fund and any
 15  2 container accepted by the participant may be sold by the
 15  3 participant to a recycler with the participant retaining the
 15  4 proceeds of the sale.
 15  5    Effective January 1, 2003, the bill provides that, by
 15  6 January 15 of each year, the steward shall submit to the
 15  7 department a financial report regarding the container
 15  8 redemption fund.  The bill provides that, every five years
 15  9 beginning in the calendar year 2007, by January 15, the
 15 10 department, in cooperation with the steward, shall submit a
 15 11 written report to the general assembly which reviews and
 15 12 provides recommendations regarding the administration of the
 15 13 beverage container control law.
 15 14    The bill provides that, by January 1, 2002, all
 15 15 distributors shall develop an agreement and submit the
 15 16 agreement to the department.  The bill provides that the
 15 17 agreement shall include the designation of a steward for the
 15 18 container redemption fund, the amount to be deposited in the
 15 19 container redemption fund by distributors on a per beverage
 15 20 container basis, the manner in which distributors shall
 15 21 transfer moneys to the fund, and a plan for distributors to
 15 22 transfer to the steward for deposit in the container
 15 23 redemption fund any moneys being held by distributors as
 15 24 unredeemed refund value.  The bill provides that an agreement
 15 25 shall not be deemed complete or properly submitted to the
 15 26 department until the department approves the steward
 15 27 designated by the distributors.  The bill provides that if the
 15 28 department has received an agreement from distributors by
 15 29 January 1, 2002, the reimbursement amount shall increase to
 15 30 one and one-half cents per container, otherwise the
 15 31 reimbursement amount increases to three cents.  The bill
 15 32 provides that, for any distributor not part of the distributor
 15 33 agreement, the distributor shall remit to the steward for
 15 34 deposit in the container redemption fund an amount equal to
 15 35 three cents for each beverage container sold to a dealer
 16  1 during the previous month.
 16  2    The bill provides that, by July 1, 2002, the steward shall
 16  3 establish the container redemption fund and receive initial
 16  4 deposits from distributors and shall submit notice to the
 16  5 department confirming compliance with these requirements.  The
 16  6 bill provides that if notice is not received by July 1, 2002,
 16  7 the reimbursement amount shall increase to three cents per
 16  8 container.
 16  9    The bill also makes conforming amendments.  
 16 10 LSB 2349HV 79
 16 11 tm/gg/8
     

Text: HF00684                           Text: HF00686
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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