Text: SF00193 Text: SF00195 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.24, subsection 5, Code 2001, is 1 2 amended by striking the subsection. 1 3 Sec. 2. Section 455C.1, Code 2001, is amended by adding 1 4 the following new subsections: 1 5 NEW SUBSECTION. 10A. "Handling reimbursement equivalent 1 6 amount" means an amount of money per pound of empty beverage 1 7 containers which is equivalent to one cent per empty beverage 1 8 container. 1 9 NEW SUBSECTION. 12A. "Recycler" means a person approved 1 10 by the department who receives empty beverage containers from 1 11 a redemption center or a local curbside collection service. 1 12 NEW SUBSECTION. 14. "Refund equivalent amount" means an 1 13 amount of money per pound of empty beverage containers that is 1 14 equivalent to five cents per empty beverage container. 1 15 Sec. 3. Section 455C.1, subsection 6, Code 2001, is 1 16 amended by striking the subsection. 1 17 Sec. 4. Section 455C.2, Code 2001, is amended by striking 1 18 the section and inserting in lieu thereof the following: 1 19 455C.2 DUTIES. 1 20 The department shall do all of the following: 1 21 1. Administer the container redemption fund. 1 22 2. Determine and publish the refund equivalent amount and 1 23 handling reimbursement equivalent amount. 1 24 3. Conduct an approval process for redemption centers and 1 25 recyclers. 1 26 Sec. 5. Section 455C.3, Code 2001, is amended by striking 1 27 the section and inserting in lieu thereof the following: 1 28 455C.3 CONTAINER REDEMPTION FUND. 1 29 1. a. A container redemption fund is established in the 1 30 state treasury under the control of the department consisting 1 31 of any moneys received by the department from distributors and 1 32 from recyclers. Moneys in the fund shall be used for purposes 1 33 of disbursing moneys to redemption centers as provided in this 1 34 section. The fund shall also consist of any moneys 1 35 appropriated by the general assembly for deposit in the fund. 2 1 Notwithstanding section 8.33, all moneys in the container 2 2 redemption fund, which remain unexpended or unobligated at the 2 3 close of the fiscal year, shall not revert but shall remain 2 4 available for expenditure for subsequent fiscal years. 2 5 b. As of July 1 of each fiscal year, the department shall 2 6 determine the final balance of the fund for the end of the 2 7 previous fiscal year. One half of the balance shall be deemed 2 8 to constitute abandoned refund value and is appropriated and 2 9 shall be allocated by the department in the following manner: 2 10 (1) Not more than five percent of the abandoned refund 2 11 value shall be used by the department for administrative costs 2 12 associated with administering this chapter. 2 13 (2) Fifteen percent of the abandoned refund value shall be 2 14 deposited in the Robert D. Ray beautiful land fund created in 2 15 section 455C.3A. 2 16 (3) Ten percent of the abandoned refund value shall be 2 17 allocated equally to the solid waste planning areas for 2 18 recycling purposes. 2 19 (4) Ten percent of the abandoned refund value shall be 2 20 allocated equally to solid waste planning areas that have not 2 21 met the fifty percent waste volume reduction goal established 2 22 in section 455D.3 for supporting waste reduction measures. 2 23 (5) Fifteen percent of the abandoned refund value shall be 2 24 allocated equally to county conservation boards for 2 25 maintenance of county parks. 2 26 (6) Twenty percent of the abandoned refund value shall be 2 27 allocated to the department of agriculture and land 2 28 stewardship for the soil conservation cost share as provided 2 29 in section 161A.73, subsection 1, paragraph "a". 2 30 (7) Twenty percent of the abandoned refund value shall be 2 31 allocated to the department of natural resources for the 2 32 restore the outdoors program established in section 461A.3A. 2 33 (8) Five percent of the abandoned refund value shall be 2 34 deposited to the bottle bill scholarship fund created in 2 35 section 455C.3B. 3 1 2. Not more than one week after a distributor sells a 3 2 beverage container to a dealer, the distributor shall pay the 3 3 department five cents for each beverage container sold to a 3 4 dealer. The department shall immediately deposit moneys 3 5 received from a distributor in the container redemption fund. 3 6 3. a. At least monthly, a redemption center shall submit 3 7 a report to the department detailing the number of pounds of 3 8 empty beverage containers transferred to recyclers since the 3 9 previous reporting period. The department shall designate a 3 10 form for reporting information to the department. 3 11 b. For every pound of empty beverage containers a 3 12 redemption center transfers to a recycler, the department 3 13 shall pay the redemption center an amount equivalent to the 3 14 sum of the refund equivalent amount and the handling 3 15 reimbursement equivalent amount. All payments made pursuant 3 16 to this paragraph shall be paid out of moneys in the container 3 17 redemption fund. 3 18 Sec. 6. NEW SECTION. 455C.3A ROBERT D. RAY BEAUTIFUL 3 19 LAND FUND. 3 20 1. The Robert D. Ray beautiful land fund is created in the 3 21 office of the treasurer of state under the control of the 3 22 department. The fund shall consist of moneys deposited in the 3 23 fund pursuant to section 455C.3. Moneys in the fund shall be 3 24 used to support environmental programs of the department. 3 25 2. Moneys in the fund are appropriated annually as 3 26 follows: 3 27 a. Five percent of the moneys in the fund to the state 3 28 department of transportation to be used for purposes of the 3 29 adopt-a-highway program administered by the department. 3 30 b. Five percent of the moneys in the fund to the state 3 31 board of regents for the Iowa waste reduction center for the 3 32 safe and economic management of solid waste and hazardous 3 33 substances established in section 268.4 for purposes of the 3 34 Iowa waste exchange. 3 35 c. Thirty percent of the moneys in the fund to the 4 1 department of natural resources for purposes of providing 4 2 financial assistance to cities, counties, or private 4 3 organizations for purposes of assisting adopt-a-place programs 4 4 designed to address litter collection and prevention. 4 5 d. Fifteen percent of the moneys in the fund to the 4 6 department of natural resources for purposes of providing 4 7 grants to dealers and persons operating a redemption center 4 8 for purposes of increasing the effectiveness, efficiency, and 4 9 convenience of redemption. 4 10 e. Fifteen percent of the moneys in the fund to the 4 11 department of natural resources for purposes of providing 4 12 grants to cities, counties, or private organizations for 4 13 purposes of awareness, informational, or educational programs 4 14 designed to address litter and illegal dumping issues. 4 15 f. Fifteen percent of the moneys in the fund to the 4 16 department of natural resources for purposes of providing 4 17 grants to cities, counties, or private organizations for 4 18 purposes of awareness, informational, or educational programs 4 19 designed to address waste reduction, waste reuse, and 4 20 recycling issues. 4 21 g. Fifteen percent of the moneys in the fund to the 4 22 department of natural resources for purposes of providing no- 4 23 interest loans to cities, counties, or public or private 4 24 organizations for purposes of developing end uses and markets 4 25 for recyclables in the state. 4 26 Sec. 7. NEW SECTION. 455C.3B BOTTLE BILL SCHOLARSHIP 4 27 FUND. 4 28 The bottle bill scholarship fund is established in the 4 29 office of treasurer of state to be administered by the 4 30 department. The department shall adopt rules pursuant to 4 31 chapter 17A for the administration of this section. The rules 4 32 shall provide, at a minimum, that students of an eligible 4 33 institution as defined in section 261.35 pursuing a curriculum 4 34 which includes the topic of natural resources conservation or 4 35 solid waste management shall be eligible to receive a bottle 5 1 bill scholarship for matriculation at the eligible 5 2 institution. Notwithstanding section 12C.7, interest earned 5 3 on money in the scholarship fund shall be deposited into the 5 4 fund and may be used by the commission only for bottle bill 5 5 scholarship awards. 5 6 Sec. 8. Section 455C.4, Code 2001, is amended by striking 5 7 the section and inserting in lieu thereof the following: 5 8 455C.4 REDEMPTION. 5 9 1. A refund value of not less than five cents shall be 5 10 paid by the consumer on each beverage container sold in this 5 11 state by a dealer for consumption off the premises. 5 12 2. A consumer may redeem an empty beverage container 5 13 through a redemption center. A redemption center shall 5 14 reimburse a consumer for all empty beverage containers 5 15 accepted by the redemption center according to the refund 5 16 equivalent amount formula published by the department. 5 17 3. A redemption center may deduct five cents from the 5 18 total reimbursement to be received by a consumer for any empty 5 19 beverage container that is presented to the redemption center 5 20 which does not meet the requirements of section 455C.5. 5 21 4. A redemption center shall accept any kind of empty 5 22 beverage container covered by this chapter that meets the 5 23 requirements of section 455C.5. A redemption center shall 5 24 refuse to accept a beverage container which has been reduced 5 25 or altered in size or shape as defined by the department. 5 26 5. A consumer may dispose of a beverage container by 5 27 allowing the container to be collected by an entity providing 5 28 a local curbside collection service. An entity collecting a 5 29 beverage container pursuant to this subsection shall not 5 30 reimburse the consumer for the container and shall only accept 5 31 a container which has been reduced or altered in size or shape 5 32 as defined by the department. A container collected by an 5 33 entity providing a local curbside collection service shall 5 34 sell the container to a recycler approved pursuant to section 5 35 455C.7. 6 1 Sec. 9. Section 455C.5, Code 2001, is amended to read as 6 2 follows: 6 3 455C.5 "IOWA REFUNDVALUE" STATED ON CONTAINER – 6 4 EXCEPTIONS. 6 5 1. Each beverage container sold or offered for sale in 6 6 this state by a dealer shall clearly indicate the words "Iowa 6 7 refund" in capital letters by embossing or by a stamp, label 6 8 or other method securely affixed to the container, the refund6 9value of the container. The department shall specify, by 6 10 rule, the minimum size and contrast of the words "Iowa refund" 6 11valueindication on the beverage containers. The embossing, 6 12 stamp, label, or other method shall be clear, conspicuous, and 6 13 in significant color contrast. 6 14 2. A person, except a distributor, shall not import into 6 15 this state on or afterJuly 1, 1979January 1, 2002, a 6 16 beverage container which does not have securely affixed to the 6 17 container therefund value indicationwords "Iowa refund". 6 18 The provisions of this subsection do not apply if: 6 19 a. For beverage containers containing alcoholic liquor as 6 20 defined in section 123.3, subsection 5, the total capacity of 6 21 the containers is not more than one quart or, in the case of 6 22 alcoholic liquor personally obtained outside the United 6 23 States, one gallon. 6 24 b. For beverage containers containing beer as defined in 6 25 section 123.3, subsection 7, the total capacity of the 6 26 containers is not more than two hundred eighty-eight fluid 6 27 ounces. 6 28 c. For all other beverage containers, the total capacity 6 29 of the containers is not more than five hundred seventy-six 6 30 fluid ounces. 6 31 3. The provisions of subsections 1 and 2of this section6 32 do not apply toa refillable glass beverage container which6 33has a brand name permanently marked on it and which has a6 34refund value of not less than five cents, to any other6 35refillable beverage container which has a refund value of not7 1less than five cents and which is exempted by the director7 2under rules adopted by the commission, or toa beverage 7 3 container sold aboard a commercial airliner or passenger train 7 4 for consumption on the premises. 7 5 4. A distributor shall not sell or offer for sale to a 7 6 dealer in the state a beverage container if the distributor 7 7 sells the same beverage container meeting the labeling 7 8 requirements of this section in a state that does not have a 7 9 beverage container redemption system. 7 10 Sec. 10. Section 455C.6, Code 2001, is amended to read as 7 11 follows: 7 12 455C.6 REDEMPTION CENTERS. 7 13 1. To facilitate the return of empty beverage containers 7 14and to serve dealers of beverages, any person may establish a 7 15 redemption center, subject to the approval of the department, 7 16 at which consumers may return empty beverage containers and 7 17 receive payment of the refundvalue of suchequivalent amount 7 18 for the beverage containers. A redemption center shall not be 7 19 owned or operated by a dealer. 7 20 2. An application for approval of a redemption center 7 21 shall be filed with the department. The application shall 7 22 state the name and address of the person responsible for the 7 23 establishment and operation of the redemption center, the kind7 24and brand names of the beverage containers which will be7 25accepted at the redemption center, and the names and addresses7 26of the dealers to be served by the redemption centerand the 7 27 recycler with which the redemption center will be doing 7 28 business. The application shall contain such other 7 29 information as the director may reasonably require. 7 30 3. The department shall approve a redemption center if it 7 31 finds that the redemption center will provide a convenient 7 32 service to consumers for the return of empty beverage 7 33 containers.The order of the department approving a7 34redemption center shall state the dealers to be served by the7 35redemption center and the kind and brand names of empty8 1beverage containers which the redemption center must accept.8 2 The order approving a redemption center may containsuch other8 3 provisions toinsureensure that the redemption center will 8 4 provide a convenient service to the public as the director may 8 5 determine. 8 6 4. The department may review the approval of any 8 7 redemption center at any time. After written notice to the 8 8 person responsible for the establishment and operation of the 8 9 redemption center, and to thedealers served by therecycler 8 10 with which the redemption center will be doing business, the 8 11 commission may, after hearing, withdraw approval of a 8 12 redemption center if the commission finds there has not been 8 13 compliance with the department's order approving the 8 14 redemption center, or if the redemption center no longer 8 15 provides a convenient service to the public. 8 16 5. All approved redemption centers shall meet applicable 8 17 health standards. 8 18 6. A redemption center approved after the effective date 8 19 of this Act shall not offer for purchase to a consumer any 8 20 beverage sold in multiple unit packages. 8 21 Sec. 11. Section 455C.7, Code 2001, is amended by striking 8 22 the section and inserting in lieu thereof the following: 8 23 455C.7 RECYCLERS. 8 24 1. In order for a redemption center to receive moneys from 8 25 the container redemption fund, the redemption center must 8 26 transfer empty beverage containers to a recycler approved by 8 27 the department. An approved recycler shall accept all types 8 28 of empty beverage containers covered by this chapter. 8 29 2. An application for approval of a recycler shall be 8 30 filed with the department. The application shall state the 8 31 name and address of the recycler and the names and addresses 8 32 of the redemption centers to be served by the recycler. The 8 33 application shall contain such other information as the 8 34 director may reasonably require. 8 35 3. The department shall approve a recycler if the 9 1 department finds that the recycler will provide a convenient 9 2 service to a significant number of redemption centers. The 9 3 order of the department approving a recycler shall state the 9 4 redemption centers to be served by the recycler and shall 9 5 state the price the department shall receive per pound of 9 6 empty beverage containers for containers received from a 9 7 redemption center. The order may contain such other 9 8 provisions to ensure that the recycler will provide a 9 9 convenient service to the redemption centers as the director 9 10 may determine. 9 11 4. The department may review the approval of any recycler 9 12 at any time. After written notice to the recycler, and to the 9 13 redemption centers served by the recycler, the commission may, 9 14 after hearing, withdraw approval of a recycler if the 9 15 commission finds there has not been compliance with the 9 16 department's order approving the recycler, or if the recycler 9 17 no longer provides a convenient service to the redemption 9 18 centers. 9 19 Sec. 12. NEW SECTION. 455C.11 REFILLABLE BEVERAGE 9 20 CONTAINERS. 9 21 Refillable beverage containers shall not be subject to the 9 22 provisions of this chapter. 9 23 Sec. 13. Section 455C.12, subsections 1, 2, 3, and 5, Code 9 24 2001, are amended to read as follows: 9 25 1. Any person violating the provisions of section455C.2,9 26 455C.3, 455C.4, 455C.5, and 455C.8, or a rule adopted under 9 27 this chapter shall be guilty of a simple misdemeanor. 9 28 2. Adistributorrecycler who collects or attempts to 9 29 collect a refund value on an empty beverage container when the 9 30distributorrecycler haspaid the refund value onreceived the 9 31 containerto a dealer, redemption center, or consumerfrom a 9 32 redemption center is guilty of a fraudulent practice. 9 33 3. Any person who does any of the following acts is guilty 9 34 of a fraudulent practice: 9 35 a. Collects or attempts to collect the refund value on the 10 1 container a second time, with the knowledge that therefund10 2value has once been paid by the distributor to a dealer,10 3redemption center or consumercontainer has previously been 10 4 transferred to a recycler by a redemption center. 10 5 b. Manufactures, sells, possesses or applies a false or 10 6 counterfeit label or indication which shows or purports to 10 7 show a refund value for a beverage container, with intent to 10 8 use the false or counterfeit label or indication. 10 9 c. Collects or attempts to collect a refund value on a 10 10 container with the use of a false or counterfeit label or 10 11 indication showing a refund value, knowing the label or 10 12 indication to be false or counterfeit. 10 135. Subsection 2 and subsection 3, paragraph "a" of this10 14section have no application to empty beverage containers which10 15are intended to be refillable and are in a standard of10 16condition except for sanitization to be refillable by the10 17manufacturer.10 18 Sec. 14. DISTRIBUTOR PAYMENT. On January 2, 2002, any 10 19 distributor providing beverage containers to a dealer in this 10 20 state during the calendar year 2001 shall pay the department 10 21 an amount equal to six cents per container for ninety percent 10 22 of all containers that were distributed by the distributor 10 23 during the calendar year 2001 and that had not been redeemed 10 24 as of December 31, 2001. 10 25 Sec. 15. EFFECTIVE DATE. This Act takes effect January 1, 10 26 2002. 10 27 EXPLANATION 10 28 This bill amends Code chapter 455C, which relates to the 10 29 beverage container control law. The bill replaces the current 10 30 system for redeeming and recycling beverage containers with a 10 31 new system. 10 32 The bill creates two new measurements and two new entities 10 33 within the container redemption system. The bill provides 10 34 that "handling reimbursement equivalent amount" is an amount 10 35 of money per pound of empty beverage containers that is 11 1 equivalent to 1 cent per empty beverage container. The bill 11 2 also provides that "refund equivalent amount" is an amount of 11 3 money per pound of empty beverage containers which is 11 4 equivalent to 5 cents per empty beverage container. The bill 11 5 provides that a "recycler" is a person approved by the 11 6 department of natural resources who receives empty beverage 11 7 containers from a recycling agent. 11 8 The bill provides departmental duties related to Code 11 9 chapter 455C which include administering a newly created 11 10 container redemption fund, determining and publishing the 11 11 refund equivalent amount, and the handling reimbursement 11 12 equivalent amount, and conducting an approval process for 11 13 redemption centers and recyclers. 11 14 The bill creates a container redemption fund in the state 11 15 treasury under the control of the department. The bill 11 16 provides that the fund shall consist of the moneys received by 11 17 the department from distributors and recyclers. The bill 11 18 provides that as of July 1 of each fiscal year, the department 11 19 shall determine the final balance of the fund for the end of 11 20 the previous fiscal year with one half of the balance being 11 21 deemed to constitute abandoned refund value. The bill 11 22 provides that the abandoned refund value is appropriated to 11 23 the department. The bill provides that the moneys shall be 11 24 allocated to the Robert D. Ray beautiful land fund, to solid 11 25 waste planning areas, to county conservation boards, to the 11 26 department of agriculture and land stewardship, to the 11 27 department of natural resources, and to the bottle bill 11 28 scholarship fund. 11 29 The bill creates a Robert D. Ray beautiful land fund under 11 30 the control of the department to be used to support 11 31 environmental programs of the department. The bill provides 11 32 that the moneys in the fund shall be appropriated annually to 11 33 the state department of transportation for the adopt-a-highway 11 34 program, to the state board of regents for the Iowa waste 11 35 exchange, and to the department of natural resources for an 12 1 adopt-a-place program, grants for programs on litter and 12 2 illegal dumping, grants for programs on waste reduction, waste 12 3 reuse, and recycling, and no-interest loans for developing end 12 4 uses and markets for recyclables. 12 5 The bill creates a bottle bill scholarship fund to provide 12 6 scholarships to postsecondary students pursuing a curriculum 12 7 which includes the topics of natural resources conservation 12 8 and solid waste management. 12 9 The bill provides that a refund value of not less than 5 12 10 cents shall be paid by the consumer on each beverage 12 11 container. The bill provides that redemption centers shall be 12 12 used for redeeming empty beverage containers and that 12 13 redemption centers shall pay the refund value to consumers. 12 14 The bill provides that redemption centers shall refuse to 12 15 accept a container which has been reduced or altered in size 12 16 or shape as defined by the department. The bill provides that 12 17 a consumer may dispose of a beverage container by allowing the 12 18 container to be collected by an entity providing a local 12 19 curbside collection service and that such an entity collecting 12 20 a beverage container shall not reimburse the consumer for the 12 21 container and shall only accept a container which has been 12 22 reduced or altered in size or shape as defined by the 12 23 department. The bill provides that a container collected by 12 24 such an entity providing a local curbside collection service 12 25 shall sell the container to an approved recycler. 12 26 The bill provides that, not more than one week after a 12 27 distributor sells a beverage container to a dealer, the 12 28 distributor shall pay the department 5 cents for each beverage 12 29 container sold to a dealer. The bill also provides that, at 12 30 least monthly, a redemption center shall submit a report to 12 31 the department detailing the number of pounds of empty 12 32 beverage containers transferred to recyclers since the 12 33 previous reporting period. The bill provides that, for every 12 34 pound of empty beverage containers transferred to a recycler, 12 35 the department shall pay the redemption center an amount 13 1 equivalent to the sum of the refund equivalent amount and the 13 2 handling reimbursement equivalent amount. 13 3 The bill provides that a redemption center may deduct 5 13 4 cents from the total reimbursement to be received by a 13 5 consumer for any empty beverage container that is presented to 13 6 the redemption center and does not meet the container labeling 13 7 requirements. 13 8 The bill makes amendments related to the container labeling 13 9 requirements. The bill provides that the words "Iowa refund" 13 10 shall be on every container in a manner that is clear, 13 11 conspicuous, and in significant color contrast. The bill 13 12 prohibits a distributor from selling or offering for sale to a 13 13 dealer in this state a container if the distributor sells the 13 14 same beverage container meeting the labeling requirements in a 13 15 state that does not have a beverage container redemption 13 16 system. 13 17 The bill makes conforming amendments to provisions relating 13 18 to redemption centers. The bill provides that redemption 13 19 centers approved after the effective date of the bill shall 13 20 not sell or offer for sale to a consumer any beverage sold in 13 21 multiple unit packages. The bill provides that a dealer shall 13 22 not own or operate a redemption center. 13 23 The bill provides an application and approval process for 13 24 recyclers. The bill provides for the subsequent review and 13 25 withdrawal of approval of a recycler. The bill provides that 13 26 an order approving a recycler shall include the price the 13 27 department shall receive per pound of empty beverage 13 28 containers for containers received from a redemption center. 13 29 The bill provides that refillable beverage containers shall 13 30 not be subject to the provisions of Code chapter 455C. 13 31 The bill provides that, on January 2, 2002, any distributor 13 32 providing beverage containers to a dealer in the state during 13 33 the calendar year 2001 shall pay the department an amount 13 34 equal to 6 cents per container for 90 percent of all 13 35 containers that were distributed by the distributor during the 14 1 calendar year 2001 and that had not been redeemed as of 14 2 December 31, 2001. 14 3 The bill makes conforming amendments to the penalty 14 4 provisions of Code chapter 455C. 14 5 The bill takes effect January 1, 2002. 14 6 LSB 1749SS 79 14 7 tm/pj/5.1
Text: SF00193 Text: SF00195 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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