House File 800 - Introduced
HOUSE FILE
BY COMMITTEE ON ENVIRONMENTAL
PROTECTION
(SUCCESSOR TO HF 164)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the beverage container control laws.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 22.7, Code 2007, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 58. Information obtained by the
1 4 department of natural resources pursuant to section 455C.17
1 5 regarding individual distributor and brand information.
1 6 Sec. 2. Section 455C.2, subsection 2, Code 2007, is
1 7 amended to read as follows:
1 8 2. In addition to the refund value provided in subsection
1 9 1 of 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 is one cent per
1 13 container, unless a different amount is negotiated between the
1 14 redemption centers of Iowa and an individual distributor. If
1 15 a different amount is negotiated, the negotiated amount shall
1 16 apply to all approved and unapproved redemption centers for
1 17 all empty beverage containers of the distributor. A dealer,
1 18 dealer agent, or person operating a redemption center may
1 19 compact empty metal beverage containers with the approval of
1 20 the distributor required to accept the containers.
1 21 Sec. 3. Section 455C.6, subsection 3, Code 2007, is
1 22 amended to read as follows:
1 23 3. The department shall approve a redemption center if it
1 24 finds that the redemption center will provide a convenient,
1 25 safe, and accessible service to consumers for the return of
1 26 empty beverage containers and if the redemption center
1 27 provides a safe working environment for employees. The order
1 28 of the department approving a redemption center shall state
1 29 the dealers to be served by the redemption center and the kind
1 30 and brand names of empty beverage containers which the
1 31 redemption center must accept. The order may contain such
1 32 other provisions to insure that the redemption center will
1 33 provide a convenient service to the public as the director may
1 34 determine.
1 35 Sec. 4. Section 455C.6, Code 2007, is amended by adding
2 1 the following new subsection:
2 2 NEW SUBSECTION. 6. An approved redemption center may
2 3 negotiate with a dealer and a distributor for terms of service
2 4 including terms for payment for services.
2 5 Sec. 5. Section 455C.7, Code 2007, is amended to read as
2 6 follows:
2 7 455C.7 UNAPPROVED REDEMPTION CENTERS.
2 8 Any person may establish a redemption center which has not
2 9 been approved by the department, at which a consumer may
2 10 return empty beverage containers and receive payment of the
2 11 refund value of the beverage containers. The establishment of
2 12 an unapproved redemption center shall not relieve any dealer
2 13 from the responsibility of redeeming any empty beverage
2 14 containers of the kind and brand sold by the dealer. A
2 15 redemption center may negotiate with a dealer and a
2 16 distributor for terms of service including terms for payment
2 17 for services.
2 18 Sec. 6. NEW SECTION. 455C.17 BEVERAGE REDEMPTION DATA.
2 19 1. By January 31 of each year all distributors shall file
2 20 an annual report with the department regarding the number of
2 21 beverage containers distributed for sale during the previous
2 22 calendar year and the number of beverage containers redeemed
2 23 during the previous calendar year. The report shall be
2 24 submitted on forms provided by the department.
2 25 2. All individual distributor and brand information
2 26 submitted on reports required by this section shall be
2 27 considered confidential.
2 28 3. By February 15 of each year, the department shall
2 29 submit a written report to the general assembly providing the
2 30 aggregate number of beverage containers distributed for sale
2 31 during the previous calendar year and the aggregate number of
2 32 beverage containers redeemed during the previous calendar
2 33 year. The report shall also provide the same information by
2 34 beverage type.
2 35 Sec. 7. NEW SECTION. 455C.18 BEVERAGE CONTAINER TASK
3 1 FORCE.
3 2 1. The department shall convene a task force with one
3 3 representative from each of the following:
3 4 a. The Iowa grocery industry association.
3 5 b. Redemption centers of Iowa.
3 6 c. Iowa wholesale beer distributors association.
3 7 d. The Iowa society of solid waste operations.
3 8 e. Iowa soft drink association.
3 9 f. The Iowa recycling association.
3 10 g. The Iowa environmental council.
3 11 h. The petroleum marketers and convenience stores of Iowa.
3 12 i. The Iowa chapter of the sierra club.
3 13 2. The chairperson and ranking member of the standing
3 14 committee on environmental protection in the house of
3 15 representatives and the chairperson and ranking member of the
3 16 standing committee on natural resources and environment in the
3 17 senate shall serve as ex officio, nonvoting members of the
3 18 task force.
3 19 3. The task force shall study and consider all of the
3 20 following:
3 21 a. Methods to increase the beverage container redemption
3 22 rate.
3 23 b. Methods to increase the profitability of redemption
3 24 centers.
3 25 c. The efficiency and costs associated with mandated,
3 26 statewide, curbside recycling of empty beverage containers.
3 27 d. Methods to provide greater efficiencies in the current
3 28 beverage container redemption system.
3 29 4. By January 1, 2010, the department shall submit to the
3 30 governor and the general assembly a final report of the task
3 31 force which shall include recommendations of the task force.
3 32 The department shall also make the final report publicly
3 33 available on the internet.
3 34 5. This section is repealed June 30, 2010.
3 35 EXPLANATION
4 1 This bill relates to the beverage container control laws.
4 2 The bill allows a handling fee that is different from the
4 3 current 1 cent per container reimbursement amount if such an
4 4 amount is negotiated between the redemption centers of Iowa
4 5 and an individual distributor. If a different amount is
4 6 negotiated, the negotiated amount shall apply to all approved
4 7 and unapproved redemption centers for all empty beverage
4 8 containers of the distributor.
4 9 In addition to other requirements for an approved
4 10 redemption center, the bill requires the department of natural
4 11 resources to find that a redemption center is safe and
4 12 accessible and that the redemption center provides a safe
4 13 working environment for employees.
4 14 The bill provides that approved and unapproved redemption
4 15 centers may negotiate with a dealer and a distributor for
4 16 terms of service including terms for payment for services.
4 17 The bill provides that, by January 31 of each year, all
4 18 distributors shall file an annual report with the department
4 19 regarding the number of beverage containers distributed for
4 20 sale during the previous calendar year and the number of
4 21 beverage containers redeemed during the previous calendar
4 22 year. The bill provides that individual distributor and brand
4 23 information shall be kept confidential pursuant to Code
4 24 chapter 22, unless ordered by a court, by the lawful custodian
4 25 of the records, or by another person duly authorized to
4 26 release such information.
4 27 The bill requires the department to convene a task force to
4 28 study and consider methods to increase the beverage container
4 29 redemption rate, methods to increase the profitability of
4 30 redemption centers, the efficiency and costs associated with
4 31 mandated, statewide curbside recycling of empty beverage
4 32 containers, and methods to provide greater efficiencies in the
4 33 current beverage container redemption system. The bill
4 34 provides a reporting requirement for the task force and
4 35 repeals the task force on June 30, 2010.
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