House File 350 - Introduced HOUSE FILE BY REICHERT Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act requiring curbside recycling collection programs in 2 certain cities. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1899YH 83 5 tm/rj/14 PAG LIN 1 1 Section 1. Section 455B.302, unnumbered paragraphs 1 and 1 2 2, Code 2009, are amended to read as follows: 1 3 Every city and county of this state shall provide for the 1 4 establishment and operation of a comprehensive solid waste 1 5 reduction program consistent with the waste management 1 6 hierarchy under section 455B.301A, and a sanitary disposal 1 7 project for final disposal of solid waste by its residents. A 1 8 city with a population of more than twenty thousand shall 1 9 provide a curbside recycling collection program for its 1 10 residents. Comprehensive programs and sanitary disposal 1 11 projects may be established either separately or through 1 12 co=operative efforts for the joint use of the participating 1 13 public agencies as provided by law. 1 14 Cities and counties may execute with public and private 1 15 agencies contracts, leases, or other necessary instruments, 1 16 purchase land and do all things necessary not prohibited by 1 17 law for the implementation of waste management programs, 1 18 collection of solid waste, establishment and operation of 1 19 sanitary disposal projects, operation of curbside recycling 1 20 collection programs, and general administration of the same. 1 21 Any agreement executed with a private agency for the operation 1 22 of a sanitary disposal project shall provide for the posting 1 23 of a sufficient surety bond by the private agency conditioned 1 24 upon the faithful performance of the agreement. A city or 1 25 county may at any time during regular working hours enter upon 1 26 the premises of a sanitary disposal project, including the 1 27 premises of a sanitary landfill, in order to inspect the 1 28 premises and monitor the operations and general administration 1 29 of the project to ensure compliance with the agreement and 1 30 with state and federal laws. This includes the right of the 1 31 city or county to enter upon the premises of a former sanitary 1 32 disposal project which has been closed, including the premises 1 33 of a former sanitary landfill, owned by a private agency, for 1 34 the purpose of providing required postclosure care. 1 35 Sec. 2. Section 455D.21, Code 2009, is amended to read as 2 1 follows: 2 2 455D.21 LOCAL ORDINANCE == CURBSIDE COLLECTION. 2 3 A city council for a city with a population of twenty 2 4 thousand or less or county board of supervisors which provides 2 5 for the collection of solid waste by its residents shall 2 6 consider as a proposed ordinance, the mandatory curbside 2 7 collection of recyclable materials which have been separated 2 8 from other solid waste. The proposed ordinance shall be 2 9 considered in accordance with chapter 331 or 380. 2 10 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 2 11 3, shall not apply to this Act. 2 12 EXPLANATION 2 13 This bill requires a city with a population of more than 2 14 20,000 to provide a curbside recycling collection program for 2 15 its residents. The bill allows such cities to contract with 2 16 public and private agencies to operate curbside recycling 2 17 collection programs. 2 18 The bill may include a state mandate as defined in Code 2 19 section 25B.3. The bill makes inapplicable Code section 2 20 25B.2, subsection 3, which would relieve a political 2 21 subdivision from complying with a state mandate if funding for 2 22 the cost of the state mandate is not provided or specified. 2 23 Therefore, political subdivisions are required to comply with 2 24 any state mandate included in the bill. 2 25 LSB 1899YH 83 2 26 tm/rj/14