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