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