H.F. _____ DIVISION I 1 BOTTLE BILL REPEAL 2 Section 1. Section 123.24, subsection 5, Code 2011, is 3 amended to read as follows: 4 5. Notwithstanding subsection 4 , the division shall assess 5 a bottle surcharge to be included in the price of alcoholic 6 liquor in an amount sufficient , when added to the amount not 7 refunded to class “E” liquor control licensees pursuant to 8 section 455C.2 , to pay the costs incurred by the division for 9 collecting and properly disposing of the liquor containers. 10 The amount collected pursuant to this subsection , in addition 11 to any amounts not refunded to class “E” liquor control 12 licensees pursuant to section 455C.2 , shall be deposited in the 13 beer and liquor control fund established under section 123.53 . 14 Sec. 2. Section 123.26, Code 2011, is amended to read as 15 follows: 16 123.26 Restrictions on sales —— seals —— labeling. 17 Alcoholic liquor shall not be sold by a class “E” liquor 18 control licensee except in a sealed container with identifying 19 markers as prescribed by the administrator and affixed in the 20 manner prescribed by the administrator, and no such container 21 shall be opened upon the premises of a state warehouse. The 22 division shall cooperate with the department of natural 23 resources so that only one identifying marker or mark is needed 24 to satisfy the requirements of this section and section 455C.5, 25 subsection 1 . Possession of alcoholic liquors which do not 26 carry the prescribed identifying markers is a violation of this 27 chapter except as provided in section 123.22 . 28 Sec. 3. Section 123.187, subsection 4, paragraph b, Code 29 2011, is amended by striking the paragraph. 30 Sec. 4. Section 423.6, subsection 3, paragraph a, Code 2011, 31 is amended to read as follows: 32 a. Any tangible personal property including containers which 33 it is intended shall, by means of fabrication, compounding, 34 manufacturing, or germination, become an integral part of other 35 -1- LSB 2265YC (2) 84 tm/nh 1/ 10

H.F. _____ tangible personal property intended to be sold ultimately at 1 retail , and containers used in the collection, recovery, or 2 return of empty beverage containers subject to chapter 455C . 3 Sec. 5. Section 455A.4, subsection 1, paragraph b, Code 4 2011, is amended to read as follows: 5 b. Provide overall supervision, direction, and coordination 6 of functions to be administered by the administrators under 7 chapters 321G , 321I , 455B , 455C , 456 , 456A , 456B , 457A , 458A , 8 459 , 459A , 459B , 461A , 462A , 462B , 464A , 465C , 473 , 481A , 481B , 9 483A , 484A , and 484B . 10 Sec. 6. Section 455A.6, subsection 6, paragraphs a, b, and 11 d, Code 2011, are amended to read as follows: 12 a. Establish policy for the department and adopt rules, 13 pursuant to chapter 17A , necessary to provide for the effective 14 administration of chapter 455B , 455C , or 459 . 15 b. Hear appeals in contested cases pursuant to chapter 17A 16 on matters relating to actions taken by the director under 17 chapter 455C , 458A , 464B , or 473 . 18 d. Approve the budget request prepared by the director 19 for the programs authorized by chapters 455B , 455C , 455E , 20 455F , 455H , and 459, subchapters II and III . The commission 21 shall approve the budget request prepared by the director for 22 programs subject to the rulemaking authority of the commission. 23 The commission may increase, decrease, or strike any item 24 within the department budget request for the specified programs 25 before granting approval. 26 Sec. 7. Section 455B.313, subsection 1, Code 2011, is 27 amended to read as follows: 28 1. A distributor as defined in section 455C.1, subsection 29 9 , shall not sell or offer to sell any beverage container 30 if the beverage container is connected to another beverage 31 container by a device constructed of a material which is 32 not biodegradable or photodegradable. For purposes of this 33 section, “distributor” means any person who engages in the sale 34 of beverages in beverage containers to a dealer in this state, 35 -2- LSB 2265YC (2) 84 tm/nh 2/ 10

H.F. _____ including any manufacturer who engages in such sales. 1 Sec. 8. NEW SECTION . 455D.17 Beverage containers —— 2 disposal at sanitary landfill prohibited. 3 The final disposal of beverage containers, as defined in 4 section 455B.301, in a sanitary landfill is prohibited. 5 Sec. 9. REPEAL. Chapter 455C, Code 2011, is repealed. 6 DIVISION II 7 LITTERING FINES —— LITTER CLEANUP GRANTS 8 Sec. 10. NEW SECTION . 455B.326 Litter cleanup grant fund. 9 1. A litter cleanup grant fund is created in the state 10 treasury under the control of the department consisting of 11 moneys deposited in the fund pursuant to section 602.8108, 12 subsection 9, moneys appropriated by the general assembly, and 13 any other money available to and obtained or accepted by the 14 department for placement in the fund. 15 2. Moneys in the fund are appropriated to the department 16 for purposes of providing grants to nonprofit organizations for 17 litter cleanup activities in neighborhoods and along highways. 18 3. Moneys credited to the fund are not subject to section 19 8.33. Notwithstanding section 12C.7, interest or earnings on 20 moneys in the fund shall be credited to the fund. 21 Sec. 11. Section 602.8108, subsection 9, Code 2011, is 22 amended to read as follows: 23 9. The state court administrator shall allocate fifty one 24 hundred percent of all of the fines attributable to littering 25 citations issued pursuant to sections 321.369 , 321.370 , and 26 461A.43 to the treasurer of state for deposit in the general 27 fund of the state and . Fifty percent of such moneys are 28 appropriated to the state department of transportation for 29 purposes of the cleanup of litter and illegally discarded solid 30 waste and fifty percent of such moneys are appropriated to 31 the department of natural resources for deposit in the litter 32 cleanup grant fund created in section 455B.326 . 33 Sec. 12. Section 805.8A, subsection 14, paragraph d, Code 34 2011, is amended to read as follows: 35 -3- LSB 2265YC (2) 84 tm/nh 3/ 10

H.F. _____ d. Litter and debris violations. For violations under 1 sections 321.369 and 321.370 , the scheduled fine is seventy one 2 hundred fifty dollars. 3 Sec. 13. Section 805.8B, subsection 6, paragraph e, Code 4 2011, is amended to read as follows: 5 e. For violations under section 461A.43 , the scheduled fine 6 is thirty seventy-five dollars. 7 DIVISION III 8 WASTE REDUCTION GOALS 9 Sec. 14. Section 455B.310, subsection 4, unnumbered 10 paragraph 1, Code 2011, is amended to read as follows: 11 If a planning area achieves the fifty sixty percent waste 12 reduction goal provided in section 455D.3 , ninety-five cents of 13 the tonnage fee shall be retained by a city, county, or public 14 or private agency. If the fifty sixty percent waste reduction 15 goal has not been met, one dollar and twenty cents of the 16 tonnage fee shall be retained by a city, county, or public or 17 private agency. Moneys retained by a city, county, or public 18 or private agency shall be used as follows: 19 Sec. 15. Section 455B.310, subsection 4, paragraph b, Code 20 2011, is amended to read as follows: 21 b. If a planning area achieves the fifty sixty percent waste 22 reduction goal provided in section 455D.3 , forty-five cents of 23 the retained funds shall be used for implementing waste volume 24 reduction and recycling requirements of comprehensive plans 25 filed under section 455B.306 . If the fifty sixty percent waste 26 reduction goal has not been met, seventy cents of the retained 27 funds shall be used for implementing waste volume reduction 28 and recycling requirements of comprehensive plans filed under 29 section 455B.306 . The funds shall be distributed to a city, 30 county, or public agency served by the sanitary disposal 31 project. Fees collected by a private agency which provides 32 for the final disposal of solid waste shall be remitted to the 33 city, county, or public agency served by the sanitary disposal 34 project. However, if a private agency is designated to develop 35 -4- LSB 2265YC (2) 84 tm/nh 4/ 10

H.F. _____ and implement the comprehensive plan pursuant to section 1 455B.306 , fees under this paragraph shall be retained by the 2 private agency. 3 Sec. 16. Section 455B.310, subsection 7, Code 2011, is 4 amended to read as follows: 5 7. Fees imposed by this section shall be paid to the 6 department on a quarterly basis with payment due by no more 7 than ninety days following the quarter during which the fees 8 were collected. The payment shall be accompanied by a return 9 which shall identify the amount of fees to be allocated to 10 the landfill alternative financial assistance program, the 11 amount of fees, in terms of cents per ton, retained for meeting 12 waste reduction and recycling goals under section 455D.3 , and 13 additional fees imposed for failure to meet the twenty-five 14 fifty percent waste reduction and recycling goal under section 15 455D.3 . Sanitary landfills serving more than one planning area 16 shall submit separate reports for each planning area. 17 Sec. 17. Section 455D.3, Code 2011, is amended to read as 18 follows: 19 455D.3 Goals for waste stream reduction —— procedures —— 20 reductions and increases in fees. 21 1. Year 1994 2016 and 2000 2021 goals. 22 a. The goal of the state is to reduce the amount of 23 materials in the waste stream, existing as of July 1, 1988 24 2011 , twenty-five fifty percent by July 1, 1994 2016 , and fifty 25 sixty percent by July 1, 2000 2021 , through the practice of 26 waste volume reduction at the source and through recycling. 27 For the purposes of this section , “waste stream” means the 28 disposal of solid waste as “solid waste” is defined in section 29 455B.301 . 30 b. Notwithstanding section 455D.1, subsection 6 , facilities 31 which employ combustion of solid waste with energy recovery 32 and refuse-derived fuel, which are included in an approved 33 comprehensive plan, may include these processes in the 34 definition of recycling for the purpose of meeting the state 35 -5- LSB 2265YC (2) 84 tm/nh 5/ 10

H.F. _____ goal if at least thirty-five percent of the waste reduction 1 goal, required to be met by July 1, 2000 2021 , pursuant to 2 this section , is met through volume reduction at the source 3 and recycling and reuse, as established pursuant to section 4 455B.301A, subsection 1 , paragraphs “a” and “b” . 5 2. Projected waste stream —— year 2000 2021 . A planning 6 area may request the department to allow the planning area to 7 project the planning area’s waste stream for the year 2000 8 2021 for purposes of meeting the year 2000 fifty 2021 sixty 9 percent waste volume reduction and recycling goals required 10 by this section . The department shall make a determination 11 of the eligibility to use this option based upon the annual 12 tonnage of solid waste processed by the planning area and 13 the population density of the area the planning area serves. 14 If the department agrees to allow the planning area to make 15 year 2000 2021 waste stream projections, the planning area 16 shall calculate the year 2000 2021 projections and submit the 17 projections to the department for approval. The planning area 18 shall use data which is current as of July 1, 1994 2011 , and 19 shall take into account population, employment, and industrial 20 changes and documented diversions due to existing programs. 21 The planning area shall use the departmental methodology to 22 calculate the tonnage necessary to be diverted from landfills 23 in order to meet the year 2000 fifty 2021 sixty percent waste 24 volume reduction and recycling goals required by this section . 25 Once the department approves the year 2000 2021 projections, 26 the projections shall not be changed prior to the year 2001 27 2022 . 28 3. Departmental monitoring. 29 a. (1) By October 31, 1994 2016 , a planning area shall 30 submit to the department a solid waste abatement table which is 31 updated through June 30, 1994 2016 . By April 1, 1995 2017 , the 32 department shall report to the general assembly on the progress 33 that has been made by each planning area on attainment of the 34 July 1, 1994, twenty-five 2016, fifty percent goal. 35 -6- LSB 2265YC (2) 84 tm/nh 6/ 10

H.F. _____ (2) If at any time the department determines that a planning 1 area has met or exceeded the twenty-five fifty percent goal, 2 but has not met or exceeded the fifty sixty percent goal, a 3 planning area shall subtract sixty cents from the total amount 4 of the tonnage fee imposed pursuant to section 455B.310 . If at 5 any time the department determines that a planning area has met 6 or exceeded the fifty sixty percent goal, a planning area shall 7 subtract fifty cents from the total amount of the tonnage fee 8 imposed pursuant to section 455B.310 . The reduction in tonnage 9 fees pursuant to this paragraph shall be taken from that 10 portion of the tonnage fees which would have been allocated for 11 funding alternatives to landfills pursuant to section 455E.11, 12 subsection 2 , paragraph “a” , subparagraph (1). 13 (3) If the department determines that a planning area 14 has failed to meet the July 1, 1994, twenty-five 2016, fifty 15 percent goal, the planning area shall, at a minimum, implement 16 the solid waste management techniques as listed in subsection 17 4 . Evidence of implementation of the solid waste management 18 techniques shall be documented in subsequent comprehensive 19 plans submitted to the department. 20 b. (1) By October 31, 2000 2021 , a planning area shall 21 submit to the department, a solid waste abatement table which 22 is updated through June 30, 2000 2021 . By April 1, 2001 2022 , 23 the department shall report to the general assembly on the 24 progress that has been made by each planning area on attainment 25 of the July 1, 2000, fifty 2021, sixty percent goal. 26 (2) If at any time the department determines that a planning 27 area has met or exceeded the fifty sixty percent goal, the 28 planning area shall subtract fifty cents from the total amount 29 of the tonnage fee imposed pursuant to section 455B.310 . This 30 amount shall be in addition to any amount subtracted pursuant 31 to paragraph “a” of this subsection . The reduction in tonnage 32 fees pursuant to this paragraph shall be taken from that 33 portion of the tonnage fees which would have been allocated to 34 funding alternatives to landfills pursuant to section 455E.11, 35 -7- LSB 2265YC (2) 84 tm/nh 7/ 10

H.F. _____ subsection 2 , paragraph “a” , subparagraph (1). Except for fees 1 required under subsection 4 , paragraph “a” , a planning area 2 failing to meet the fifty sixty percent goal is not required to 3 remit any additional tonnage fees to the department. 4 4. Solid waste management techniques. A planning area 5 that fails to meet the twenty-five fifty percent goal shall 6 implement the following solid waste management techniques: 7 a. Remit fifty cents per ton to the department, as of July 8 1, 1995. The funds shall be deposited in the solid waste 9 account under section 455E.11, subsection 2 , paragraph “a” , 10 to be used for funding alternatives to landfills pursuant to 11 section 455E.11, subsection 2 , paragraph “a” , subparagraph (1). 12 Moneys under this paragraph shall be remitted until such time 13 as evidence of attainment of the twenty-five fifty percent goal 14 is documented in subsequent comprehensive plans submitted to 15 the department. 16 b. Notify the public of the planning area’s failure to meet 17 the waste volume reduction goals of this section , utilizing 18 standard language developed by the department for that purpose. 19 c. Develop draft ordinances which shall be used by local 20 governments for establishing collection fees that are based 21 on volume or on the number of containers used for disposal by 22 residents. 23 d. Conduct an educational and promotional program to inform 24 citizens of the manner and benefits of reducing, reusing, and 25 recycling materials and the procurement of products made with 26 recycled content. The program shall include the following: 27 (1) Targeted waste reduction and recycling education for 28 residents, including multifamily dwelling complexes having five 29 or more units. 30 (2) An intensive one-day seminar for the commercial sector 31 regarding the benefits of and opportunities for waste reduction 32 and recycling. 33 (3) Promotion of recycling through targeted community and 34 media events. 35 -8- LSB 2265YC (2) 84 tm/nh 8/ 10

H.F. _____ (4) Recycling notification and education packets to all new 1 residential, commercial, and institutional collection service 2 customers that include, at a minimum, the manner of preparation 3 of materials for collection, and the reasons for separation of 4 materials for recycling. 5 5. Environmental management systems. A planning area 6 designated as an environmental management system pursuant to 7 section 455J.7 is exempt from the waste stream reduction goals 8 of this section . 9 6. By November 1 of each year, the department shall submit 10 a report to the governor and the general assembly regarding the 11 progress of planning areas in meeting the waste reduction goals 12 of this section. 13 EXPLANATION 14 This bill relates to recycling by repealing beverage 15 container control laws, increasing littering fines, changing 16 waste volume reduction goals, and making penalties applicable. 17 The bill is organized by divisions. 18 BOTTLE BILL REPEAL. This division repeals Code chapter 455C 19 relating to the control of beverage containers, more commonly 20 known as the bottle bill. The division prohibits the final 21 disposal of beverage containers in a sanitary landfill. The 22 division makes conforming amendments. 23 LITTERING FINES —— LITTER CLEANUP GRANTS. The division 24 increases the scheduled fines for littering and placing 25 debris on public highways from $70 to $150 and increases the 26 scheduled fine for littering in a state park or preserve from 27 $30 to $75. Currently, 50 percent of both scheduled fines 28 are deposited in the general fund and appropriated to the 29 department of transportation for purposes of litter cleanup. 30 The division provides that 100 percent of both scheduled fines 31 are to be deposited in the general fund, with 50 percent of the 32 moneys appropriated to the department of transportation for 33 litter cleanup and 50 percent appropriated to the department 34 of natural resources for deposit in the newly created litter 35 -9- LSB 2265YC (2) 84 tm/nh 9/ 10

H.F. _____ cleanup grant fund. The division creates a litter cleanup 1 grant fund to be administered by the department for purposes of 2 providing grants to nonprofit organizations for litter cleanup 3 activities in neighborhoods and along highways. 4 WASTE REDUCTION GOALS. Currently, waste stream reduction 5 goals for the state are to reduce the waste stream by 25 6 percent by July 1, 1994, and by 50 percent by July 1, 2000, 7 based on the waste stream existing as of July 1, 1988. The 8 tonnage fee paid by a planning area is, in part, determined by 9 the waste volume reduction goals that are met by the planning 10 area. 11 The division creates new waste volume reduction goals. The 12 goals are to reduce the waste stream by 50 percent by July 1, 13 2016, and by 60 percent by July 1, 2021, based on the waste 14 stream existing as of July 1, 2011. The division replaces the 15 old goal levels with the new goal levels in the computation of 16 the tonnage fees paid by planning areas. 17 -10- LSB 2265YC (2) 84 tm/nh 10/ 10