S.F. 249 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 1539XS (12) 84 tm/nh 1/ 18

S.F. 249 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 1539XS (12) 84 tm/nh 2/ 18

S.F. 249 including any manufacturer who engages in such sales. 1 Sec. 8. REPEAL. Chapter 455C, Code 2011, is repealed. 2 DIVISION II 3 UNIVERSAL RECYCLING 4 Sec. 9. Section 455B.301, subsections 3 and 4, Code 2011, 5 are amended by striking the subsections and inserting in lieu 6 thereof the following: 7 3. “Beverage” includes but is not limited to wine, alcoholic 8 liquor, and beer, all as defined in section 123.3, and any 9 nonalcoholic carbonated or noncarbonated drinks, excluding 10 grade “A” milk and milk products as specified in the grade “A” 11 pasteurized milk ordinance, as provided in section 192.102, in 12 liquid form and intended for human consumption. “Beverage” does 13 not include any of the following: 14 a. A liquid that is any of the following: 15 (1) A syrup. 16 (2) In a concentrated form. 17 (3) Typically added as a minor flavoring ingredient in 18 food or drink, such as extracts, cooking additives, sauces, or 19 condiments. 20 b. A liquid that is ingested in very small quantities and 21 consumed for medicinal purposes only. 22 c. A liquid that is designated and consumed only as a 23 nutritional supplement, as defined by the department, and not 24 as a beverage. 25 d. Products frozen at the time of sale to the consumer, 26 or, in the case of institutional users such as hospitals and 27 nursing homes, at a time of sale to such users. 28 e. Products designed to be consumed in a frozen state. 29 f. Instant drink powders. 30 g. Seafood, meat, or vegetable broths or soups but not 31 juices. 32 h. Farm-produced apple cider that has not been heated, 33 pasteurized, or otherwise processed. 34 i. Infant formula. 35 -3- LSB 1539XS (12) 84 tm/nh 3/ 18

S.F. 249 4. “Beverage container” means any bottle, can, jar, or 1 other container made of glass, metal, or plastic containing a 2 beverage which has been sealed by a manufacturer. “Beverage 3 container” for noncarbonated drinks, excluding alcoholic 4 liquor, wine, and fruit juices and drinks, includes only 5 those containers with a maximum capacity of not more than two 6 liters and not less than one hundred forty-seven milliliters. 7 “Beverage containers” made of high-density polyethylene for 8 fruit juices and drinks includes only those containers with a 9 maximum capacity of less than one-half gallon. 10 Sec. 10. Section 455B.301, Code 2011, is amended by adding 11 the following new subsections: 12 NEW SUBSECTION . 4A. “Beverage manufacturer” means a person 13 who bottles, cans, or otherwise fills beverage containers for 14 sale to distributors or dealers. 15 NEW SUBSECTION . 7A. “Dealer” means a person who engages in 16 the sale of beverages in beverage containers to a consumer. 17 NEW SUBSECTION . 8A. “Distributor” means a person who 18 engages in the sale of beverages in beverage containers to a 19 dealer in this state, including a beverage manufacturer who 20 engages in such sales. 21 NEW SUBSECTION . 13A. “On-premises sale” means a sales 22 transaction in which a beverage in a beverage container is 23 purchased by a consumer for immediate consumption within the 24 area under the control of the dealer. 25 NEW SUBSECTION . 18A. “Recyclable material” means any 26 material or group of materials that can be collected and sold 27 or used for recycling purposes. Beginning July 1, 2016, 28 “recyclable material” shall include all organic waste. 29 NEW SUBSECTION . 22A. “Single stream recycling” means 30 a system in which recyclable material is commingled for 31 collection into one container instead of being sorted into 32 separate commodities. 33 NEW SUBSECTION . 23A. “Source-separated recycling” means 34 a system in which recyclable material is segregated at the 35 -4- LSB 1539XS (12) 84 tm/nh 4/ 18

S.F. 249 point of generation and kept apart from the waste stream by the 1 generator of the recyclable material for purposes of collection 2 and recycling. 3 Sec. 11. Section 455B.304, Code 2011, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 20. The commission shall adopt rules 6 necessary for the administration of sections 455B.321 through 7 455B.324. 8 Sec. 12. Section 455B.306, subsection 1, paragraph a, Code 9 2011, is amended to read as follows: 10 a. All cities and counties shall also file with the director 11 a comprehensive plan detailing the method by which the city or 12 county will comply with the requirements of section 455B.302 to 13 establish and implement a comprehensive solid waste reduction 14 program for its residents and with the requirements of section 15 455B.321 . 16 Sec. 13. Section 455B.306, subsection 5, paragraph a, Code 17 2011, is amended to read as follows: 18 a. The extent to which solid waste is or can be recycled 19 through compliance with the requirements of section 455B.321 as 20 well as any other method . 21 Sec. 14. Section 455B.306, subsection 6, Code 2011, is 22 amended to read as follows: 23 6. The comprehensive plan shall provide details of a local 24 recycling program which shall contain a methodology for meeting 25 the state volume reduction goal pursuant to section 455D.3 , 26 and a methodology for implementing a program of separation of 27 wastes including but not limited to glass, plastic, paper, and 28 metal compliance with the requirements of section 455B.321 . 29 Sec. 15. NEW SECTION . 455B.321 Universal recycling. 30 1. Beginning July 1, 2012, cities, counties, and public and 31 private agencies responsible for waste management shall provide 32 all of the following services: 33 a. Single stream recycling collection services to all 34 single-family residential customers, including the delivery 35 -5- LSB 1539XS (12) 84 tm/nh 5/ 18

S.F. 249 of a container for the purpose of storage and collection of 1 recyclable material that is adequately sized for the customers 2 to use so that recycling is encouraged and disposal of 3 recyclable material is discouraged. The collection services 4 required under this paragraph shall be provided at a frequency 5 of not less than once every other week. 6 b. Source-separated recycling collection services to all 7 dealers providing on-premises sales, including the delivery 8 of a container for recyclable material that is adequately 9 sized for the premises being served. The collection services 10 required under this paragraph shall be provided at a frequency 11 that shall preclude the recycling containers from overflowing 12 and otherwise causing a nuisance. 13 2. a. Beginning July 1, 2014, cities, counties, and public 14 and private agencies responsible for waste management shall 15 provide single stream recycling collection services to all 16 multifamily residential customers, including providing the 17 multifamily residential complex with an appropriately sized and 18 centrally located recyclable material collection container for 19 the complex being served which is in the same vicinity as the 20 complex’s waste disposal containers. The collection services 21 required under this subsection shall be provided at a frequency 22 that shall preclude the recycling containers from overflowing 23 and otherwise causing a nuisance. 24 b. The director may approve a waiver from the requirements 25 of paragraph “a” if the waiver applicant can demonstrate 26 physical constraints preventing the placement of solid waste 27 and recyclable material collection containers at the same 28 location. 29 c. Owners of a multifamily residential complex shall, at 30 least once per calendar year, provide residents of the complex 31 with instructions on participating in the complex’s recycling 32 program. 33 3. By July 1, 2012, the department shall submit a report 34 to the governor and the general assembly regarding the 35 -6- LSB 1539XS (12) 84 tm/nh 6/ 18

S.F. 249 implementation of mandatory recycling collection requirements 1 for the commercial sector. The recommendations shall provide a 2 method for engaging the active participation of the commercial 3 sector in a comprehensive recycling program by not later than 4 July 1, 2014. 5 4. A person engaging in the collection, transportation, 6 processing, or marketing of recyclable materials from 7 source-separated recycling shall conduct such activities in a 8 manner that recyclable materials enter the marketplace and are 9 not otherwise disposed at a landfill or by incineration. 10 Sec. 16. NEW SECTION . 455B.322 Universal recycling 11 assistance program. 12 The department shall establish and administer a universal 13 recycling assistance program for purposes of providing 14 financial assistance to cities, counties, and public and 15 private entities for the initial implementation costs 16 associated with the requirements of section 455B.321. 17 Financial assistance shall take the form of grants and low 18 interest loans. 19 Sec. 17. NEW SECTION . 455B.323 Universal recycling 20 assistance fund. 21 1. A universal recycling assistance fund is created in the 22 state treasury under the control of the department consisting 23 of moneys deposited in the fund pursuant to section 455B.324, 24 moneys appropriated by the general assembly, and any other 25 money available to and obtained or accepted by the department 26 for placement in the fund. 27 2. Payments of interest, repayments of moneys loaned 28 pursuant to this section, and recaptures of loans shall be 29 deposited in the fund. 30 3. Moneys in the fund are appropriated to the department for 31 purposes of providing financial assistance under the universal 32 recycling assistance program pursuant to section 455B.322. 33 4. Moneys credited to the fund are not subject to section 34 8.33. Notwithstanding section 12C.7, interest or earnings on 35 -7- LSB 1539XS (12) 84 tm/nh 7/ 18

S.F. 249 moneys in the fund shall be credited to the fund. 1 Sec. 18. NEW SECTION . 455B.324 Recycling fee —— future 2 repeal. 3 1. A recycling fee of four cents shall be paid by a dealer 4 to the distributor on each beverage container received by 5 the dealer. On a monthly basis and in a manner determined 6 by the department, a distributor shall remit all such fees 7 collected by the distributor to the department for deposit in 8 the universal recycling assistance fund created in section 9 455B.323. The remitted fees shall be accompanied by a report 10 verifying the units sold during the previous month as well as 11 any other information required by the department. 12 2. This section is repealed June 30, 2015. 13 Sec. 19. NEW SECTION . 455B.325 Recycling public advisory 14 council. 15 1. A recycling public advisory council is established 16 within the department. The department shall provide the 17 council with staff and administrative support. The council 18 shall consist of all of the following members: 19 a. The director of the department of natural resources, or 20 the director’s designee, who shall serve as the chairperson of 21 the council. 22 b. One member representing county government. 23 c. One member representing city government. 24 d. One member representing the recycling industry. 25 e. One member representing the waste hauling industry. 26 f. One member representing the soft drink industry. 27 g. One member representing the alcoholic beverage industry. 28 h. One member representing a local chamber of commerce. 29 i. One member representing the restaurant industry. 30 j. One member representing the food industry. 31 k. Five members of the general public. 32 2. Except for the member named pursuant to subsection 1, 33 paragraph “a” , all members of the council shall be appointed by 34 the governor and shall serve three-year staggered terms with 35 -8- LSB 1539XS (12) 84 tm/nh 8/ 18

S.F. 249 the initial staggering of the terms to be determined by the 1 governor. A member shall not serve more than two consecutive 2 terms. Vacancies shall be filled for the remainder of the 3 original appointment. The appointments shall coordinated to 4 meet the requirements of sections 69.16 and 69.16A. 5 3. The council shall advise the department regarding all of 6 the following issues: 7 a. Recycling issues. 8 b. Criteria for financial assistance under the universal 9 recycling assistance program pursuant to section 455B.322. 10 c. Criteria for grants from the litter cleanup grant fund 11 created in section 455B.326. 12 d. A methodology for measuring waste volume reduction. 13 e. Recycling outreach and education. 14 DIVISION III 15 LITTERING FINES —— LITTER CLEANUP GRANTS 16 Sec. 20. NEW SECTION . 455B.326 Litter cleanup grant fund. 17 1. A litter cleanup grant fund is created in the state 18 treasury under the control of the department consisting of 19 moneys deposited in the fund pursuant to section 602.8108, 20 subsection 9, moneys appropriated by the general assembly, and 21 any other money available to and obtained or accepted by the 22 department for placement in the fund. 23 2. Moneys in the fund are appropriated to the department 24 for purposes of providing grants to nonprofit organizations for 25 litter cleanup activities in neighborhoods and along highways. 26 3. Moneys credited to the fund are not subject to section 27 8.33. Notwithstanding section 12C.7, interest or earnings on 28 moneys in the fund shall be credited to the fund. 29 Sec. 21. Section 602.8108, subsection 9, Code 2011, is 30 amended to read as follows: 31 9. The state court administrator shall allocate fifty one 32 hundred percent of all of the fines attributable to littering 33 citations issued pursuant to sections 321.369 , 321.370 , and 34 461A.43 to the treasurer of state for deposit in the general 35 -9- LSB 1539XS (12) 84 tm/nh 9/ 18

S.F. 249 fund of the state and . Fifty percent of such moneys are 1 appropriated to the state department of transportation for 2 purposes of the cleanup of litter and illegally discarded solid 3 waste and fifty percent of such moneys are appropriated to 4 the department of natural resources for deposit in the litter 5 cleanup grant fund created in section 455B.326 . 6 Sec. 22. Section 805.8A, subsection 14, paragraph d, Code 7 2011, is amended to read as follows: 8 d. Litter and debris violations. For violations under 9 sections 321.369 and 321.370 , the scheduled fine is seventy one 10 hundred fifty dollars. 11 Sec. 23. Section 805.8B, subsection 6, paragraph e, Code 12 2011, is amended to read as follows: 13 e. For violations under section 461A.43 , the scheduled fine 14 is thirty seventy-five dollars. 15 DIVISION IV 16 WASTE REDUCTION GOALS 17 Sec. 24. Section 455B.310, subsection 4, unnumbered 18 paragraph 1, Code 2011, is amended to read as follows: 19 If a planning area achieves the fifty sixty percent waste 20 reduction goal provided in section 455D.3 , ninety-five cents of 21 the tonnage fee shall be retained by a city, county, or public 22 or private agency. If the fifty sixty percent waste reduction 23 goal has not been met, one dollar and twenty cents of the 24 tonnage fee shall be retained by a city, county, or public or 25 private agency. Moneys retained by a city, county, or public 26 or private agency shall be used as follows: 27 Sec. 25. Section 455B.310, subsection 4, paragraph b, Code 28 2011, is amended to read as follows: 29 b. If a planning area achieves the fifty sixty percent waste 30 reduction goal provided in section 455D.3 , forty-five cents of 31 the retained funds shall be used for implementing waste volume 32 reduction and recycling requirements of comprehensive plans 33 filed under section 455B.306 . If the fifty sixty percent waste 34 reduction goal has not been met, seventy cents of the retained 35 -10- LSB 1539XS (12) 84 tm/nh 10/ 18

S.F. 249 funds shall be used for implementing waste volume reduction 1 and recycling requirements of comprehensive plans filed under 2 section 455B.306 . The funds shall be distributed to a city, 3 county, or public agency served by the sanitary disposal 4 project. Fees collected by a private agency which provides 5 for the final disposal of solid waste shall be remitted to the 6 city, county, or public agency served by the sanitary disposal 7 project. However, if a private agency is designated to develop 8 and implement the comprehensive plan pursuant to section 9 455B.306 , fees under this paragraph shall be retained by the 10 private agency. 11 Sec. 26. Section 455B.310, subsection 7, Code 2011, is 12 amended to read as follows: 13 7. Fees imposed by this section shall be paid to the 14 department on a quarterly basis with payment due by no more 15 than ninety days following the quarter during which the fees 16 were collected. The payment shall be accompanied by a return 17 which shall identify the amount of fees to be allocated to 18 the landfill alternative financial assistance program, the 19 amount of fees, in terms of cents per ton, retained for meeting 20 waste reduction and recycling goals under section 455D.3 , and 21 additional fees imposed for failure to meet the twenty-five 22 fifty percent waste reduction and recycling goal under section 23 455D.3 . Sanitary landfills serving more than one planning area 24 shall submit separate reports for each planning area. 25 Sec. 27. Section 455D.3, Code 2011, is amended to read as 26 follows: 27 455D.3 Goals for waste stream reduction —— procedures —— 28 reductions and increases in fees. 29 1. Year 1994 2016 and 2000 2021 goals. 30 a. The goal of the state is to reduce the amount of 31 materials in the waste stream, existing as of July 1, 1988 32 2011 , twenty-five fifty percent by July 1, 1994 2016 , and fifty 33 sixty percent by July 1, 2000 2021 , through the practice of 34 waste volume reduction at the source and through recycling. 35 -11- LSB 1539XS (12) 84 tm/nh 11/ 18

S.F. 249 For the purposes of this section , “waste stream” means the 1 disposal of solid waste as “solid waste” is defined in section 2 455B.301 . 3 b. Notwithstanding section 455D.1, subsection 6 , facilities 4 which employ combustion of solid waste with energy recovery 5 and refuse-derived fuel, which are included in an approved 6 comprehensive plan, may include these processes in the 7 definition of recycling for the purpose of meeting the state 8 goal if at least thirty-five percent of the waste reduction 9 goal, required to be met by July 1, 2000 2021 , pursuant to 10 this section , is met through volume reduction at the source 11 and recycling and reuse, as established pursuant to section 12 455B.301A, subsection 1 , paragraphs “a” and “b” . 13 2. Projected waste stream —— year 2000 2021 . A planning 14 area may request the department to allow the planning area to 15 project the planning area’s waste stream for the year 2000 16 2021 for purposes of meeting the year 2000 fifty 2021 sixty 17 percent waste volume reduction and recycling goals required 18 by this section . The department shall make a determination 19 of the eligibility to use this option based upon the annual 20 tonnage of solid waste processed by the planning area and 21 the population density of the area the planning area serves. 22 If the department agrees to allow the planning area to make 23 year 2000 2021 waste stream projections, the planning area 24 shall calculate the year 2000 2021 projections and submit the 25 projections to the department for approval. The planning area 26 shall use data which is current as of July 1, 1994 2011 , and 27 shall take into account population, employment, and industrial 28 changes and documented diversions due to existing programs. 29 The planning area shall use the departmental methodology to 30 calculate the tonnage necessary to be diverted from landfills 31 in order to meet the year 2000 fifty 2021 sixty percent waste 32 volume reduction and recycling goals required by this section . 33 Once the department approves the year 2000 2021 projections, 34 the projections shall not be changed prior to the year 2001 35 -12- LSB 1539XS (12) 84 tm/nh 12/ 18

S.F. 249 2022 . 1 3. Departmental monitoring. 2 a. (1) By October 31, 1994 2016 , a planning area shall 3 submit to the department a solid waste abatement table which is 4 updated through June 30, 1994 2016 . By April 1, 1995 2017 , the 5 department shall report to the general assembly on the progress 6 that has been made by each planning area on attainment of the 7 July 1, 1994, twenty-five 2016, fifty percent goal. 8 (2) If at any time the department determines that a planning 9 area has met or exceeded the twenty-five fifty percent goal, 10 but has not met or exceeded the fifty sixty percent goal, a 11 planning area shall subtract sixty cents from the total amount 12 of the tonnage fee imposed pursuant to section 455B.310 . If at 13 any time the department determines that a planning area has met 14 or exceeded the fifty sixty percent goal, a planning area shall 15 subtract fifty cents from the total amount of the tonnage fee 16 imposed pursuant to section 455B.310 . The reduction in tonnage 17 fees pursuant to this paragraph shall be taken from that 18 portion of the tonnage fees which would have been allocated for 19 funding alternatives to landfills pursuant to section 455E.11, 20 subsection 2 , paragraph “a” , subparagraph (1). 21 (3) If the department determines that a planning area 22 has failed to meet the July 1, 1994, twenty-five 2016, fifty 23 percent goal, the planning area shall, at a minimum, implement 24 the solid waste management techniques as listed in subsection 25 4 . Evidence of implementation of the solid waste management 26 techniques shall be documented in subsequent comprehensive 27 plans submitted to the department. 28 b. (1) By October 31, 2000 2021 , a planning area shall 29 submit to the department, a solid waste abatement table which 30 is updated through June 30, 2000 2021 . By April 1, 2001 2022 , 31 the department shall report to the general assembly on the 32 progress that has been made by each planning area on attainment 33 of the July 1, 2000, fifty 2021, sixty percent goal. 34 (2) If at any time the department determines that a planning 35 -13- LSB 1539XS (12) 84 tm/nh 13/ 18

S.F. 249 area has met or exceeded the fifty sixty percent goal, the 1 planning area shall subtract fifty cents from the total amount 2 of the tonnage fee imposed pursuant to section 455B.310 . This 3 amount shall be in addition to any amount subtracted pursuant 4 to paragraph “a” of this subsection . The reduction in tonnage 5 fees pursuant to this paragraph shall be taken from that 6 portion of the tonnage fees which would have been allocated to 7 funding alternatives to landfills pursuant to section 455E.11, 8 subsection 2 , paragraph “a” , subparagraph (1). Except for fees 9 required under subsection 4 , paragraph “a” , a planning area 10 failing to meet the fifty sixty percent goal is not required to 11 remit any additional tonnage fees to the department. 12 4. Solid waste management techniques. A planning area 13 that fails to meet the twenty-five fifty percent goal shall 14 implement the following solid waste management techniques: 15 a. Remit fifty cents per ton to the department, as of July 16 1, 1995. The funds shall be deposited in the solid waste 17 account under section 455E.11, subsection 2 , paragraph “a” , 18 to be used for funding alternatives to landfills pursuant to 19 section 455E.11, subsection 2 , paragraph “a” , subparagraph (1). 20 Moneys under this paragraph shall be remitted until such time 21 as evidence of attainment of the twenty-five fifty percent goal 22 is documented in subsequent comprehensive plans submitted to 23 the department. 24 b. Notify the public of the planning area’s failure to meet 25 the waste volume reduction goals of this section , utilizing 26 standard language developed by the department for that purpose. 27 c. Develop draft ordinances which shall be used by local 28 governments for establishing collection fees that are based 29 on volume or on the number of containers used for disposal by 30 residents. 31 d. Conduct an educational and promotional program to inform 32 citizens of the manner and benefits of reducing, reusing, and 33 recycling materials and the procurement of products made with 34 recycled content. The program shall include the following: 35 -14- LSB 1539XS (12) 84 tm/nh 14/ 18

S.F. 249 (1) Targeted waste reduction and recycling education for 1 residents, including multifamily dwelling complexes having five 2 or more units. 3 (2) An intensive one-day seminar for the commercial sector 4 regarding the benefits of and opportunities for waste reduction 5 and recycling. 6 (3) Promotion of recycling through targeted community and 7 media events. 8 (4) Recycling notification and education packets to all new 9 residential, commercial, and institutional collection service 10 customers that include, at a minimum, the manner of preparation 11 of materials for collection, and the reasons for separation of 12 materials for recycling. 13 5. Environmental management systems. A planning area 14 designated as an environmental management system pursuant to 15 section 455J.7 is exempt from the waste stream reduction goals 16 of this section . 17 6. By November 1 of each year, the department shall submit 18 a report to the governor and the general assembly regarding the 19 progress of planning areas in meeting the waste reduction goals 20 of this section. 21 DIVISION V 22 STATE MANDATE 23 Sec. 28. IMPLEMENTATION OF ACT. Section 25B.2, subsection 24 3, shall not apply to this Act. 25 EXPLANATION 26 This bill relates to recycling by repealing beverage 27 container control laws, creating universal recycling 28 requirements, increasing littering fines, changing waste 29 volume reduction goals, implementing a recycling fee, making 30 appropriations, and making penalties applicable. The bill is 31 organized by divisions. 32 BOTTLE BILL REPEAL. This division repeals Code chapter 455C 33 relating to the control of beverage containers, more commonly 34 known as the bottle bill. The division makes conforming 35 -15- LSB 1539XS (12) 84 tm/nh 15/ 18

S.F. 249 amendments. 1 UNIVERSAL RECYCLING. This division creates mandatory 2 recycling collection requirements called universal recycling. 3 Beginning July 1, 2012, the division requires cities, 4 counties, and public and private agencies responsible for 5 waste management to provide single stream recycling collection 6 services to all single-family residential customers and 7 source-separated recycling collection services to all dealers 8 providing on-premises sales. A dealer is a person who sells 9 beverages in beverage containers. Single stream recycling 10 is a system in which recyclable material is commingled for 11 collection into one container instead of being sorted into 12 separate commodities. Source-separated recycling is a system 13 in which recyclable material is segregated at the point 14 of generation and kept apart from the waste stream by the 15 generator of the recyclable material. 16 Beginning July 1, 2014, the division requires cities, 17 counties, and public and private agencies responsible for 18 waste management to provide single stream recycling collection 19 services to all multifamily residential customers. The 20 division allows a waiver from the requirements if the waiver 21 applicant can demonstrate physical constraints preventing the 22 placement of solid waste and recyclable material collection 23 containers at the same location. The division requires 24 annual recycling instruction to be provided to residents at a 25 multifamily residential complex. 26 By July 1, 2012, the division requires the department of 27 natural resources to submit a report to the governor and the 28 general assembly regarding the implementation of mandatory 29 recycling collection requirements for the commercial sector. 30 The recommendations must provide a method for engaging 31 the active participation of the commercial sector in a 32 comprehensive recycling program by not later than July 1, 2014. 33 The division requires cities and counties to include 34 compliance with the universal recycling requirements as part of 35 -16- LSB 1539XS (12) 84 tm/nh 16/ 18

S.F. 249 the solid waste comprehensive plans filed with the department. 1 Currently, a person who knowingly makes a false statement or 2 representation in a comprehensive plan is guilty of a serious 3 misdemeanor. 4 The division requires the department to establish and 5 administer a universal recycling assistance program for 6 purposes of providing financial assistance to cities, counties, 7 and public and private entities for the initial implementation 8 costs associated with the universal recycling requirements. 9 The division creates a universal recycling assistance fund and 10 appropriates moneys in the fund to the department for providing 11 financial assistance under the program. 12 The division requires a recycling fee of 4 cents to be 13 paid by the dealer to the distributor on each beverage 14 container received by the dealer. On a monthly basis and 15 in a manner determined by the department, the division 16 requires a distributor to remit all fees collected by the 17 distributor to the department for deposit in the universal 18 recycling assistance fund. The division includes a reporting 19 requirement. The fee is repealed June 30, 2015. For purposes 20 of the bill, the term “beverage” is defined to include wine, 21 alcoholic liquor, beer, and any nonalcoholic carbonated and 22 noncarbonated drink excluding grade “A” milk and milk products 23 specified in the grade “A” milk ordinance. The term also 24 includes certain exemptions. 25 The division creates a recycling public advisory board for 26 purposes of advising the department regarding recycling issues, 27 criteria for financial assistance under the universal recycling 28 assistance program, criteria for grants from the litter cleanup 29 grant fund, a methodology for measuring waste volume reduction, 30 and recycling outreach and education. 31 The division requires the environmental protection 32 commission to adopt rules necessary for the administration of 33 the division. 34 LITTERING FINES —— LITTER CLEANUP GRANTS. The division 35 -17- LSB 1539XS (12) 84 tm/nh 17/ 18

S.F. 249 increases the scheduled fines for littering and placing 1 debris on public highways from $70 to $150 and increases the 2 scheduled fine for littering in a state park or preserve from 3 $30 to $75. Currently, 50 percent of both scheduled fines 4 are deposited in the general fund and appropriated to the 5 department of transportation for purposes of litter cleanup. 6 The division provides that 100 percent of both scheduled fines 7 are to be deposited in the general fund, with 50 percent of the 8 moneys appropriated to the department of transportation for 9 litter cleanup and 50 percent appropriated to the department 10 of natural resources for deposit in the newly created litter 11 cleanup grant fund. The division creates a litter cleanup 12 grant fund to be administered by the department for purposes of 13 providing grants to nonprofit organizations for litter cleanup 14 activities in neighborhoods and along highways. 15 WASTE REDUCTION GOALS. Currently, waste stream reduction 16 goals for the state are to reduce the waste stream by 25 17 percent by July 1, 1994, and by 50 percent by July 1, 2000, 18 based on the waste stream existing as of July 1, 1988. The 19 tonnage fee paid by a planning area is, in part, determined by 20 the waste volume reduction goals that are met by the planning 21 area. 22 The division creates new waste volume reduction goals. The 23 goals are to reduce the waste stream by 50 percent by July 1, 24 2016, and by 60 percent by July 1, 2021, based on the waste 25 stream existing as of July 1, 2011. The division replaces the 26 old goal levels with the new goal levels in the computation of 27 the tonnage fees paid by planning areas. 28 STATE MANDATE. The bill may include a state mandate as 29 defined in Code section 25B.3. The division makes inapplicable 30 Code section 25B.2, subsection 3, which would relieve a 31 political subdivision from complying with a state mandate if 32 funding for the cost of the state mandate is not provided or 33 specified. Therefore, political subdivisions are required to 34 comply with any state mandate included in the bill. 35 -18- LSB 1539XS (12) 84 tm/nh 18/ 18