SENATE FILE 249

BY  JOCHUM

A BILL FOR

An Act relating to recycling by repealing beverage container control laws, creating universal recycling requirements, increasing littering fines, changing waste volume reduction goals, implementing a recycling fee, making appropriations, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

BOTTLE BILL REPEAL
   Section 1.  Section 123.24, subsection 5, Code 2011, is amended to read as follows:
   5.  Notwithstanding subsection 4, the division shall assess a bottle surcharge to be included in the price of alcoholic liquor in an amount sufficient, when added to the amount not refunded to class “E” liquor control licensees pursuant to section 455C.2, to pay the costs incurred by the division for collecting and properly disposing of the liquor containers. The amount collected pursuant to this subsection, in addition to any amounts not refunded to class “E” liquor control licensees pursuant to section 455C.2, shall be deposited in the beer and liquor control fund established under section 123.53.
   Sec. 2.  Section 123.26, Code 2011, is amended to read as follows:
   123.26  Restrictions on sales —— seals —— labeling.
   Alcoholic liquor shall not be sold by a class “E” liquor control licensee except in a sealed container with identifying markers as prescribed by the administrator and affixed in the manner prescribed by the administrator, and no such container shall be opened upon the premises of a state warehouse. The division shall cooperate with the department of natural resources so that only one identifying marker or mark is needed to satisfy the requirements of this section and section 455C.5, subsection 1. Possession of alcoholic liquors which do not carry the prescribed identifying markers is a violation of this chapter except as provided in section 123.22.
   Sec. 3.  Section 123.187, subsection 4, paragraph b, Code 2011, is amended by striking the paragraph.
   Sec. 4.  Section 423.6, subsection 3, paragraph a, Code 2011, is amended to read as follows:
   a.  Any tangible personal property including containers which it is intended shall, by means of fabrication, compounding, manufacturing, or germination, become an integral part of other tangible personal property intended to be sold ultimately at retail, and containers used in the collection, recovery, or return of empty beverage containers subject to chapter 455C.
   Sec. 5.  Section 455A.4, subsection 1, paragraph b, Code 2011, is amended to read as follows:
   b.  Provide overall supervision, direction, and coordination of functions to be administered by the administrators under chapters 321G, 321I, 455B,455C, 456, 456A, 456B, 457A, 458A, 459, 459A, 459B, 461A, 462A, 462B, 464A, 465C, 473, 481A, 481B, 483A, 484A, and 484B.
   Sec. 6.  Section 455A.6, subsection 6, paragraphs a, b, and d, Code 2011, are amended to read as follows:
   a.  Establish policy for the department and adopt rules, pursuant to chapter 17A, necessary to provide for the effective administration of chapter 455B, 455C, or 459.
   b.  Hear appeals in contested cases pursuant to chapter 17A on matters relating to actions taken by the director under chapter 455C, 458A, 464B, or 473.
   d.  Approve the budget request prepared by the director for the programs authorized by chapters 455B,455C, 455E, 455F, 455H, and 459, subchapters II and III. The commission shall approve the budget request prepared by the director for programs subject to the rulemaking authority of the commission. The commission may increase, decrease, or strike any item within the department budget request for the specified programs before granting approval.
   Sec. 7.  Section 455B.313, subsection 1, Code 2011, is amended to read as follows:
   1.  A distributoras defined in section 455C.1, subsection 9, shall not sell or offer to sell any beverage container if the beverage container is connected to another beverage container by a device constructed of a material which is not biodegradable or photodegradable.  For purposes of this section,“distributor” means any person who engages in the sale of beverages in beverage containers to a dealer in this state, including any manufacturer who engages in such sales.
   Sec. 8.  REPEAL.  Chapter 455C, Code 2011, is repealed.

DIVISION II

UNIVERSAL RECYCLING
   Sec. 9.  Section 455B.301, subsections 3 and 4, Code 2011, are amended by striking the subsections and inserting in lieu thereof the following:
   3.  “Beverage” includes but is not limited to wine, alcoholic liquor, and beer, all as defined in section 123.3, and any nonalcoholic carbonated or noncarbonated drinks, excluding grade “A” milk and milk products as specified in the grade “A” pasteurized milk ordinance, as provided in section 192.102, in liquid form and intended for human consumption. “Beverage” does not include any of the following:
   a.  A liquid that is any of the following:
   (1)  A syrup.
   (2)  In a concentrated form.
   (3)  Typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments.
   b.  A liquid that is ingested in very small quantities and consumed for medicinal purposes only.
   c.  A liquid that is designated and consumed only as a nutritional supplement, as defined by the department, and not as a beverage.
   d.  Products frozen at the time of sale to the consumer, or, in the case of institutional users such as hospitals and nursing homes, at a time of sale to such users.
   e.  Products designed to be consumed in a frozen state.
   f.  Instant drink powders.
   g.  Seafood, meat, or vegetable broths or soups but not juices.
   h.  Farm-produced apple cider that has not been heated, pasteurized, or otherwise processed.
   i.  Infant formula.
   4.  “Beverage container” means any bottle, can, jar, or other container made of glass, metal, or plastic containing a beverage which has been sealed by a manufacturer. “Beverage container” for noncarbonated drinks, excluding alcoholic liquor, wine, and fruit juices and drinks, includes only those containers with a maximum capacity of not more than two liters and not less than one hundred forty-seven milliliters. “Beverage containers” made of high-density polyethylene for fruit juices and drinks includes only those containers with a maximum capacity of less than one-half gallon.
   Sec. 10.  Section 455B.301, Code 2011, is amended by adding the following new subsections:
   NEW SUBSECTION.  4A.  “Beverage manufacturer” means a person who bottles, cans, or otherwise fills beverage containers for sale to distributors or dealers.
   NEW SUBSECTION.  7A.  “Dealer” means a person who engages in the sale of beverages in beverage containers to a consumer.
   NEW SUBSECTION.  8A.  “Distributor” means a person who engages in the sale of beverages in beverage containers to a dealer in this state, including a beverage manufacturer who engages in such sales.
   NEW SUBSECTION.  13A.  “On-premises sale” means a sales transaction in which a beverage in a beverage container is purchased by a consumer for immediate consumption within the area under the control of the dealer.
   NEW SUBSECTION.  18A.  “Recyclable material” means any material or group of materials that can be collected and sold or used for recycling purposes. Beginning July 1, 2016, “recyclable material” shall include all organic waste.
   NEW SUBSECTION.  22A.  “Single stream recycling” means a system in which recyclable material is commingled for collection into one container instead of being sorted into separate commodities.
   NEW SUBSECTION.  23A.  “Source-separated recycling” means a system in which recyclable material is segregated at the point of generation and kept apart from the waste stream by the generator of the recyclable material for purposes of collection and recycling.
   Sec. 11.  Section 455B.304, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  20.  The commission shall adopt rules necessary for the administration of sections 455B.321 through 455B.324.
   Sec. 12.  Section 455B.306, subsection 1, paragraph a, Code 2011, is amended to read as follows:
   a.  All cities and counties shall also file with the director a comprehensive plan detailing the method by which the city or county will comply with the requirements of section 455B.302 to establish and implement a comprehensive solid waste reduction program for its residents and with the requirements of section 455B.321.
   Sec. 13.  Section 455B.306, subsection 5, paragraph a, Code 2011, is amended to read as follows:
   a.  The extent to which solid waste is or can be recycled through compliance with the requirements of section 455B.321 as well as any other method.
   Sec. 14.  Section 455B.306, subsection 6, Code 2011, is amended to read as follows:
   6.  The comprehensive plan shall provide details of a local recycling program which shall contain a methodology for meeting the state volume reduction goal pursuant to section 455D.3, and a methodology for implementing a program of separation of wastes including but not limited to glass, plastic, paper, and metal compliance with the requirements of section 455B.321.
   Sec. 15.  NEW SECTION.  455B.321  Universal recycling.
   1.  Beginning July 1, 2012, cities, counties, and public and private agencies responsible for waste management shall provide all of the following services:
   a.  Single stream recycling collection services to all single-family residential customers, including the delivery of a container for the purpose of storage and collection of recyclable material that is adequately sized for the customers to use so that recycling is encouraged and disposal of recyclable material is discouraged. The collection services required under this paragraph shall be provided at a frequency of not less than once every other week.
   b.  Source-separated recycling collection services to all dealers providing on-premises sales, including the delivery of a container for recyclable material that is adequately sized for the premises being served. The collection services required under this paragraph shall be provided at a frequency that shall preclude the recycling containers from overflowing and otherwise causing a nuisance.
   2.
  a.  Beginning July 1, 2014, cities, counties, and public and private agencies responsible for waste management shall provide single stream recycling collection services to all multifamily residential customers, including providing the multifamily residential complex with an appropriately sized and centrally located recyclable material collection container for the complex being served which is in the same vicinity as the complex’s waste disposal containers. The collection services required under this subsection shall be provided at a frequency that shall preclude the recycling containers from overflowing and otherwise causing a nuisance.
   b.  The director may approve a waiver from the requirements of paragraph“a” if the waiver applicant can demonstrate physical constraints preventing the placement of solid waste and recyclable material collection containers at the same location.
   c.  Owners of a multifamily residential complex shall, at least once per calendar year, provide residents of the complex with instructions on participating in the complex’s recycling program.
   3.  By July 1, 2012, the department shall submit a report to the governor and the general assembly regarding the implementation of mandatory recycling collection requirements for the commercial sector. The recommendations shall provide a method for engaging the active participation of the commercial sector in a comprehensive recycling program by not later than July 1, 2014.
   4.  A person engaging in the collection, transportation, processing, or marketing of recyclable materials from source-separated recycling shall conduct such activities in a manner that recyclable materials enter the marketplace and are not otherwise disposed at a landfill or by incineration.
   Sec. 16.  NEW SECTION.  455B.322  Universal recycling assistance program.
   The department shall establish and administer a universal recycling assistance program for purposes of providing financial assistance to cities, counties, and public and private entities for the initial implementation costs associated with the requirements of section 455B.321. Financial assistance shall take the form of grants and low interest loans.
   Sec. 17.  NEW SECTION.  455B.323  Universal recycling assistance fund.
   1.  A universal recycling assistance fund is created in the state treasury under the control of the department consisting of moneys deposited in the fund pursuant to section 455B.324, moneys appropriated by the general assembly, and any other money available to and obtained or accepted by the department for placement in the fund.
   2.  Payments of interest, repayments of moneys loaned pursuant to this section, and recaptures of loans shall be deposited in the fund.
   3.  Moneys in the fund are appropriated to the department for purposes of providing financial assistance under the universal recycling assistance program pursuant to section 455B.322.
   4.  Moneys credited to the fund are not subject to section 8.33. Notwithstanding section 12C.7, interest or earnings on moneys in the fund shall be credited to the fund.
   Sec. 18.  NEW SECTION.  455B.324  Recycling fee —— future repeal.
   1.  A recycling fee of four cents shall be paid by a dealer to the distributor on each beverage container received by the dealer. On a monthly basis and in a manner determined by the department, a distributor shall remit all such fees collected by the distributor to the department for deposit in the universal recycling assistance fund created in section 455B.323. The remitted fees shall be accompanied by a report verifying the units sold during the previous month as well as any other information required by the department.
   2.  This section is repealed June 30, 2015.
   Sec. 19.  NEW SECTION.  455B.325  Recycling public advisory council.
   1.  A recycling public advisory council is established within the department. The department shall provide the council with staff and administrative support. The council shall consist of all of the following members:
   a.  The director of the department of natural resources, or the director’s designee, who shall serve as the chairperson of the council.
   b.  One member representing county government.
   c.  One member representing city government.
   d.  One member representing the recycling industry.
   e.  One member representing the waste hauling industry.
   f.  One member representing the soft drink industry.
   g.  One member representing the alcoholic beverage industry.
   h.  One member representing a local chamber of commerce.
   i.  One member representing the restaurant industry.
   j.  One member representing the food industry.
   k.  Five members of the general public.
   2.  Except for the member named pursuant to subsection 1, paragraph “a”, all members of the council shall be appointed by the governor and shall serve three-year staggered terms with the initial staggering of the terms to be determined by the governor. A member shall not serve more than two consecutive terms. Vacancies shall be filled for the remainder of the original appointment. The appointments shall coordinated to meet the requirements of sections 69.16 and 69.16A.
   3.  The council shall advise the department regarding all of the following issues:
   a.  Recycling issues.
   b.  Criteria for financial assistance under the universal recycling assistance program pursuant to section 455B.322.
   c.  Criteria for grants from the litter cleanup grant fund created in section 455B.326.
   d.  A methodology for measuring waste volume reduction.
   e.  Recycling outreach and education.

DIVISION III

LITTERING FINES —— LITTER CLEANUP GRANTS
   Sec. 20.  NEW SECTION.  455B.326  Litter cleanup grant fund.
   1.  A litter cleanup grant fund is created in the state treasury under the control of the department consisting of moneys deposited in the fund pursuant to section 602.8108, subsection 9, moneys appropriated by the general assembly, and any other money available to and obtained or accepted by the department for placement in the fund.
   2.  Moneys in the fund are appropriated to the department for purposes of providing grants to nonprofit organizations for litter cleanup activities in neighborhoods and along highways.
   3.  Moneys credited to the fund are not subject to section 8.33. Notwithstanding section 12C.7, interest or earnings on moneys in the fund shall be credited to the fund.
   Sec. 21.  Section 602.8108, subsection 9, Code 2011, is amended to read as follows:
   9.  The state court administrator shall allocate fifty one hundred percent of all of the fines attributable to littering citations issued pursuant to sections 321.369, 321.370, and 461A.43 to the treasurer of state for deposit in the general fund of the state and. Fifty percent of such moneys are appropriated to thestate department of transportation for purposes of the cleanup of litter and illegally discarded solid waste and fifty percent of such moneys are appropriated to the department of natural resources for deposit in the litter cleanup grant fund created in section 455B.326.
   Sec. 22.  Section 805.8A, subsection 14, paragraph d, Code 2011, is amended to read as follows:
   d.  Litter and debris violations.  For violations under sections 321.369 and 321.370, the scheduled fine is seventy one hundred fifty dollars.
   Sec. 23.  Section 805.8B, subsection 6, paragraph e, Code 2011, is amended to read as follows:
   e.  For violations under section 461A.43, the scheduled fine is thirty seventy-five dollars.

DIVISION IV

WASTE REDUCTION GOALS
   Sec. 24.  Section 455B.310, subsection 4, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   If a planning area achieves the fifty sixty percent waste reduction goal provided in section 455D.3, ninety-five cents of the tonnage fee shall be retained by a city, county, or public or private agency. If the fifty sixty percent waste reduction goal has not been met, one dollar and twenty cents of the tonnage fee shall be retained by a city, county, or public or private agency. Moneys retained by a city, county, or public or private agency shall be used as follows:
   Sec. 25.  Section 455B.310, subsection 4, paragraph b, Code 2011, is amended to read as follows:
   b.  If a planning area achieves the fifty sixty percent waste reduction goal provided in section 455D.3, forty-five cents of the retained funds shall be used for implementing waste volume reduction and recycling requirements of comprehensive plans filed under section 455B.306. If the fifty sixty percent waste reduction goal has not been met, seventy cents of the retained funds shall be used for implementing waste volume reduction and recycling requirements of comprehensive plans filed under section 455B.306. The funds shall be distributed to a city, county, or public agency served by the sanitary disposal project. Fees collected by a private agency which provides for the final disposal of solid waste shall be remitted to the city, county, or public agency served by the sanitary disposal project. However, if a private agency is designated to develop and implement the comprehensive plan pursuant to section 455B.306, fees under this paragraph shall be retained by the private agency.
   Sec. 26.  Section 455B.310, subsection 7, Code 2011, is amended to read as follows:
   7.  Fees imposed by this section shall be paid to the department on a quarterly basis with payment due by no more than ninety days following the quarter during which the fees were collected. The payment shall be accompanied by a return which shall identify the amount of fees to be allocated to the landfill alternative financial assistance program, the amount of fees, in terms of cents per ton, retained for meeting waste reduction and recycling goals under section 455D.3, and additional fees imposed for failure to meet the twenty-five fifty percent waste reduction and recycling goal under section 455D.3. Sanitary landfills serving more than one planning area shall submit separate reports for each planning area.
   Sec. 27.  Section 455D.3, Code 2011, is amended to read as follows:
   455D.3  Goals for waste stream reduction —— procedures —— reductions and increases in fees.
   1.  Year 1994 2016 and 2000 2021 goals.
   a.  The goal of the state is to reduce the amount of materials in the waste stream, existing as of July 1, 1988 2011, twenty-five fifty percent by July 1, 1994 2016, and fifty sixty percent by July 1, 2000 2021, through the practice of waste volume reduction at the source and through recycling. For the purposes of this section,“waste stream” means the disposal of solid waste as“solid waste” is defined in section 455B.301.
   b.  Notwithstanding section 455D.1, subsection 6, facilities which employ combustion of solid waste with energy recovery and refuse-derived fuel, which are included in an approved comprehensive plan, may include these processes in the definition of recycling for the purpose of meeting the state goal if at least thirty-five percent of the waste reduction goal, required to be met by July 1, 2000 2021, pursuant to this section, is met through volume reduction at the source and recycling and reuse, as established pursuant to section 455B.301A, subsection 1, paragraphs“a” and “b”.
   2.  Projected waste stream —— year 2000 2021.  A planning area may request the department to allow the planning area to project the planning area’s waste stream for the year 2000 2021 for purposes of meeting the year 2000 fifty 2021 sixty percent waste volume reduction and recycling goals required by this section. The department shall make a determination of the eligibility to use this option based upon the annual tonnage of solid waste processed by the planning area and the population density of the area the planning area serves. If the department agrees to allow the planning area to make year 2000 2021 waste stream projections, the planning area shall calculate the year 2000 2021 projections and submit the projections to the department for approval. The planning area shall use data which is current as of July 1, 1994 2011, and shall take into account population, employment, and industrial changes and documented diversions due to existing programs. The planning area shall use the departmental methodology to calculate the tonnage necessary to be diverted from landfills in order to meet the year 2000 fifty 2021 sixty percent waste volume reduction and recycling goals required by this section. Once the department approves the year 2000 2021 projections, the projections shall not be changed prior to the year 2001 2022.
   3.  Departmental monitoring.
   a.
  (1)  By October 31, 1994 2016, a planning area shall submit to the department a solid waste abatement table which is updated through June 30, 1994 2016. By April 1, 1995 2017, the department shall report to the general assembly on the progress that has been made by each planning area on attainment of the July 1, 1994, twenty-five 2016, fifty percent goal.
   (2)  If at any time the department determines that a planning area has met or exceeded the twenty-five fifty percent goal, but has not met or exceeded the fifty sixty percent goal, a planning area shall subtract sixty cents from the total amount of the tonnage fee imposed pursuant to section 455B.310. If at any time the department determines that a planning area has met or exceeded the fifty sixty percent goal, a planning area shall subtract fifty cents from the total amount of the tonnage fee imposed pursuant to section 455B.310. The reduction in tonnage fees pursuant to this paragraph shall be taken from that portion of the tonnage fees which would have been allocated for funding alternatives to landfills pursuant to section 455E.11, subsection 2, paragraph “a”, subparagraph (1).
   (3)  If the department determines that a planning area has failed to meet the July 1, 1994, twenty-five 2016, fifty percent goal, the planning area shall, at a minimum, implement the solid waste management techniques as listed in subsection 4. Evidence of implementation of the solid waste management techniques shall be documented in subsequent comprehensive plans submitted to the department.
   b.
  (1)  By October 31, 2000 2021, a planning area shall submit to the department, a solid waste abatement table which is updated through June 30, 2000 2021. By April 1, 2001 2022, the department shall report to the general assembly on the progress that has been made by each planning area on attainment of the July 1, 2000, fifty 2021, sixty percent goal.
   (2)  If at any time the department determines that a planning area has met or exceeded the fifty sixty percent goal, the planning area shall subtract fifty cents from the total amount of the tonnage fee imposed pursuant to section 455B.310. This amount shall be in addition to any amount subtracted pursuant to paragraph“a” of this subsection. The reduction in tonnage fees pursuant to this paragraph shall be taken from that portion of the tonnage fees which would have been allocated to funding alternatives to landfills pursuant to section 455E.11, subsection 2, paragraph “a”, subparagraph (1). Except for fees required under subsection 4, paragraph “a”, a planning area failing to meet the fifty sixty percent goal is not required to remit any additional tonnage fees to the department.
   4.  Solid waste management techniques.  A planning area that fails to meet the twenty-five fifty percent goal shall implement the following solid waste management techniques:
   a.  Remit fifty cents per ton to the department, as of July 1, 1995. The funds shall be deposited in the solid waste account under section 455E.11, subsection 2, paragraph “a”, to be used for funding alternatives to landfills pursuant to section 455E.11, subsection 2, paragraph “a”, subparagraph (1). Moneys under this paragraph shall be remitted until such time as evidence of attainment of the twenty-five fifty percent goal is documented in subsequent comprehensive plans submitted to the department.
   b.  Notify the public of the planning area’s failure to meet the waste volume reduction goals of this section, utilizing standard language developed by the department for that purpose.
   c.  Develop draft ordinances which shall be used by local governments for establishing collection fees that are based on volume or on the number of containers used for disposal by residents.
   d.  Conduct an educational and promotional program to inform citizens of the manner and benefits of reducing, reusing, and recycling materials and the procurement of products made with recycled content. The program shall include the following:
   (1)  Targeted waste reduction and recycling education for residents, including multifamily dwelling complexes having five or more units.
   (2)  An intensive one-day seminar for the commercial sector regarding the benefits of and opportunities for waste reduction and recycling.
   (3)  Promotion of recycling through targeted community and media events.
   (4)  Recycling notification and education packets to all new residential, commercial, and institutional collection service customers that include, at a minimum, the manner of preparation of materials for collection, and the reasons for separation of materials for recycling.
   5.  Environmental management systems.  A planning area designated as an environmental management system pursuant to section 455J.7 is exempt from the waste stream reduction goals of this section.
   6.  By November 1 of each year, the department shall submit a report to the governor and the general assembly regarding the progress of planning areas in meeting the waste reduction goals of this section.

DIVISION V

STATE MANDATE
   Sec. 28.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
EXPLANATION
   This bill relates to recycling by repealing beverage container control laws, creating universal recycling requirements, increasing littering fines, changing waste volume reduction goals, implementing a recycling fee, making appropriations, and making penalties applicable. The bill is organized by divisions.
   BOTTLE BILL REPEAL. This division repeals Code chapter 455C relating to the control of beverage containers, more commonly known as the bottle bill. The division makes conforming amendments.
   UNIVERSAL RECYCLING. This division creates mandatory recycling collection requirements called universal recycling.
   Beginning July 1, 2012, the division requires cities, counties, and public and private agencies responsible for waste management to provide single stream recycling collection services to all single-family residential customers and source-separated recycling collection services to all dealers providing on-premises sales. A dealer is a person who sells beverages in beverage containers. Single stream recycling is a system in which recyclable material is commingled for collection into one container instead of being sorted into separate commodities. Source-separated recycling is a system in which recyclable material is segregated at the point of generation and kept apart from the waste stream by the generator of the recyclable material.
   Beginning July 1, 2014, the division requires cities, counties, and public and private agencies responsible for waste management to provide single stream recycling collection services to all multifamily residential customers. The division allows a waiver from the requirements if the waiver applicant can demonstrate physical constraints preventing the placement of solid waste and recyclable material collection containers at the same location. The division requires annual recycling instruction to be provided to residents at a multifamily residential complex.
   By July 1, 2012, the division requires the department of natural resources to submit a report to the governor and the general assembly regarding the implementation of mandatory recycling collection requirements for the commercial sector. The recommendations must provide a method for engaging the active participation of the commercial sector in a comprehensive recycling program by not later than July 1, 2014.
   The division requires cities and counties to include compliance with the universal recycling requirements as part of the solid waste comprehensive plans filed with the department. Currently, a person who knowingly makes a false statement or representation in a comprehensive plan is guilty of a serious misdemeanor.
   The division requires the department to establish and administer a universal recycling assistance program for purposes of providing financial assistance to cities, counties, and public and private entities for the initial implementation costs associated with the universal recycling requirements. The division creates a universal recycling assistance fund and appropriates moneys in the fund to the department for providing financial assistance under the program.
   The division requires a recycling fee of 4 cents to be paid by the dealer to the distributor on each beverage container received by the dealer. On a monthly basis and in a manner determined by the department, the division requires a distributor to remit all fees collected by the distributor to the department for deposit in the universal recycling assistance fund. The division includes a reporting requirement. The fee is repealed June 30, 2015. For purposes of the bill, the term “beverage” is defined to include wine, alcoholic liquor, beer, and any nonalcoholic carbonated and noncarbonated drink excluding grade “A” milk and milk products specified in the grade “A” milk ordinance. The term also includes certain exemptions.
   The division creates a recycling public advisory board for purposes of advising the department regarding recycling issues, criteria for financial assistance under the universal recycling assistance program, criteria for grants from the litter cleanup grant fund, a methodology for measuring waste volume reduction, and recycling outreach and education.
   The division requires the environmental protection commission to adopt rules necessary for the administration of the division.
   LITTERING FINES —— LITTER CLEANUP GRANTS. The division increases the scheduled fines for littering and placing debris on public highways from $70 to $150 and increases the scheduled fine for littering in a state park or preserve from $30 to $75. Currently, 50 percent of both scheduled fines are deposited in the general fund and appropriated to the department of transportation for purposes of litter cleanup. The division provides that 100 percent of both scheduled fines are to be deposited in the general fund, with 50 percent of the moneys appropriated to the department of transportation for litter cleanup and 50 percent appropriated to the department of natural resources for deposit in the newly created litter cleanup grant fund. The division creates a litter cleanup grant fund to be administered by the department for purposes of providing grants to nonprofit organizations for litter cleanup activities in neighborhoods and along highways.
   WASTE REDUCTION GOALS. Currently, waste stream reduction goals for the state are to reduce the waste stream by 25 percent by July 1, 1994, and by 50 percent by July 1, 2000, based on the waste stream existing as of July 1, 1988. The tonnage fee paid by a planning area is, in part, determined by the waste volume reduction goals that are met by the planning area.
   The division creates new waste volume reduction goals. The goals are to reduce the waste stream by 50 percent by July 1, 2016, and by 60 percent by July 1, 2021, based on the waste stream existing as of July 1, 2011. The division replaces the old goal levels with the new goal levels in the computation of the tonnage fees paid by planning areas.
   STATE MANDATE. The bill may include a state mandate as defined in Code section 25B.3. The division makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.