Senate Study Bill 3060 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON DEARDEN) A BILL FOR An Act requiring the department of natural resources to 1 produce, and submit to the general assembly, a product 2 stewardship report. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5685XC (1) 84 tm/nh

S.F. _____ Section 1. NEW SECTION . 455B.861 Product stewardship —— 1 report. 2 1. By January 15 of each year, the department may submit 3 to the general assembly a report on products and product 4 categories that when generated as waste may be appropriately 5 managed under a product stewardship program. The report should 6 include proposed changes to the Code necessary to implement the 7 recommendations in the report. The report shall not consider 8 or include motor vehicles or watercraft. The department may 9 identify a product or product category as a candidate for a 10 product stewardship program if the department determines one or 11 more of the following criteria are met: 12 a. The product or product category is found to contain 13 toxics that pose the risk of an adverse impact to the 14 environment or public health and safety. 15 b. A product stewardship program for the product would 16 increase the recovery of materials for reuse and recycling. 17 c. A product stewardship program for the product would 18 reduce the costs of waste management to local governments. 19 d. Other states or countries have successfully collected and 20 processed similar products under product stewardship programs. 21 e. Existing voluntary product stewardship programs for the 22 product in the state are not effective in achieving solid waste 23 reduction. 24 2. At least thirty days prior to submitting the report to 25 the general assembly, the department shall conduct a public 26 hearing regarding the proposed report. The department shall 27 make the proposed report publicly available through the 28 internet at least one week prior to the date of the public 29 hearing. The department shall accept both written and oral 30 testimony regarding the proposed report and shall include 31 all testimony as part of the report submitted to the general 32 assembly. 33 3. For purposes of this section, unless the context 34 otherwise requires: 35 -1- LSB 5685XC (1) 84 tm/nh 1/ 2

S.F. _____ a. “Brand” means a name, symbol, word, or mark that 1 identifies a product, rather than its components, and 2 attributes the product to the owner of the brand. 3 b. “Producer” means a person that does any of the following: 4 (1) Has legal ownership of the brand of a product sold in 5 the state. 6 (2) Imports a product branded by a person that meets the 7 requirements of subparagraph (1) and has no physical presence 8 in the United States. 9 (3) Sells a product in the state at wholesale or retail, 10 does not have legal ownership of the brand of the product and 11 elects to fulfill the responsibilities of the producer for that 12 product. 13 c. “Product” means an item intended for sale within the 14 state. 15 d. “Product category” means a group of similar products. 16 e. “Product stewardship program” means a program financed 17 without a visible fee at purchase which is either managed or 18 provided by producers and includes but is not limited to the 19 collection, transportation, reuse, and recycling or disposal, 20 or both, of unwanted products. 21 f. “Unwanted product” means a product that has been 22 abandoned or discarded or is intended to be discarded by its 23 owner. 24 EXPLANATION 25 This bill allows the department of natural resources to 26 submit a product stewardship report to the general assembly by 27 January 15 of each year. The report is required to identify 28 products and product categories that when generated as waste 29 may be appropriately managed under a product stewardship 30 program. A product stewardship program is defined as a program 31 financed without a visible fee at purchase which is either 32 managed or provided by producers and includes but is not 33 limited to the collection, transportation, reuse, and recycling 34 or disposal, or both, of unwanted products. 35 -2- LSB 5685XC (1) 84 tm/nh 2/ 2