H.F. 320 Section 1. Section 455B.183A, subsection 1, Code 2021, is 1 amended to read as follows: 2 1. A water quality protection fund is created in the 3 state treasury under the control of the department. The fund 4 consists of moneys appropriated to the fund by the general 5 assembly, moneys deposited into the fund from fees described 6 in subsection 2 , moneys deposited into the fund from fees 7 collected pursuant to sections 455B.187 and 455B.190A , moneys 8 deposited into the fund from fees and civil penalties collected 9 pursuant to section 455D.17, and other moneys available to and 10 obtained or accepted by the department from the United States 11 government or private sources for placement in the fund. The 12 fund is divided into the public water supply system account 13 and the private water supply system account. Moneys in the 14 public water supply system account are appropriated to the 15 department for purposes of carrying out the provisions of this 16 division , which relate to the administration, regulation, and 17 enforcement of the federal Safe Drinking Water Act, and to 18 support the program to assist supply systems, as provided in 19 section 455B.183B . Moneys in the private water supply system 20 account are appropriated to the department for the purpose of 21 supporting the programs established to protect private drinking 22 water supplies as provided in sections 455B.187 , 455B.188 , 23 455B.190 , and 455B.190A . 24 Sec. 2. NEW SECTION . 455D.17 Single-use plastic bags, 25 containers, and straws. 26 1. As used in this section: 27 a. “Carryout bag” means a bag made of plastic that is 28 provided by a retail establishment to a customer at the point 29 of sale and that is not a reusable grocery bag. “Carryout bag” 30 does not include any of the following: 31 (1) A bag provided by a pharmacy to a customer purchasing a 32 prescription medication. 33 (2) A bag without handles used to protect a purchased item 34 from damaging or contaminating other purchased items when 35 -1- LSB 2333YH (4) 89 js/ns 1/ 5

H.F. 320 placed in another bag. 1 (3) A bag provided to contain an unwrapped food item. 2 (4) A bag that is designed to be placed over an article of 3 clothing on a hanger. 4 b. “Consumer product” means any product that is regularly 5 used or purchased to be used for personal, family, household, 6 commercial, or industrial purposes. 7 c. Except when used in the context of a single-use plastic 8 straw, “container” means a bottle, can, jar, or carton composed 9 in whole or in part of plastic, designed to contain a consumer 10 product, and having a volume capacity of five thousand seven 11 hundred milliliters or less. “Container” includes a bottle, 12 can, jar, or carton that is made of biodegradable material. 13 d. “Food service establishment” means any place where food 14 that is intended for individual service and consumption is 15 routinely provided completely prepared, regardless of whether 16 consumption occurs on or off the premises and regardless 17 of whether there is a charge for the food. “Food service 18 establishment” does not mean a private home where food is 19 prepared for individual consumption. 20 e. “Manufacturer” means a person who does any of the 21 following: 22 (1) Manufactures a single-use carryout bag or a consumer 23 product in a single-use container for sale in this state under 24 its own brand or label or without affixing a brand name or 25 label. 26 (2) Sells in this state under its own brand or label a 27 single-use carryout bag or a consumer product in a single-use 28 container produced by another supplier. 29 (3) Owns a brand that it licenses to another person for 30 use on a single-use carryout bag or a consumer product in a 31 single-use container sold in this state. 32 (4) Imports into the United States for sale in this state a 33 single-use carryout bag or a consumer product in a single-use 34 container manufactured by a person without a presence in the 35 -2- LSB 2333YH (4) 89 js/ns 2/ 5

H.F. 320 United States. 1 f. “Plastic” means a synthetic material made from organic 2 polymers that can be molded into a shape while soft and then 3 set into a rigid or slightly elastic form. 4 g. “Reusable grocery bag” means a bag that is provided by 5 a retail establishment to a customer at the point of sale and 6 that satisfies all of the following: 7 (1) The bag has a handle and is designed for at least one 8 hundred twenty-five uses. 9 (2) The bag has a volume capacity of at least fifteen 10 liters. 11 (3) The bag is machine washable or made from a material that 12 can be cleaned and disinfected. 13 (4) The bag has printed on the bag, or on a tag attached to 14 the bag that is not intended to be removed, in a manner visible 15 to the customer all of the following information: 16 (a) The name of the manufacturer. 17 (b) The country where the bag was manufactured. 18 (c) A statement that the bag is a reusable bag and designed 19 for at least one hundred twenty-five uses. 20 (d) If the bag is eligible for recycling in this state, a 21 statement that the bag is recyclable, provided the statement 22 complies with 16 C.F.R. §260.12. 23 h. “Single-use” means the intention that a consumer product 24 is to be used only once with the general recognition by the 25 public that such item be discarded after one use. 26 i. “Single-use plastic straw” means a single-use tube made 27 of plastic that is used to transfer liquid from a container to 28 the mouth of a person drinking the liquid. 29 2. The department shall charge a manufacturer a fee of five 30 cents on each single-use carryout bag or single-use container 31 sold in this state. The department shall deposit the fees 32 collected on a monthly basis in the water quality protection 33 fund created in section 455B.183A. 34 3. Each manufacturer shall keep a record of all single-use 35 -3- LSB 2333YH (4) 89 js/ns 3/ 5

H.F. 320 carryout bags or single-use containers sold in or sold into 1 this state. Records shall be available at all times for 2 inspection by the department. 3 4. A food service establishment shall not offer, provide, 4 distribute, or sell a single-use plastic straw to a consumer 5 unless requested by the consumer. A food service establishment 6 that violates this subsection shall be subject to a civil 7 penalty imposed by the department of not more than fifty 8 dollars for each day the food service establishment remains in 9 violation. The food service establishment shall be subject 10 to a civil penalty imposed by the department of one hundred 11 dollars for each day a subsequent violation occurs. The 12 department shall deposit the civil penalties collected on a 13 monthly basis in the water quality protection fund created in 14 section 455B.183A. 15 Sec. 3. EFFECTIVE DATE. This Act takes effect January 1, 16 2022. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to single-use plastic bags, containers, 21 and straws. 22 The bill defines “carryout bag”, “consumer product”, 23 “container”, “food service establishment”, “manufacturer”, 24 “plastic”, “reusable grocery bag”, “single-use”, and 25 “single-use plastic straw”. The bill requires the department 26 of natural resources to collect from manufacturers a fee of 5 27 cents for every single-use plastic bag or single-use container 28 sold in or sold into the state. The department shall deposit 29 fees collected into the water quality protection fund. The 30 bill requires each manufacturer to keep a record of all 31 single-use carryout bags or single-use containers sold in or 32 sold into this state and to make records available at all times 33 for inspection by the department. 34 The bill prohibits a food service establishment from 35 -4- LSB 2333YH (4) 89 js/ns 4/ 5

H.F. 320 offering, providing, distributing, or selling a single-use 1 plastic straw to a consumer unless requested by the consumer. 2 A food service establishment that offers, provides, 3 distributes, or sells a single-use plastic straw in violation 4 of the bill shall be subject to a civil penalty imposed by 5 the department of not more than $50 for each day the food 6 service establishment remains in violation. The food service 7 establishment shall be subject to a civil penalty imposed by 8 the department of $100 for each day a subsequent violation 9 occurs. The department shall deposit civil penalties collected 10 in the water quality protection fund. 11 The director of the department of natural resources may 12 issue a compliance order against a person who violates the 13 bill. A person against whom a compliance order is issued may 14 initiate a contested case pursuant to Code chapter 17A. Upon 15 request of the department, the attorney general shall institute 16 any legal proceedings necessary to obtain compliance with an 17 order of the commission or the director, including proceedings 18 for a temporary injunction, or prosecuting any person for 19 a violation of an order of the environmental protection 20 commission or the director or the provisions of the bill or 21 rules adopted pursuant to the bill. 22 The bill takes effect January 1, 2022. 23 -5- LSB 2333YH (4) 89 js/ns 5/ 5