Senate
File
279
-
Introduced
SENATE
FILE
279
BY
KLIMESH
A
BILL
FOR
An
Act
prohibiting
glass
beverage
containers
on
certain
1
waters
of
the
state,
creating
a
waterway
easement
fund,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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279
Section
1.
NEW
SECTION
.
456A.39
Waterway
easement
fund.
1
A
waterway
easement
fund
is
created
in
the
state
treasury
2
under
the
control
of
the
department.
The
fund
shall
consist
3
of
moneys
transferred
to
the
fund
pursuant
to
section
461A.43A
4
and
any
other
moneys
appropriated
to
or
deposited
in
the
5
fund.
Moneys
in
the
fund
are
appropriated
to
the
department
6
for
the
purpose
of
issuing
grants
to
county
conservation
7
boards
and
county
boards
of
supervisors
to
purchase
access
8
easements
to
class
“A1”,
class
“A2”,
class
“A3”,
type
1
(class
9
“B(CW1)”),
and
type
1
(class
“B(WW-1)”)
waters,
as
designated
10
by
the
environmental
protection
commission
by
rule,
within
11
the
jurisdiction
of
the
county
conservation
board
or
county
12
board
of
supervisors.
Notwithstanding
section
8.33,
moneys
in
13
the
fund
that
remain
unencumbered
or
unobligated
at
the
close
14
of
a
fiscal
year
shall
not
revert
but
shall
remain
available
15
for
expenditure
for
the
purposes
designated.
Notwithstanding
16
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
in
17
the
fund
shall
be
credited
to
the
fund.
18
Sec.
2.
NEW
SECTION
.
461A.43A
Glass
beverage
containers
on
19
public
waters.
20
1.
A
person
shall
not
possess
a
glass
beverage
container,
21
as
defined
in
section
455C.1,
while
on
a
class
“A1”,
class
22
“A2”,
or
class
“A3”
water,
as
designated
by
the
environmental
23
protection
commission
by
rule.
A
person
who
violates
this
24
section
is
subject
to
a
civil
penalty
of
ninety
dollars.
The
25
department
shall
transfer
moneys
collected
under
this
section
26
to
the
treasurer
of
state,
who
shall
credit
the
moneys
to
the
27
waterway
easement
fund
established
in
section
456A.39.
28
2.
A
person
does
not
violate
this
section
if
the
person
29
is
in
possession
of
a
glass
beverage
container
or
other
glass
30
debris
that
the
person
has
removed
from
the
water
for
litter
31
removal
purposes.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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279
This
bill
prohibits
a
person
from
possessing
a
glass
1
beverage
container
while
on
a
class
“A1”,
class
“A2”,
or
class
2
“A3”
water,
as
designated
by
the
environmental
protection
3
commission
(EPC)
by
rule.
A
person
who
violates
the
bill
is
4
subject
to
a
civil
penalty
of
$90.
A
person
does
not
violate
5
the
bill
if
the
person
is
in
possession
of
a
glass
beverage
6
container
or
other
glass
debris
that
the
person
has
removed
7
from
the
water
for
litter
removal
purposes.
8
The
bill
establishes
a
waterway
easement
fund
in
the
state
9
treasury
under
the
control
of
the
department
of
natural
10
resources
(DNR).
The
fund
shall
consist
of
civil
penalties
11
collected
under
the
bill
and
any
other
moneys
appropriated
to
12
or
deposited
in
the
fund.
Moneys
in
the
fund
are
appropriated
13
to
DNR
for
the
purpose
of
issuing
grants
to
county
conservation
14
boards
and
county
boards
of
supervisors
to
purchase
access
15
easements
to
class
“A1”,
class
“A2”,
class
“A3”,
type
1
16
(class
“B(CW1)”),
and
type
1
(class
“B(WW-1)”)
waters,
as
17
designated
by
EPC
by
rule,
within
the
jurisdiction
of
the
18
county
conservation
board
or
county
board
of
supervisors.
19
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