SF 279 (LSB 1784XS (2) 90)

SENATE FILE 279

BY  KLIMESH

A BILL FOR

An Act prohibiting glass beverage containers on certain waters of the state, creating a waterway easement fund, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  456A.39  Waterway easement fund.
   A waterway easement fund is created in the state treasury under the control of the department. The fund shall consist of moneys transferred to the fund pursuant to section 461A.43A and any other moneys appropriated to or deposited in the fund. Moneys in the fund are appropriated to the department for the purpose of issuing grants to county conservation boards and county boards of supervisors to purchase access easements to class “A1”, class “A2”, class “A3”, type 1 (class “B(CW1)”), and type 1 (class “B(WW-1)”) waters, as designated by the environmental protection commission by rule, within the jurisdiction of the county conservation board or county board of supervisors. Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.
    Sec. 2.  NEW SECTION.  461A.43A  Glass beverage containers on public waters.
   1.  A person shall not possess a glass beverage container, as defined in section 455C.1, while on a class “A1”, class “A2”, or class “A3” water, as designated by the environmental protection commission by rule. A person who violates this section is subject to a civil penalty of ninety dollars. The department shall transfer moneys collected under this section to the treasurer of state, who shall credit the moneys to the waterway easement fund established in section 456A.39.
   2.  A person does not violate this section if the person is in possession of a glass beverage container or other glass debris that the person has removed from the water for litter removal purposes.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a person from possessing a glass beverage container while on a class “A1”, class “A2”, or class “A3” water, as designated by the environmental protection commission (EPC) by rule. A person who violates the bill is subject to a civil penalty of $90. A person does not violate the bill if the person is in possession of a glass beverage container or other glass debris that the person has removed from the water for litter removal purposes.
   The bill establishes a waterway easement fund in the state treasury under the control of the department of natural resources (DNR). The fund shall consist of civil penalties collected under the bill and any other moneys appropriated to or deposited in the fund. Moneys in the fund are appropriated to DNR for the purpose of issuing grants to county conservation boards and county boards of supervisors to purchase access easements to class “A1”, class “A2”, class “A3”, type 1 (class “B(CW1)”), and type 1 (class “B(WW-1)”) waters, as designated by EPC by rule, within the jurisdiction of the county conservation board or county board of supervisors.