Bill Text: IA HSB508 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A study bill for requiring consumers to redeem beverage container deposits at redemption centers.

Spectrum: Unknown

Status: (Introduced - Dead) 2016-02-10 - 11:30AM; RM 102, Sup. Ct. Consult Environmental Protection. [HSB508 Detail]

Download: Iowa-2015-HSB508-Introduced.html

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House Study Bill 508 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE ON
ENVIRONMENTAL PROTECTION
BILL BY CHAIRPERSON JONES)
A BILL FOR
An Act requiring consumers to redeem beverage container
deposits at redemption centers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 455C.2, Code 2016, is amended to read as
follows:
455C.2 Refund values.
1. A refund value of not less than five cents shall be paid
by the consumer on each beverage container sold in this state
by a dealer for consumption off the premises. Upon return of
the empty beverage container upon which a refund value has been
paid to the dealer or person operating a redemption center
and acceptance of the empty beverage container by the dealer
or person operating a redemption center, the dealer or person
operating a redemption center shall return the amount of the
refund value to the consumer.
2. In addition to the refund value provided in subsection
1 of this section , a dealer, or person operating a redemption
center who redeems empty beverage containers or a dealer agent
shall be reimbursed by the distributor required to accept the
empty beverage containers an amount which is one cent per
container. A dealer, dealer agent , or person operating a
redemption center may compact empty metal beverage containers
with the approval of the distributor required to accept the
containers.
Sec. 2. Section 455C.3, subsection 1, Code 2016, is amended
by striking the subsection.
Sec. 3. Section 455C.3, subsection 2, Code 2016, is amended
to read as follows:
2. A distributor shall accept and pick up from a dealer
served by the distributor or a redemption center for a
dealer served by the distributor at least weekly, or when the
distributor delivers the beverage product if deliveries are
less frequent than weekly, any empty beverage container of the
kind, size and brand sold by the distributor, and shall pay to
the dealer or person operating a redemption center the refund
value of a beverage container and the reimbursement as provided
under section 455C.2 within one week following pickup of the
containers or when the dealer or redemption center normally
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pays the distributor for the deposit on beverage products
purchased from the distributor if less frequent than weekly.
A distributor or employee or agent of a distributor is not in
violation of this subsection if a redemption center is closed
when the distributor attempts to make a regular delivery or a
regular pickup of empty beverage containers. This subsection
does not apply to a distributor selling alcoholic liquor to the
alcoholic beverages division of the department of commerce.
Sec. 4. Section 455C.4, subsections 1, 2, and 3, Code 2016,
are amended to read as follows:
1. Except as provided in section 455C.5, subsection 3 , a
dealer, a person operating a redemption center, a distributor ,
or a manufacturer may refuse to accept any empty beverage
container which does not have stated on it a refund value as
provided under section 455C.2 .
2. A dealer may refuse to accept and to pay the refund value
of any empty beverage container if the place of business of the
dealer and the kind and brand of empty beverage containers are
included in an order of the department approving a redemption
center under section 455C.6 .
3. A dealer or a distributor may refuse to accept and to pay
the refund value of an empty wine or alcoholic liquor container
which is marked to indicate that it was sold by a state liquor
store. The alcoholic beverages division shall not reimburse
a dealer or a distributor the refund value on an empty wine or
alcoholic liquor container which is marked to indicate that the
container was sold by a state liquor store.
Sec. 5. Section 455C.7, Code 2016, is amended to read as
follows:
455C.7 Unapproved redemption centers.
Any person may establish a redemption center which has not
been approved by the department, at which a consumer may return
empty beverage containers and receive payment of the refund
value of the beverage containers. The establishment of an
unapproved redemption center shall not relieve any dealer from
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the responsibility of redeeming any empty beverage containers
of the kind and brand sold by the dealer.
Sec. 6. Section 455C.14, subsection 1, Code 2016, is amended
to read as follows:
1. If the refund value indication required under section
455C.5 on an empty nonrefillable metal beverage container
is readable but the redemption of the container is lawfully
refused by a dealer or person operating a redemption center
under other sections of this chapter or rules adopted pursuant
to these sections, the container shall be accepted and the
refund value paid to a consumer as provided in this section .
Each beer distributor selling nonrefillable metal beverage
containers in this state shall provide individually or
collectively by contract or agreement with a dealer, person
operating a redemption center or another person , at least
one facility in the county seat of each county where refused
empty nonrefillable metal beverage containers having a
readable refund value indication as required by this chapter
are accepted and redeemed. In cities having a population of
twenty-five thousand or more, the number of the facilities
provided shall be one for each twenty-five thousand population
or a fractional part of that population.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relieves dealers from the requirement that they
must accept the return of beverage containers from consumers
and return the container deposit to consumers. Thus, consumers
would be required to return beverage containers to redemption
centers to redeem the deposit.
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