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Legislative Update

Filed under "ISOSWO/SWANA"
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Thursday, April 4, 2019

Legislative Update 4/4

Bottle Bill Moves Bill Forward

A Senate Ways and Means subcommittee has given its approval to a major update to the state’s bottle and can redemption law. The bill, Senate File 520, would double the current handling fee to 2-cents per container and allows retailers to opt in or out of accepting bottles and cans for redemption.

The subcommittee approved an amendment to the bill that would require a redemption center to be located within 10-miles of a business (grocery store, etc.) that seeks to no longer accept bottles and cans for redemption.

No word yet on when the full Senate Ways and Means Committee will consider SF 520.

Second Procedural Hurdle Comes Next Friday

The so-called “second funnel,” the final procedural hurdle for all non-money bills arrives this Friday, April 5. This is date by which Senate files need to be approved by at least one committee in the House and House filed need to be approved by at least one Senate committee to remain eligible for further consideration this legislative session. Ways and Means, Appropriations and Government Oversight committee bills are not governed by the “funnel” rules.

Pyrolysis and Gasification Plant Bill Heads to Governor

The House gave its go-ahead to Senate File 534 last Thursday, a bill to classify gasification and pyrolysis plants as non-solid waste facilities, thus exempting them from all solid waste rules and regulations. The bill now heads to Governor Reynolds for her signature.

Bills of Interest:

SF 534 (formerly SSB 1194) - Gasification Plants (A) - The bill creates definitions for the processes of gasification and pyrolysis, the facilities where those processes take place and the materials used in those processes.

Passed the Senate 45-3. Approved by the House 90-6.

SF 520 (formerly SF 59) - Handling Fee Increase (M) - Under this bill, a consumer must return an empty beverage container to a redemption center if the consumer seeks to redeem a refund value paid for the beverage container. Additionally, the handling fee paid by a distributor is increased to 2 cents for each empty beverage container. A distributor must pick up from a redemption center empty beverage containers on at least a weekly basis. Lastly, the bill requires all redemption centers to be approved by the department of natural resources; any unapproved redemption center that currently exists can continue operating without approval until December 1, 2020.

Approved by Ways and Means Subcommittee

SF 409 (formerly SSB 1119) - DNR Omnibus (M) - Included in this bill is a provision that creates a 60-day period during which an entity may appeal an order issued by the director or the department pursuant to the department’s authority in Code chapter 455B.

On Senate debate calendar

SF 93 - Abandoned Buildings (M) - This bill changes certain procedures relating to abandoned structures and abatement.

The current definition of “abandoned” or “abandonment” requires a property to have been in violation of a housing or building code for at least six months. The bill removes the time element from the definition and states that evidence of financial obligations in respect to the building does not rebut a finding of abandonment if the property is substantially in need of abatement. The bill requires a property to remain vacant for 135 days before a person may request a responsible building official to inspect a building to determine whether it is abandoned and in need of abatement. Responsible building official is defined in the bill.

The bill allows the responsible building inspector to make an application to the court for an administrative warrant if necessary to conduct an inspection of a building.

Passed the Senate 49-0. On House unfinished business calendar

HF 486 (formerly HSB 91) - Disaster Eligibility For Building Remediation Program  (M) - Under the community catalyst building remediation program, this bill allows an “emergency project” to be eligible for a grant.  “Emergency project” is a remediation of an underutilized building that may present a unique and immediate opportunity, or a unique and immediate threat. A unique and immediate opportunity is time-sensitive and remediation is expected to result in economic growth. A unique and immediate threat is a remediation that may involve unforeseen challenges or problems.

Approved by the House 99-0. Senate Subcommittee: Johnson, R. Smith and T. Taylor