Report Title:

Deposit Beverage Container Program

 

Description:

Requires retail dealers with more than 75,000 square feet of retail space to operate redemption centers. Effective 10/1/08.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2508

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:


 

SECTION 1. The legislature finds that sustaining high container redemption levels in the deposit beverage container program depends on locating redemption centers in places that are convenient to consumers. To date, there have been many challenges to locating independently operated redemption centers within a two-mile radius of retail dealers and providing more convenient locations in rural areas.

The legislature further finds that in other states with similar redemption programs, retail dealers are also required to be redemption centers. However, in the past, the legislature has recognized that many retail dealers in Hawaii have limited overall square footage in their establishments and that their floorspace is extremely valuable. Therefore, the high cost of doing business in Hawaii may be prohibitive to locating redemption areas within smaller retail establishments.

The purpose of this Act is to increase the opportunities and convenience for consumers who participate in the deposit beverage container program by requiring all retail dealers with more than seventy-five thousand square feet of retail space to operate redemption centers.

SECTION 2. Section 342G-113, Hawaii Revised Statutes, is amended to read as follows:

"342G-113 Redemption of empty deposit beverage containers. (a) Except as provided in subsection (b), a dealer shall:

(1) Operate a redemption center by July 1, 2005, and shall accept all types of empty deposit beverage containers with a Hawaii refund value;

(2) Pay to the redeemer the full refund value for all deposit beverage containers that bear a valid Hawaii refund value; and

(3) Ensure each deposit beverage container collected is recycled, and forward documentation necessary to support claims for payment as stated in section 342G-119 or rules adopted under this part.

(b) Subsection (a) shall not apply to any dealer:

(1) Who is located in a high density population area as defined by the director in rules, and within two miles of a certified redemption center that is operated independently of a dealer;

(2) Who is located in a rural area as defined by rule;

(3) Who subcontracts with a certified redemption center to be operated on the dealer's premises;

(4) Whose sales of deposit beverage containers are only via vending machines;

(5) Whose place of business is less than five thousand square feet of interior space;

(6) Who can demonstrate physical or financial hardship, or both, based on specific criteria established by rule; or

(7) Who meets other criteria established by the director.

Notwithstanding paragraphs (1) and (2), the director may allow the placement of redemption centers at greater than prescribed distances to accommodate geographical features while ensuring adequate consumer convenience.

(c) Regardless of the square footage of a dealer's place of business, dealers who are not redemption centers shall post a clear and conspicuous sign at the primary public entrance of the dealer's place of business that specifies the name, address, and hours of operation of the closest redemption center locations.

(d) If there is no redemption center within the two-mile radius of a dealer due to the criteria described in subsection (b), then the respective county and the State shall determine the need for a redemption center in that area. If a redemption center is deemed necessary, then the State, with assistance from the county, shall establish the redemption center with funding from the deposit beverage container deposit special fund.

(e) Businesses that sell deposit beverages for on-premises consumption, such as hotels, bars, and restaurants, shall collect used deposit beverage containers from the patron and either use a certified redemption center for the collection of containers or become a certified redemption center.

(f) Notwithstanding subsection (b), any dealer having greater than seventy-five thousand square feet of interior space shall operate a redemption center and shall accept all types of empty deposit beverage containers that bear a valid Hawaii refund value."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on October 1, 2008.

 

INTRODUCED BY:

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