Report Title:

Solid Waste

Description:

Requires counties to establish a construction and demolition diversion deposit program to encourage recycling of construction and demolition solid waste.

HOUSE OF REPRESENTATIVES

H.B. NO.

2732

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SOLID WASTE.

 

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

SECTION 1. The legislature finds that a major portion of all solid waste that is deposited at landfills is comprised of construction and demolition debris. Much of this debris can and should be recycled, thereby relieving the landfills of unnecessary solid waste and extending the useful life of the existing landfills. Certain municipalities, including the city of San Jose, have implemented programs to encourage the recycling of construction and demolition solid waste by requiring a diversion deposit to encourage recycling of this solid waste.

The purpose of this Act is to require each county to establish a construction and demolition diversion deposit program to encourage the recycling of construction and demolition solid waste.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Construction and demolition diversion deposit program. (a) Each county by ordinance shall establish a construction and demolition diversion deposit program that shall require a diversion deposit to be remitted by any person who applies for a building permit in an amount to be determined by the council. The diversion deposit shall be remitted together with the application for the building permit.

(b) The diversion deposit may be returned to the building permit applicant upon a showing that at least fifty per cent by weight of all the construction and demolition waste generated by the project requiring the building permit was diverted from landfill disposal. A pro rata portion of the diversion deposit may be returned if less than fifty per cent but more than twenty-five per cent of the construction and demolition waste was diverted from landfill disposal. No refund of any diversion deposit shall be made unless the applicant files a written request for a refund along with documentation satisfactory to the county in support of the request.

(c) For purposes of this section, "diverted" or "diversion" means the reduction of the amount of waste being disposed in landfills by any of the following methods:

(1) Use of new construction methods, to be determined by the county in consultation with knowledgeable representatives of the construction industry, that reduce the amount of waste generated;

(2) Onsite re-use of the construction and demolition waste; or

(3) Delivery of the waste from the construction site to a certified recycling facility described in subsection (d).

(d) For purposes of this section, a certified recycling facility means a recycling, composting, or material recovery or re-use facility for which the county issues a certification upon a finding that the facility:

(1) Has obtained all applicable federal, state, and county permits and is in compliance with all laws, rules, ordinances, and regulations; and

(2) Properly diverts from the landfills a required minimum per cent of all the construction and demolition waste it receives pursuant to this diversion deposit program.

(e) Moneys received by the county as diversion deposits shall be used only for:

(1) Payment of diversion deposit refunds;

(2) Costs of administration of the diversion deposit program;

(3) Costs of programs to divert the waste from construction and demolition projects from landfill disposal; and

(4) Costs of programs to develop or improve the infrastructure needed to divert the waste from construction and demolition projects from landfill disposal."

SECTION 3. Within one year from the effective date of this Act, each county shall establish by ordinance a construction and demolition deposit program.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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