Report Title:

Food Waste Recycling; County Requirements Established

Description:

Establishes county requirements for collection and recycling of food waste by specified restaurants, food courts, hotels, markets, food manufacturers or processors, catering establishments, hospitals, schools, and businesses. Authorizes a county to assess a surcharge. Applies to counties of 500,000 or more. Includes a food waste recycling program component as part of the counties' integrated solid waste management plans. Sets forth guidelines for the counties' food recycling component.

HOUSE OF REPRESENTATIVES

H.B. NO.

2944

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO COUNTIES.

 

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

PART I

SECTION 1. The legislature finds that waste disposal is an issue of critical importance throughout the islands, particularly for county governments faced with limited landfill capabilities. Section 226-15, Hawaii Revised Statutes, declares that "it shall be the policy of this State to . . . promote re-use and recycling to reduce solid and liquid wastes and employ a conservation ethic."

Act 324, Session Laws of Hawaii 1991, codified as chapter 342G, Hawaii Revised Statutes, established requirements for county integrated solid waste management planning, including a recycling and bioconversion component, and set solid waste diversion goals of twenty-five per cent by 1995 and fifty per cent by 2000.

The legislature further finds that despite these statewide policies, recycling efforts still reduce only a fraction of the solid and liquid waste generated. Landfills on all islands are approaching or have already reached capacity, and both expansion of current landfills and relocation efforts are meeting widespread community opposition.

The purpose of this part is to require counties with a population of five hundred thousand or greater to establish a program for recycling food waste as part of the county integrated solid waste management plans under chapter 342G, Hawaii Revised Statutes, and to authorize the counties to assess a food waste recycling surcharge. Further, this part appropriates moneys exclusively for the initial staffing and establishment of the program. Once the surcharge is established, surcharge proceeds shall entirely fund the system.

The legislature finds that the food waste recycling program in this Act falls within the program elements of the county integrated solid waste management plans under section 342G, Hawaii Revised Statutes, and additionally, that this Act allows the counties to impose a surcharge to pay for this program. Therefore, the legislature further finds that the food waste recycling program is not a mandated program under article VIII, section 5 of the State Constitution.

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

"Part . food waste recycling

46-A Definitions. As used in this part unless the context otherwise requires:

"Business" means any corporation, limited liability company, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.

"Catering establishment" means an establishment primarily involved in the preparation and transfer of finished food products for immediate consumption upon delivery to off-premises destinations including but not necessarily limited to hotels, restaurants, airlines, and social events.

"Composting facility" means an establishment that conducts either major or minor composting operations through a process in which organic materials are biologically decomposed under controlled conditions to produce a stable humus-like mulch or soil amendment. The composting process includes but is not necessarily limited to receipt of materials, primary processing, decomposition activities, and final processing for sale and marketing. This term does not include bioremediation of fuel-contaminated soil.

"Department" means the agency in each county responsible for solid and liquid waste management and recycling.

"Food bank" means a facility that receives donations of food for redistribution to needy groups, individuals, or families.

"Food court" means an area within a building or shopping center where five or more food establishments are situated.

"Food establishment" means a business, catering establishment, food court, food manufacturer or processor, hospital, hotel, market, school, or restaurant.

"Food manufacturer or processor" includes an establishment that generates food waste and is primarily involved in the manufacture or processing of food products, including animal products.

"Food waste" means all animal and vegetable solid wastes generated by a food establishment that result from the storage, preparation, cooking, or handling of food.

"Function room" means an area where events are held at which food is served, including but not limited to wedding receptions, business meetings, conferences, banquets, and parties.

"Hospital" means a facility operated, licensed, accredited, or approved as a hospital under state law.

"Hotel" means an establishment consisting of one or more buildings that contain rooms where sleeping accommodations are provided and offered for adequate pay to transient or permanent guests; and a suitable and adequate kitchen and dining room, where meals are regularly prepared and served to hotel guests and other customers.

"Major composting" includes the composting of mixed solid waste, including solid waste facility residues (rubbish), sewage sludge, waste from animal food processing operations, and similar materials. Major composting operations involve more complex controls to manage odors, vectors, and surface water contamination, even if, in some cases, on-site odors may not be able to be completely mitigated.

"Market" includes establishments where fresh meat, fish, or produce is prepared, handled, and displayed for sale at retail or wholesale.

"Meal" includes any food item or items served as an entree at breakfast, lunch, or dinner, but excludes beverages and desserts, if the beverages or desserts are served by themselves and not part of a breakfast, lunch, or dinner.

"Minor composting" includes the composting of clean, source-separated organic materials, including greenwaste, animal manure, crop residues, and waste from vegetable food processing operations. Minor composting operations involve relatively simple management and engineering solutions to control odors, vectors, and surface water contamination.

"Prepared meal" means a meal that has been cleaned, cooked, or otherwise prepared on the premises of the food establishment, and shall exclude prepackaged meals that are cooked or otherwise prepared elsewhere and only sold on the premises of the establishment. Prepared meals include meals a portion of which have been precooked or prepared off the premises of the establishment.

"Recycling facility" includes a composting facility, waste bioconversion facility, rendering facility, pig farm, or other agricultural facility that uses food waste as animal feed or for other agricultural use, or any other facility that recycles food waste and is approved by the department for that purpose.

"Recycling service" means a service or collection of services that includes the collection and transportation of food waste to a department-approved recycling facility by a refuse hauler or other company that collects the food waste, and the recycling or reuse of that food waste by a department-approved recycling facility, which may or may not be operated by the company that collects and transports the food waste.

"Rendering facility" means an establishment that converts kitchen grease, cooking oils, meat scraps, or other slaughterhouse waste, waste from meat processing plants, or any combination of the foregoing items, for use in the manufacture of such products as cosmetics, detergents, plastics, paints, tires, and animal feed products.

"Restaurant" means a place of business where food is served for compensation and includes the kitchen or food preparation area of that place of business.

"School" means any kindergarten, elementary, secondary, or postsecondary educational institution, public or private.

"Waste bioconversion facility" means a facility where food and other organic waste are converted into useable by-products.

46-B Applicability; exceptions. (a) The owners of the following food establishments shall arrange and provide for the separate collection of a minimum of fifty per cent or more of the total food waste generated and for its recycling by a recycling facility in the county; or separate a minimum of fifty per cent or more of the total food waste from all other solid waste generated by the food establishment and deliver the food waste to a recycling facility:

(1) A restaurant; provided that:

(A) If a restaurant is also a catering establishment, it shall be considered a restaurant for purposes of this part; and

(B) If a restaurant has on its premises a place where the primary method of service, for all mealtimes, is food and drink orders taken and served to customers at an over-the-counter or self-service counter, that portion of the premises devoted to the taking and serving of those food and drink orders, and any dining area serving customers of that self-service counter, shall be counted in determining the total food waste generated;

(2) A food court; provided that the company or entity that manages the shopping center or building where the food court is located shall be required to comply with the requirements of this part unless the owners of the food establishments in the food court are responsible for the disposal of their refuse, in which case the owners of those establishments shall be responsible for complying with this part;

(3) A hotel with a kitchen or kitchens and one or more banquet or function rooms. For the purposes of this paragraph, a "kitchen" means that place that is not part of a restaurant and where food is prepared for hotel employees or functions on the hotel's premises;

(4) A market, food manufacturer, or processor;

(5) A catering establishment that is not also a restaurant or part of a restaurant;

(6) A hospital that serves prepared patient meals;

(7) A school that serves two hundred seventy-five or more prepared meals per day based on an annualized average; provided that if a public school that comes under this part fails to comply with the requirements of this part, the agency responsible for waste management and recycling in the county where the school is located shall notify the department of health of any violations; or

(8) A business that produces food waste.

(b) For the purposes of this section, for the first year following the effective date of this Act, the annualized average number of prepared meals served or sold per day by a food establishment shall be the average number of meals prepared per day in the year prior to the effective date of this Act, for any food establishment that has been in existence for one year or more prior to the effective date of this Act.

For any establishment that has not been in existence for one year or more prior to the effective date of this Act, the annualized average shall be determined based on the number of prepared meals served or sold per day during the first year that the food establishment has been in existence following the effective date of this Act.

Except as provided above, an establishment shall use the prior year's average number of prepared meals served or sold per day in determining whether it is required to recycle food waste in accordance with this part.

(c) A food establishment otherwise required to recycle food waste under this part shall not be required to do so if the total food waste generated does not exceed fifty gallons per week.

(d) A food establishment otherwise required to recycle food waste under this part shall not be required to do so if the disposal charge for disposing of food waste at a recycling facility, including the cost of transporting the food waste to the facility, exceeds the tipping fee or disposal charge for disposing of waste, plus the cost of transporting refuse to that facility.

46-C Cooperation with other establishments. A food establishment that is required to recycle food waste under this part may combine the waste with that of other establishments, or may separately collect and recycle its own food waste.

46-D Suspension of requirement. (a) The owner of a food establishment that is otherwise required to recycle food waste may petition the department to suspend the applicability of this part to the applicant if the applicant demonstrates that recycling service for food waste is unavailable to the applicant.

(b) If the department grants the petition, the requirements of this part shall be suspended until such time as recycling service becomes available to the applicant.

(c) The department shall periodically review the availability of recycling service to food establishments for which the requirements of this part have been suspended.

If after review, the department determines that recycling service is available and that the requirements of this part shall no longer be suspended with regard to a particular food establishment, the department shall notify the owner of the establishment by registered mail and the owner shall be required to recycle food waste in accordance with this part within sixty days of receipt of the notice.

(d) The department may also suspend the requirements of this part as follows:

(1) During the period of a work stoppage or any other interruption of recycling collection service to the food establishments that are subject to this part; or

(2) When the department determines that there are inadequate recycling facilities or that there is inadequate recycling capacity to dispose of the food waste being collected pursuant to this part.

46-E Implementation. The department may implement this part pursuant to an ordinance enacted by the legislative body or by adopting rules in accordance with chapter 91.

46-F Inspection authorized. Upon presentation of proper credentials, the department or the department's duly authorized representative may enter at reasonable times any building or premises of a food establishment and inspect the books and records of a food establishment to determine compliance with the requirements of this part; provided that:

(1) The entry and inspection shall be made in such a manner as to cause the least possible inconvenience to the persons in possession of the property and the owners of the food establishment; and

(2) An order of a court authorizing the entry and inspection shall be obtained prior to entry or inspection if the entry or inspection is denied or resisted by the persons in possession or owners of the food establishment.

46-G Reporting requirements. (a) Effective October 1, 2004, and quarterly thereafter, each waste recycling facility shall report to the department for the quarter preceding:

(1) The total volume of food waste being recycled, and the average dollar amount the facility is charging per unit of weight or volume, if the facility both collected and disposed of food waste from a food establishment; and

(2) The amount of food waste, per unit of weight or volume, that the facility recycled during the previous quarter.

(b) Within thirty days of receipt of this information, the department shall forward the reports to the director of health, who shall review them for compliance with this part.

46-H Donations of food. Nothing in this part shall preclude a food establishment from donating to a food bank leftover or unsold food that is safe to consume.

46-I Violation; penalty. Any person violating this part may be subject to a civil fine not to exceed $250; provided that:

(1) Each day that a person violates this part shall constitute a separate violation; and

(2) A person shall have the right to appeal a civil fine under chapter 91.

For purposes of this section, "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.

46-J Dissemination of information. The department shall ensure that a copy of this part, and any related ordinances or rules adopted pursuant to section 46-E, are made available to any food establishment as defined in section 46-A through the relevant certificate, permit, or license procedures.

46-K Food waste recycling surcharge. Each county may assess an annual food waste recycling surcharge based on the partial costs of food waste recycling to fund the food waste recycling program under this part. Notice of this surcharge shall be included with any notice of assessment.

46-L County request for exemption. (a) This part shall apply to all counties with a population of five hundred thousand or greater; provided that a county may request an exemption, based on a determination by the department of health that a county does not have the recycling capacity to meet the requirements of this part.

(b) The department of health shall review annually all county exemptions and shall rescind an exemption if the department of health determines that the applicable county has achieved a recycling capacity to meet the requirements of this part."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2004-2005 for the initial staffing and establishment of the food waste recycling program in this Act. Thereafter, the program shall be funded by the recycling surcharge established in section 46-K, Hawaii Revised Statutes.

The sum appropriated shall be expended by the department of health and allocated to the agency in each county responsible for solid and liquid waste management recycling for the purposes of this Act.

SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

PART II

SECTION 5. The purpose of this part is to:

(1) Include a food waste recycling program component as part of each county's integrated solid waste management plans; and

(2) Set forth county food waste recycling component requirements.

SECTION 6. Chapter 342G-25, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The program element shall include at a minimum:

(1) A waste stream assessment component;

(2) A source reduction component;

(3) A recycling and bioconversion component;

(4) An energy-balance component;

(5) A special waste component;

(6) A household hazardous waste component;

(7) A public education and information component;

(8) A landfill and incineration component;

(9) A marketing and procurement of materials component;

(10) A food waste recycling program component;

[(10)] (11) A program implementation component; and

[(11)] (12) A program funding component."

SECTION 7. Section 342G-26, Hawaii Revised Statutes, is amended to read as follows:

"342G-26 Contents of the program element. (a) The waste stream assessment component shall describe and explain the origin, composition, and weight or volume, or both, of solid waste generated within the county during the year in which the plan is being developed, or during the subsequent years when a revised plan is being developed.

The component shall include data that are reasonably representative of, and that reflect information that considers, seasonal and year-round patterns in waste generation. The data developed in this component of the initial county plan shall serve as the baseline for future measurement of the percentage of waste reduced through source reduction, recycling, and bioconversion programs. For each revised plan, the component shall provide a quantitative estimate of the amount of each type of solid waste that was reduced through recycling and bioconversion during the previous planning period. The revised plan shall also include an estimate of reduction that has resulted from source reduction efforts, to the extent that the reduction can be quantified.

(b) The source reduction component shall identify and evaluate specific measures for achieving source reduction, including[,] but not limited to:

(1) Increased efficiency in the use of all materials;

(2) Replacement of disposable materials and products with reusable materials and products; and

(3) Reduced packaging.

(c) The recycling and bioconversion component shall identify and assess:

(1) The level of waste reduction the county is achieving through existing recycling and bioconversion efforts;

(2) The type and amount of solid waste that it is technically and economically feasible to recycle or alter through bioconversion; and

(3) Methods to increase and improve the recycling and bioconversion efforts, including opportunities for backyard composting.

For recycling, the counties shall assess the type and amount of solid waste that it is technically feasible to recycle, giving consideration at a minimum to clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, mixed paper, corrugated paper, HDPE, PET, and green waste.

For bioconversion, the counties shall assess the type and amount of solid waste that it is technically feasible to alter through bioconversion, giving consideration at a minimum to green waste, wood waste, animal manure, sewage sludge, and food wastes.

(d) The energy-balance component shall describe the programs by which the county will investigate or incorporate ways of increasing the energy efficiency of the solid waste management process, including the assessment of energy and fuel-production options such as composting, anaerobic digestion, acid hydrolysis, production of liquid fuels, incineration, or a combination thereof. The energy component shall identify and assess:

(1) The amount of energy input, including[,] but not limited to[,] electrical power, gasoline, diesel fuel, coal, natural gas, propane, kerosene, and heating oil, required by the plan for the accomplishment of collection, recycling, composting, bioconversion, waste handling, disposal, and landfilling;

(2) The amount of energy produced from the waste, including electricity, natural gas, hydrogen, and liquid fuels such as ethanol or methanol;

(3) The net energy use or energy production attributable to the solid waste program. Where feasible, this assessment shall include energy used in the original manufacture of these goods. National averages of energy consumed may be incorporated in these estimates; and

(4) Methods by which net energy use may be decreased or net energy or fuels production may be increased.

(e) The special waste component shall describe the existing waste handling and disposal practices for special wastes, including[,] but not limited to[,] asbestos, used oil, petroleum-contaminated soil, lead acid batteries, municipal waste combustion ash, sewage sludge that is not hazardous waste, agricultural and farm-generated wastes, medical wastes, tires, white goods, and derelict vehicles. The component shall identify current and proposed programs to ensure the proper handling, reuse, and long-term disposal of special wastes.

(f) The household hazardous waste component shall:

(1) Assess the quantity and type of hazardous wastes generated by residences in the county;

(2) Describe current collection, recycling, and exchange programs, as well as current methods of disposing of household hazardous waste; and

(3) Develop programs for the collection of household hazardous wastes that protect the public and the environment from these substances. The household hazardous wastes collected by the counties shall be disposed of by a state program. A county may petition the director to be exempt from this paragraph if the county demonstrates to the director's satisfaction the adequacy of its current methods of household hazardous waste collection, recycling, exchange, and disposal to protect public health and the environment.

(g) The public education and information component shall describe the programs that the county will use, in coordination with the efforts of the office, to:

(1) Provide comprehensive and sustained public notice of the options for alternate source reduction, recycling, and bioconversion, and for the proper handling of household hazardous and special wastes; and

(2) Distribute information and educational materials regarding general solid waste issues through the media, schools, and community organizations.

(h) The landfill and incineration component shall:

(1) Assess the county's current landfill capacity and ways to extend that capacity;

(2) Assess the availability of land for future landfills;

(3) Estimate the amount of waste currently going into incineration facilities and the remaining available capacity;

(4) Estimate the amount of ash generated at incineration facilities; and

(5) Describe provisions for ash disposal.

(i) The marketing and procurement of materials component shall describe:

(1) Existing county, state, or other markets for materials diverted from the solid waste stream;

(2) Methods to increase access to markets, including the promotion of local uses for materials derived from solid waste; and

(3) Methods to promote the procurement of recycled materials by county agencies.

(j) The county food waste recycling component shall identify and assess:

(1) Levels of waste reduction the county is achieving through existing food waste recycling and bioconversion efforts;

(2) The type and amount of food waste that may be recycled or altered through bioconversion; and

(3) Methods to increase and improve food waste recycling and bioconversion efforts.

[(j)](k) The program implementation component shall define:

(1) Specific tasks and responsibilities;

(2) Schedules for implementation;

(3) Identification of proposed ordinances, contracts, and other guidelines; and

(4) Methods for evaluating the effectiveness of the county plan.

[(k)](l) The program funding component shall:

(1) Provide for each of the components, where applicable, the estimated cost to the county of program implementation; and

(2) Demonstrate the county's economic self-sufficiency in managing solid waste pursuant to the implementation of the approved plan. This includes the identification of county funding sources that will be used to implement the plan, and other viable sources of funding that have been identified or are anticipated."

PART III

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

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