Report Title:

Solid Waste; Litter

Description:

Creates a litter prevention and control program. Creates a litter prevention and control advisory board. (HB467 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

467

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

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. Chapter 339, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . LITTER PREVENTION AND CONTROL PROGRAM

§339-A Definitions. As used in this part, unless the context requires otherwise:

"Board" means litter prevention and control advisory board.

"Department" means the department of health.

"Program" means litter prevention and control program.

§339-B Litter prevention and control program. The department of health shall develop a litter prevention and control program that shall assist current programs such as the community work day program and develop a targeted campaign to prevent litter and increase cleanup programs.

§339-C Litter prevention and control advisory board. (a) The director of health shall establish a litter prevention and control advisory board to assist in the formulation of the litter prevention and control program and develop recommendations concerning the prevention of litter and cleanup programs.

(b) At the discretion of the director, board members may include but need not be limited to:

    1. The director of health;
    2. The chairperson of the board of land and natural resources;
    3. The director of transportation;
    4. Three representatives from the voluntary private partners identified by the board; and
    5. The mayor from each county;

or their designated representatives.

(c) The members of the litter prevention and control advisory board shall not be compensated for their services but shall be reimbursed for necessary expenses, including travel expenses, incurred while engaged in business for the board.

(d) The department may adopt rules in accordance with chapter 91 with respect to the establishment of the litter prevention and control advisory board including but not limited to rules concerning the composition, eligibility, selection, and term of members. This section shall not apply if it conflicts with any federal law.

§339-D Litter prevention and control advisory board; duties. (a) The litter prevention control advisory board shall among other duties oversee the following:

    1. Coordinate research needed to quantify and address the litter problem;
    2. Develop curricula for schools;
    3. Assist in developing any rules needed to implement this chapter;
    4. Identify and coordinate work with county litter coordinators;
    5. Educate the public and stimulate collection and containment of litter;
    6. Assist local and county programs;
    7. Coordinate statewide cleanup efforts;
    8. Create a litter hotline and other reporting mechanisms; and
    9. Identify voluntary private partners who shall enter into agreements set forth in section 339-G.

§339-E Public-private partnership. (a) The director of health, without regard to chapters 42F and 103D, Hawaii Revised Statutes, shall enter into a two-year agreement with the industries identified by the board, in a public-private partnership, to promote and fund the litter prevention and control program. The State, through the department of health, shall provide funds to be matched by an equal amount from the private sector partners to the agreement.

(b) The agreement shall include at least the following:

(1) Measurable objectives and goals against which contract performance can be gauged;

(2) Clear delineation of roles, functions, and tasks to be performed by the two parties to the agreement;

(3) Specific conditions, including nonperformance, under which the contract may be terminated; and

(4) Reports to the governor and the legislature detailing progress of the marketing and promotion project to date, including expenditures and measurable effectiveness of which:

(A) The first interim report shall be due twenty days prior to the convening of the regular session of 2004;

(B) The second interim report shall be due twenty days prior to the convening of the regular session of 2005; and

(C) The final report shall be due June 30, 2005.

SECTION 2. 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 2003-2004 and the sum of $ or so much thereof as may be necessary for fiscal year 2004-2005 to fund and promote the litter prevention and control program, through the operation of public-private agreements between the State, through the department of health, and private sector businesses identified by the board, as private sector parties to the agreement, who shall provide matching amounts in fiscal year 2003-2004 and 2004-2005.

The sums appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 3. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.