Report Title:

Solid Waste; Litter

Description:

Creates a litter prevention and control program. Creates a litter prevention and control advisory board. Appropriating $300,000 for each year of fiscal biennium 2003-05 for environmental management. Appropriating $2,000,000 for each year of fiscal biennium 2003-05 to the counties for solid waste related projects and to update their plans in carrying out the implementation of the bottle bill. (HB467 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

467

TWENTY-SECOND LEGISLATURE, 2003

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to solid waste.

 

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

PART I

SECTION 1. The executive branch recognizes the importance of protecting our environment and has designated funds for this purpose in the General Appropriation Act, H.B. 200, 2003 (the State Budget). On February 5, 2003, the governor issued a message that she made adjustments to the state budget to bring the State's expenditures in line with its revenues. One of the adjustments made by the governor in the budget worksheets dated February 7, 2003, was the appropriation of $300,000 in general funds for fiscal year 2003-2004 and $300,000 in general funds for fiscal year 2004-2005, to be used for environmental management by a private, nonprofit organization called the Community Work Day Program. Another adjustment was an appropriation of $2,000,000 in general funds to be directed for current expenses for the sustainability grant program for environmental management.

The legislature has concerns regarding how these appropriations for environmental management are expended. Because the Community Work Day Program is a nonprofit organization, the legislature believes that the funds should be expended through a grant-in-aid process as provided in chapter 42F, Hawaii Revised Statutes, to ensure accountability.

The legislature further finds that due to economic constraints, it is difficult to address our State's litter problems sufficiently. Therefore, it is necessary for both the public and private sectors to work together to control litter around our islands.

The purpose of this Act is to ensure that the beauty of our islands are not destroyed by litter by:

(1) Creating a litter prevention and control program (Program);

(2) Creating a litter prevention and control advisory board to implement this Program;

(3) Appropriating $300,000 for each year of the fiscal biennium 2003-2005 for environmental management; and

(4) Appropriating $2,000,000 for each year of the fiscal biennium 2003-2005 to the counties for solid waste related projects and to update their plans and especially to complement Act 176, Session Laws of Hawaii 2002, which is referred to as the "Bottle Bill".

PART II

SECTION 2. 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 the litter prevention and control advisory board.

"Program" means the litter prevention and control program.

339-B Litter prevention and control program. The department 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 or designated representative;
    2. The director of transportation or designated representative;
    3. Three representatives from voluntary private partners identified by the board; and
    4. The mayor from each county or their designated representatives.

(c) The members of the 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 shall adopt rules in accordance with chapter 91 with respect to the establishment of the 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 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; and
    8. Create a litter hotline and other reporting mechanisms.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $300,000 or so much thereof as may be necessary for fiscal year 2003-2004 and the sum of $300,000 or so much thereof as may be necessary for fiscal year 2004-2005 to fund and promote the litter prevention and control program; provided that no funds shall be released unless the funds are matched by the private sector businesses identified by the litter prevention and control advisory board; and provided that the funds be distributed through a grant-in-aid process.

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

PART III

SECTION 4. (a) The counties shall update their integrated

solid waste management plan (ISWMP) as required under chapter 342G, Hawaii Revised Statutes. If a county has already completed an ISWMP within one year prior to the implementation of this Act, then the county may use the funds to reimburse their expenses.

(b) Any solid waste management project or program shall be approved by the department of health and shall increase waste reduction, recycling, or bioconversion. The project or program shall follow the solid waste management priorities of chapter 342G, Hawaii Revised Statutes, and shall be consistent with the priorities set forth in the county's ISWMP. Prior to implementation, the county shall submit a proposal of the project, estimated waste diversion rates, estimated costs, and implementation schedule.

(c) By June 30, 2004, the county shall submit a report to the department of health stating the county's solid waste accomplishments during fiscal year 2003-2004. The report shall include a description of their use of their solid waste appropriations and supporting financial documents, such as invoices and receipts. The report shall also include proposals for fiscal year 2004-2005. The proposals shall include, at a minimum, the information requested in section (b).

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,000,000 or so much thereof as may be necessary for fiscal year 2003-2004 and $2,000,000 or so much thereof as may be necessary for fiscal year 2004-2005 to enable the counties to implement the solid waste management plans pursuant to section 4 of this Act and approved by the department of health; provided that the department of health shall disburse the funds by allocating a base amount of $250,000 to each county for each fiscal year, and distribute the remaining funds to each county, based the percentage of each county's population as set forth in the 2000 United States Census.

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

SECTION 6. Any funds that are not used or encumbered by a county by June 30, 2004, shall be considered for redistribution to all counties. The fiscal year 2004-2005 appropriation and any outstanding fiscal year 2003-2004 funds shall be distributed as provided in section 5 of this Act.

The actual disbursement of funds will be dependent upon the completion of the county's ISWMP and their submitted proposals. Any funds not used by the counties by June 30, 2005, shall be returned to the general fund no later than July 31, 2005.

SECTION 7. 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.

SECTION 8. This Act shall take effect on July 1, 2003.