Solid Waste Management; Recycle; Public Awareness
Establishes a program to control and minimize litter in the State to the maximum extent possible; recovers and recycles waste material; and increases public awareness of the need for waste reduction, recycling, and litter control.
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII
A BILL FOR AN ACT
relating to solid waste management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's tourism industry fundamentally requires a healthy, clean, and beautiful environment. The accumulation of litter discarded throughout the State undermines this requirement and is detrimental to Hawaii's marketing as a tourist destination as well as creating a public health hazard.
Furthermore, the legislature finds that the State's landfill situation is approaching a crisis where all counties are facing major landfill siting problems. This presents a tremendous challenge from both an environmental and community perspective. The State's solid waste diversion efforts have fallen well short of its goals and undermine the State's need to solve its growing landfill situation.
Recycling is an important element of an integrated solid waste management system. It can protect and preserve environmental resources and reduce economic costs to residents and businesses within the State. In the past, the State set goals to recycle fifty per cent of its solid waste by the year 2000. However, current estimates report only about thirty per cent of Oahu's solid waste is being recycled. As we continue to seek other options, solid waste diversion is the most viable option to help extend the life of existing landfills.
The legislature finds that an effective litter prevention and control program coupled with recycling efforts will help alleviate the State's landfill issues and promote a clean and healthy environment.
The purpose of this Act is to establish a program to control and minimize litter in the State to the maximum extent possible; recover and recycle waste material; and increase public awareness of the need for waste reduction, recycling, and litter control.
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:
"Auditor" means the office of the auditor.
"Board" means litter prevention and control advisory board.
"Cigarettes and tobacco products" has the same meaning as set forth in section 245-1.
"Department" means the department of health.
"Groceries" means all products, except drugs, sold by persons in a place of business selling food for off premises consumption, but excluding building materials, clothing, furniture, and appliances.
"Liquor" has the same meaning as set forth in section 244D-1 which includes alcohol, and the liquor categories: beer, draft beer, cooler beverage, distilled spirits, and wine.
"Nondrug drugstore sundry products" means all products, goods, or articles, except drugs, sold by persons in a place of business selling drugs, but excluding building materials, clothing, furniture, and appliances.
"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 encourage the expansion of successful current programs 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; develop recommendations concerning the prevention of litter and cleanup programs; and establish a statewide campaign to promote participation and awareness of recycling and waste reduction.
(b) At the discretion of the director, board members may include, but 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 each from the industries that are subject to the environmental fee; and
(5) An elected official 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; and
(8) Create a litter hotline and other reporting mechanisms.
§339-E Environmental fee. There is levied and shall be collected by the department of taxation from every person for the privilege of engaging in business within the State as a manufacturer, as a wholesaler, or as a retailer, an environmental fee equal to the value of products listed in section 339-F, including byproducts, manufactured within the State, multiplied by fifteen one-thousandths of one per cent in the case of manufacturers, and equal to the gross proceeds of sales of the products listed in section 339-F that are sold within the State multiplied by fifteen one-thousandths of one per cent in the case of wholesalers and retailers.
§339-F Application to certain products. To accomplish effective litter control within the State and to allocate a portion of the cost of administering this chapter to those industries whose products, including the packages, wrappings, and containers thereof, are reasonably related to the litter problem, the fee imposed in this chapter shall only apply to the value of products or the gross proceeds of sales of products falling into the following categories:
(1) Food for human or pet consumption;
(3) Cigarettes and tobacco products;
(4) Liquor and beverage products;
(5) Newspaper and magazines;
(6) Household paper and paper products;
(7) Glass containers;
(8) Metal containers;
(9) Plastic or fiber containers made of synthetic material;
(10) Cleaning agents and toiletries; and
(11) Nondrug drugstore sundry products.
§339-G Environmental fee special fund. (a) There is
established in the state treasury the environmental fee special fund, into which shall be deposited all revenues generated from the environmental fee as described in section 339-E, and any fines and penalties collected as imposed by section 339-8. Moneys in the account may be expended only after appropriation by the legislature.
(b) Moneys in the fund shall be used to fund:
(1) Administrative, audit, and compliance activities associated with collection of the environmental fee;
(2) Reimbursement and administrative costs for the litter prevention and control board;
(3) Litter prevention promotional campaigns;
(4) Litter prevention education and demonstration projects;
(5) Hire personnel to oversee the implementation of the litter prevention and control program;
(6) Associated office expenses; and
(7) Recycling programs established by advisory committees as set forth in section 201-B.
(c) Moneys in the fund shall be used primarily for the purposes of funding program expenses and shall limit administrative costs to not more than per cent of the fund.
§339-H Management and financial audit. The auditor shall conduct a management and financial audit of the program for fiscal years 2004-2005 and 2005-2006, and for each fiscal year thereafter ending in an even-numbered year. The auditor shall submit the audit report to the legislature and the department no later than twenty days prior to the convening of the next regular session. The costs incurred by the auditor for the audit shall be reimbursed by the environmental fee special fund. The auditor may contract the audit services of a third party to conduct the audit."
SECTION 3. Chapter 201, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§201-A State office of recycling; establishment. The department shall establish a state office of recycling which among other duties, shall:
(1) Collect information such as data on recycling and disposal from counties and produce annual reports tracking the progress of recycling efforts;
(2) Establish and enforce standards for local recycling programs;
(3) Coordinate outreach efforts;
(4) Oversee duties of the advisory committees; and
(5) Establish grant programs for innovative recycling programs.
§201-B Advisory committees; duties. The director shall authorize the advisory committees, among other duties, to implement the following types of programs:
(1) Residential recycling programs such as:
(A) Curbside collection of a minimum number of recyclables for single family residents in urban areas;
(B) Multifamily/apartment recycling programs served by private sector haulers; or
(C) Dropoff programs that provide disposal and transfer facilities.
(2) Commercial recycling programs such as:
(A) Establishing an industry waste audit program to identify waste reduction opportunities at commercial facilities;
(B) Requiring preparation of commercial complex recycling plans for facilities above a minimum size;
(C) Requiring recycling programs at facilities visited by more than 25,000 people per year; or
(D) Establishing county "bin banks" to make recycling equipment accessible to organizers of public events, parades, and festivals.
(3) Promotional campaigns to create a demand for recycled materials;
(4) Statewide campaigns to promote participation and awareness of recycling and waste reduction;
(5) A public/private working group on outreach to design and evaluate statewide messages; and
(6) Programs that support local efforts to develop educational materials with grants and technical support from the State."
SECTION 4. Section 201-102, Hawaii Revised Statutes, is amended to read as follows:
"§201-102 Advisory committees. (a) The director of business, economic development, and tourism [
may] shall form advisory committees to assist in the formulation of recommendations concerning the development of markets for recycled materials[ .] and programs to implement and encourage statewide recycling. The recommendations shall address the removal of impediments to, as well as the establishment of incentives for, the use of recycled materials by businesses or energy producers in order to expand markets for recyclable materials.
(b) At the discretion of the director, committee members may include, but need not be limited to:
(1) The director of health;
(2) The director of [
the office of planning;] business, economic development, and tourism;
(3) The chairperson of the board of land and natural resources;
(4) The comptroller;
The chairperson of the public utilities commission; (6) The director of transportation; (7)] The county integrated solid waste management coordinators;
(8) One representative each from the not-for-profit recycling industry, the for-profit recycling industry, the solid waste collection industry, the recycling processing industry, the recycling brokerage and marketing industry, the shipping industry, and an environmental advocacy group; and]
(6) Three representatives each from the industries subject to the environmental fee established pursuant to section 339-E; and
(9)] (7) An elected official from each county; or their designated representatives."
SECTION 5. Section 201-106, Hawaii Revised Statutes, is amended to read as follows:
§201-106[ ]] Clean Hawaii fund established. (a) There is established within the state treasury a special fund to be known as the clean Hawaii fund, which shall be administered and used by the department to market and promote the development of local processing and manufacturing industries for collected recycled materials. All moneys derived from the following sources to market and promote the development of local processing and manufacturing industries for collected recycled materials shall be deposited into the fund:
(1) Moneys appropriated to the fund by the legislature;
(2) Moneys received by the department from federal, state, or county agencies;
(3) Direct transfers of funds from federal, state, or county agencies;
(4) Moneys received in fees, royalties, or premiums;
(5) Private grants, contracts, or gifts;
(6) Funds from other sources; and
(7) Earnings on investments.
(b) The department may use moneys in the clean Hawaii fund to:
(1) Make grants for marketing and promoting the development of local processing and manufacturing industries for collected recycled materials, subject to the standards provided in section 42F-103;
(2) Pay for expenses, fees, or costs related to the marketing, promotion, or development of local processing, manufacturing, or purchasing of recycled products; [
(3) Pay for expenses, fees, or costs to organize, conduct, sponsor, or cooperate with others in sponsoring conferences, workshops, demonstrations, studies, or other events or functions that are related to the stimulation and formation of recycling or environmental businesses[
(4) Fund administrative costs and programmatic expenses associated with the state office of recycling.
(c) The director may execute contracts and adopt rules pursuant to chapter 91 to implement the purposes of the clean Hawaii fund."
SECTION 6. Section 342G-104, Hawaii Revised Statutes, is amended to read as follows:
§342G-104[ ]] Deposit into deposit beverage container deposit special fund; use of funds. (a) There is established in the state treasury the deposit beverage container deposit special fund, into which shall be deposited:
(1) All revenues generated from the deposit beverage container fee as described under sections 342G-102 and 342G-105;
(2) All revenues generated from the deposit beverage container deposit as described under sections 342G-105 and 342G-110; and
(3) All accrued interest from this fund.
(b) Moneys in the fund shall be used to reimburse refund values and pay handling fees to redemption centers. The department may also use the money to:
(1) Fund administrative, audit, and compliance activities associated with collection and payment of the deposits and handling fees of the deposit beverage container fee and deposit program;
(2) Conduct recycling education and demonstration projects;
(3) Promote recyclable market development activities;
(4) Support the handling and transportation of the deposit beverage containers to end-markets;
(5) Hire personnel to oversee the implementation of the deposit beverage container fee and deposit program, including permitting and enforcement activities; [
(6) Fund associated office expenses[
(7) Fund certain administrative costs and programmatic expenses associated with the litter prevention and control program and the state office of recycling.
(c) Solely upon dissolution of the deposit beverage container deposit special fund, the net moneys in the fund shall be transferred to the environmental fee special fund established pursuant to section 339-G."
SECTION 7. Act 176, Session Laws of Hawaii 2002, is amended by amending section 20 to read as follows:
"SECTION 20. This Act shall take effect on July 1, 2002[
;], and shall be repealed on December 31, 2003; provided that amendments made to section 36-27, Hawaii Revised Statutes, by this Act shall not be repealed when that section is reenacted on July 31, 2003, pursuant to section 9 of Act 142, Session Laws of Hawaii 1998."
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. In codifying the new sections added by sections 2 and 3 and referenced in sections 4 and 6 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 10. This Act shall take effect upon its approval; provided that section 3 of this Act shall take effect on January 1, 2004.