Report Title:

Recyclable Goods; Advance Disposal Fee

Description:

Requires an advance disposal fee to support the disposal of recyclable goods.

THE SENATE

S.B. NO.

2304

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. Chapter 342G, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . recyclable goods recovery

§342G-A Definitions. As used in this part, unless the context requires otherwise:

"Recyclable goods" mean any materials, including paper, paperboard, ferrous metal, nonferrous metal, disposable wood, and plastics. The term shall not include deposit beverage containers and products made of glass or items subject to other advance disposal fees. Recyclable materials in the form of packaging shall not be excluded. Measurement of the recyclable quantity for packaging shall be the difference between the net weight and the gross weight.

"Recyclable goods importer" means any person who is engaged in the manufacture of recyclable goods within the State or who imports recyclable goods from outside the State for sale or use within the State. The term includes federal agencies and military distributors, but does not include airlines and shipping companies that merely transport recyclable goods.

"Recyclable goods incentive" means an incentive paid to licensed recyclers for recycling recyclable goods. These incentives may be structured to include the costs of collection and processing and a "buy back" incentive to increase participation by the public and private haulers.

"Recyclable goods recovery program" means a program for recyclable goods recovery and reuse for purposes including but not limited to recyclable goods reuse or recycling whereby goods are refurbished, processed for shipment out of the State, or crushed into aggregate substitute.

"Import" means to buy, bring, or accept delivery of recyclable goods from an address, supplier, or any entity outside of the State.

§342G-B Advance disposal fee. (a) Every recyclable goods importer shall pay to the department an advance disposal fee. The fee shall be imposed only once on the same goods. For the period beginning September 1, 2004, the fee shall be one and one-half cents per pound of net recyclable goods.

(b) No county shall impose or collect any assessment or fee on recyclable goods for the same or similar purpose that is the subject of this chapter.

§342G-C Recyclable goods importers; registration, recordkeeping requirements. (a) By September 1, 2004, all recyclable goods importers operating within the State shall register with the department, using forms prescribed by the department, and shall notify the department of any change in address. After September 1, 2004, any person who desires to conduct business in this State as a recyclable goods importer shall register with the department no later than one month prior to the commencement of the business.

(b) All recyclable goods importers shall maintain records reflecting the manufacture of their recyclable goods. The records shall identify the type, weight, and quantity of each type of recyclable good. The records shall be made available, upon request, for inspection by the department; provided that any proprietary information obtained by the department shall be kept confidential and shall not be disclosed to any other person except:

(1) As may be reasonably required in an administrative or judicial proceeding to enforce any provision of this chapter or any rule adopted pursuant to this chapter; or

(2) Under an order issued by a court or administrative agency hearing officer.

§342G-D Deposit into environmental management special fund; distribution to counties. (a) Revenues generated from the advance disposal fee shall be deposited into a special account in the environmental management fund. Moneys from the special account shall be used to fund recyclable goods recovery programs established in accordance with the requirements under section 342G-F; provided that no moneys shall be made available to a county unless the county has first submitted its formally adopted integrated solid waste management plan to the department for review. In the event of any surplus in the special account, the department shall recommend to the legislature a reduction in the fee as deemed necessary.

(b) The department shall distribute the moneys contained in the special account to the counties in proportion to the amount of recyclable goods imported into each county, based upon the county's de facto population. The distribution shall be in the form of direct contracts with the department as permitted under chapters 103 and 103D or transfer of funds from the department.

(c) No more than ten per cent, in the aggregate, of the revenue collected in any one year may be used by the department for administrative and educational purposes and to promote recyclable goods recovery, recycling, and reuse in Hawaii through research and demonstration projects.

(d) All moneys distributed to the counties under subsection (b), and not expended by the counties as specified in section 342G-F, shall be returned to the State for deposit into the environmental management special fund at the end of each fiscal year.

§342G-E Recyclable goods inventory report and payment. (a) Payment of the advance recyclable goods disposal fee shall be made quarterly based on inventory reports of the recyclable goods importers. All recyclable goods importers shall submit to the department documentation in sufficient detail that identifies the number and net weight of recyclable goods manufactured or imported to the State and sold or distributed, by manufacturer or distributor, during the calendar year.

(b) The amount due from recyclable goods importers for the calendar year shall be the sum equal to the weight in pounds of recyclable goods provided in subsection (a) multiplied by the advance disposal fee specified in section 342G-B. Payment shall be made by check or money order payable to the "Department of Health, State of Hawaii". All subsequent inventory reports and payments shall be made not later than the fifteenth day of the month following the end of the previous calendar quarter, except for those importers subject to subsection (d).

(c) A recyclable goods importer who imports fewer than five thousand pounds within a one-year period shall be exempt from payment of the fee.

(d) A recyclable goods importer who imports five thousand or more pounds of recyclable goods, but less than or equal to one hundred thousand pounds of recyclable goods, shall be permitted to provide a report and payment of the fee annually, rather than quarterly.

§342G-F County recyclable goods recovery programs; requirements. (a) All county recyclable goods recovery programs shall include some form of recyclable goods incentive or "buy back" program providing a means of encouraging participation by the public or private collectors.

(b) In addition, county programs may include but shall not be limited to:

(1) Funding of the collection and processing of recyclable goods either through existing county agencies or through external contracts for services;

(2) Subsidizing the transportation of processed material to off-island markets;

(3) The development of collection facilities or the provision of containers for recyclable goods or the incremental portions of multi-material programs;

(4) Additional research and development programs, including grants to private sector entrepreneurs, especially those activities developing higher value uses for the material; and

(5) Public education and awareness programs focusing on recyclable goods or the incremental portions of multi-material programs.

§342G-G Contract for administrative services. The department may contract the services of a third party to administer the advance disposal fee program under this part."

SECTION 2. In codifying the new sections added by section 1 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 3. New statutory material is underscored.

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

INTRODUCED BY:

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