Report Title:

Solid Waste Management Board; Established

Description:

Establishes a solid waste management board to administer solid waste management functions and activities of the State.

THE SENATE

S.B. NO.

2306

TWENTY-SECOND LEGISLATURE, 2004

 

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. Chapter 342H, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§342H-A Solid waste management board; established. (a) There shall be a solid waste management board consisting of nine members, and who shall be appointed in the manner prescribed in section 26-34, except as otherwise provided in this section. Three members of the board shall be appointed by the governor from a list created by the governor, three members shall be appointed from a list of nominees submitted by the president of the senate, and three members shall be appointed by the governor from a list of nominees submitted by the speaker of the house of representatives. All members shall be appointed for terms of four years each, except that for the terms of the initial board members, one member from each list shall serve for a term of two years, one member from each list shall serve for a term of three years, and one member from each list shall serve for a term of four years. The governor shall designate a member to be chairperson of the board. Each member shall hold office until the member's successor is appointed and qualified. Section 26-34 shall not apply insofar as it relates to the number of terms and consecutive number of years a member can serve on the board; provided that no member shall serve more than twelve consecutive years.

In appointing board members, the governor shall select persons who possess demonstrated experience in administering government programs and technical experience in solid waste management or other similar fields. The board members shall devote full time to their duties as members of the board, and no board member shall hold any other public office or other employment during the board member's term of office. No person owning any stock or bonds of any solid waste management company, or having any interest in, or deriving any remuneration from, any solid waste management business or organization shall be appointed a board member.

(b) The chairperson of the board shall be paid a salary set by the governor within the range of $72,886 to $77,966 a year, respectively, and each of the other board members shall be paid a salary equal to ninety-five per cent of the chairperson's salary. The board members shall be exempt from chapters 76 and 89 but shall be members of the state employees' retirement system and shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State, including those under chapter 87A.

The board shall be attached to the department for administrative purposes.

§342H-B Powers and duties of the board. In addition to all powers and duties authorized under this chapter and heretofore exercised by the director, the board shall:

(1) Establish and collect advance disposal fees for large and difficult to dispose items such as automobiles, white goods, and hazardous materials;

(2) Administer advance disposal fees collected and deposited in the advance disposal fee special fund established under section 342H-C and provide funding to the counties for the implementation of approved recycling plans;

(3) Establish rate schedules for public agencies to follow for the payment of processing waste that has been diverted to a board approved waste diversion method;

(4) Assist the counties in meeting the goals and objectives of approved integrated solid waste management plans;

(5) Monitor public solid waste management contracts to ensure that the contracts are implemented in a cost effective and timely manner;

(6) Monitor solid waste disposal and processing capacity, capital improvement programs, and planning efforts to eliminate emergencies resulting from the inadequate planning and implementation of infrastructure development;

(7) Maintain a solid waste technical reference resource library for the use of public officials and interested parties;

(8) Promote recycling and waste diversion through negotiating with federal, state, and county governments, public corporations, and commercial entities;

(9) Cooperate with state and federal enforcement agencies to reduce illegal dumping;

(10) Provide funding for public education programs in schools and for businesses; and

(11) Submit an annual report to the legislature on the activities, collections, and expenditures authorized under this chapter.

§342H-C Advance disposal fee special fund. (a) There is established within the department of health an advance disposal fee special fund into which shall be deposited all moneys collected from advance disposal fees established by the board for large and difficult to dispose items such as automobiles, white goods, and hazardous materials authorized under this chapter.

(b) Moneys in the advance disposal fee special fund shall be expended by the board to carry out the purposes enumerated in section 342H-B."

SECTION 2. Section 342H-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Board" means the solid waste management board established pursuant to section 342H-A."

SECTION 3. Chapter 342H, Hawaii Revised Statutes, is amended by substituting the word "board", or like terms, wherever the word "director", or like terms, appears, as the context requires.

SECTION 4. 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 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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