Report Title:

Recycling; Bioconversion; Reuse; Statewide Strategy to Promote

Description:

Establishes a statewide strategy to promote recycling, bioconversion, and reuse by, among other things, requiring the PUC to reduce backhaul rates for recycled materials, reducing rent for public lands used for recycling, requiring counties and businesses to establish recycling and waste diversion programs, and appropriating funds for personnel to support such initiatives.

THE SENATE

S.B. NO.

2339

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to waste diversion.

 

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

SECTION 1. Chapter 271G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§271G- Regulation of transportation rates for recycled materials; special consideration. (a) Notwithstanding any other law to the contrary, the public utilities commission shall establish a schedule of reduced backhaul rates for the intrastate and interstate transport of recovered materials for recycling.

(b) A person, business, or enterprise contracting the services of an intrastate or interstate transporter for the purpose of transporting recovered materials for recycling may qualify for the reduced backhaul rate upon showing proof to the transporter that the person, business, or enterprise is lawfully engaged in the business of recycling.

(c) The public utilities commission shall adopt rules in accordance with chapter 91 to effectuate this section.

(d) For the purposes of this section, "recovered materials" and "recycling" have the same meaning as defined in section 342G-1."

SECTION 2. Chapter 342G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342G- Construction and demolition debris recycling and reporting. In addition to the requirements of section 342G-25, as a part of its integrated solid waste management plan, each county shall:

(1) Periodically review and assess its existing building and grading permitting procedures;

(2) Develop recommendations to encourage the recycling of construction and demolition debris;

(3) Establish a construction demolition diversion deposit program that promotes the recycling or reuse of construction or demolition debris by:

(A) Requiring contractors to submit a deposit based on the square footage and type of project to be undertaken with the county when applying for a construction, demolition, or building permit;

(B) Requiring contractors to dispose of construction and demolition debris in a county approved method for recycling, reuse, or donation; and

(C) Refunding the deposit based on the contractor's successful diversion of construction or demolition debris to a county approved method for recycling, reuse, or donation;

(4) Develop a system to track construction and demolition debris that is not recycled that includes a reporting requirement for construction or demolition projects that exceed $500,000 in cost;

(5) Include a timetable for implementation of any recommendations developed under paragraph (2) or program required under paragraph (3); and

(5) Report annually to the department on: the amount of construction and demolition debris disposed of under paragraphs (2), (3), and (4); and on any other actions taken by the county pursuant to this section."

SECTION 3. Section 342G-47, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342G-47[]] State and county agency responsibilities in the promotion of bioconversion[.] and recycling. The general responsibilities of state and county agencies under this chapter include the following:

(1) Departments that procure compost or that can substitute compost for other purchased products shall utilize locally produced compost whenever possible;

(2) The college of tropical agriculture and human resources of the University of Hawaii, in consultation with the department of agriculture and the office, shall evaluate composting and bioconversion methods to determine the methods appropriate to Hawaii's environment and needs. The college shall provide educational outreach to homeowners and farmers on appropriate composting and bioconversion methods;

(3) The department of business, economic development, and tourism shall assist, to the extent possible, in the assessment of bioconversion program alternatives;

(4) The department of health shall evaluate the public health consequences of using compost for specific applications and bioconversion for the processing of municipal solid waste;

(5) The department of land and natural resources shall consider the use of locally produced compost on state lands whenever possible[; and], and to the extent practicable, establish, assess, and collect reduced lease rents for lands leased by the department to a person, business, or enterprise lawfully engaged in the business of recycling;

(6) The department of transportation shall use compost in place of, or to supplement, other commercial fertilizers in the department’s highway landscape maintenance program[.], and to the extent practicable, establish, assess, and collect reduced lease rents for lands leased by the department to a person, business, or enterprise lawfully engaged in the business of recycling; and

(7) All state and county agencies shall periodically review and amend their procurement policies to ensure the purchase and use of recycled goods to the maximum extent practicable."

SECTION 4. The department of health shall develop an implementation strategy to mandate that:

(1) Each county establish a residential recycling program and determine any costs associated therewith;

(2) Businesses with more than fifty employees develop and implement a workplace recycling plan for traditionally recyclable materials, including but not limited to glass, plastics, aluminum, and paper; and

(3) Food service establishments establish and implement procedures to divert food waste away from the traditional waste stream; provided that the implementation of any such program, inclusive of in-house labor costs, is at the same cost or lower than that of disposal.

The department of health shall report on its findings, recommendations, and any necessary draft legislation to the legislature not later than twenty days prior to the convening of the 2005 regular session.

SECTION 5. 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 2004-2005, for the purpose of funding the state recycling coordinator position within the department of health.

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

SECTION 6. 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 2004-2005, for the department of health to hire additional inspection and enforcement personnel to deter illegal dumping activities and to develop a training program to educate and assist county law enforcement and firefighting personnel in the enforcement of illegal dumping laws and rules.

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

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval; provided that sections 5 and 6 shall take effect on July 1, 2004.

INTRODUCED BY:

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