Report Title:

Solid and Hazardous Waste Management

Description:

Increases the solid waste disposal surcharge and dedicates the increase to enforcement of waste management programs. Also prioritizes waste management programs.

THE SENATE

S.B. NO.

3093

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO WASTE MANAGEMENT.

 

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

SECTION 1. Section 342G-62, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established a solid waste management surcharge. The solid waste management surcharge shall be [35 cents] established by the director equal to an amount not to exceed $1.50 per ton of solid waste disposed of within the State at permitted or unpermitted solid waste disposal facilities. The surcharge shall be paid by the person or entity doing the disposal. The owner or operator of the facility shall transfer all moneys collected from the surcharge to the department through a quarterly reporting and payment schedule. Estimates of quarterly solid waste disposal shall be submitted prior to the first day of each quarter and the transfer of moneys collected shall occur within thirty days of the end of each quarter."

SECTION 2. Section 342G-63, Hawaii Revised Statutes, is amended to read as follows:

"§342G-63 Establishment of the environmental management special fund. (a) There is created in the state treasury an environmental management special fund. The fund may receive legislative appropriations, grants, and gifts.

(b) All moneys collected pursuant to section 342G-62 shall be deposited into the environmental management special fund. All interest earned or accrued on moneys deposited into the fund shall become a part of the fund.

(c) [The] Except as provided under subsection (d), the department shall expend moneys contained in the environmental management special fund to:

(1) Partially fund the operating costs of the program including its regulatory functions and the development of waste reduction and diversion activities as mandated by [chapter 342G;] this chapter;

(2) Fund statewide education, demonstration, and market development programs, through direct contract or direct transfer of funds to the counties and the department of business, economic development, and tourism, or under a grant program that may be developed under rules pursuant to chapter 91; and

(3) Provide for annual training for municipal solid waste operators in compliance with 40 Code of Federal Regulations Part 258 and chapter [11-58,] 11-58.1, Hawaii Administrative Rules.

(d) Sixty-five per cent of the solid waste disposal surcharge collected under section 342G-62 shall be expended exclusively for the purpose of enforcing solid and hazardous waste laws pursuant to sections 342G-72, 342H-2.5, 342H-7, 342H-17, 342I-5, 342I-33, 342J-7, 342J-18, and 342P-5."

SECTION 2. Section 128D-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Moneys from the fund shall be expended by the department for response actions and preparedness, including removal and remedial actions, consistent with this chapter; provided that the revenues generated by the "environmental response tax" and deposited into the environmental response revolving fund:

(1) Shall also be used[:] in the following priority:

(A) For solid and hazardous waste management programs under chapters 342G, 342H, 342I, 342J, 342L, and 342P;

[(A)] (B) For oil spill planning, prevention, preparedness, education, research, training, removal, and remediation; and

[(B)] (C) For direct support for county used oil recycling programs; and

(2) May also be used to support environmental protection and natural resource protection programs, including but not limited to energy conservation and alternative energy development, and to address concerns related to air quality, global warming, clean water, polluted runoff, [solid and hazardous waste,] drinking water, and underground storage tanks, including support for the underground storage tank program of the department and funding for the acquisition by the State of a soil remediation site and facility."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:

_____________________________