Deposit Beverage Container; Dealers
Requires redemption centers and dealers in high density areas to remain open for at least thirty-five hours per week, permits consumers to request that refund values be computed by container for up to two hundred containers or less, clarifies that redemption centers and dealers may use properly operated and maintained reverse vending machines to satisfy the requirements of the bottle recycling law, and clarifies that both dealers and redemption centers may refuse to pay a refund for nonconforming containers. Allows dealers in the same shopping center to coordinate the operation of a redemption center. Requires the department of health to encourage the facilitation of agreements between shopping center managers or owners, store owners, and dealers to establish redemption centers. (SD1)
HOUSE OF REPRESENTATIVES
TWENTY-FOURTH LEGISLATURE, 2007
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. Section 342G-113, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Subsection (a) shall not apply to any dealer:
(1) Who is located in a high density
population area as defined by the director in rules, and within two miles of a
certified redemption center that is operated independently of a dealer; (2) Who is located in a rural area as
defined by rule; (3)] (1) Who subcontracts with a certified
redemption center to be operated on the dealer's premises[ ;] or
within one thousand feet of the premises; except that dealers who are located
within the same shopping center may share a coordinated redemption center on
the premises of the shopping center that is not located on either dealer's
premises or within one thousand feet of either dealer; provided further that
the redemption center is located within the premises of the shopping center;
(4)] (2) Whose sales of deposit
beverage containers are only via vending machines;
(5)] (3) Whose place of business is
less than [ five] ten thousand square feet of interior space;
(6)] (4) Who can demonstrate physical
or financial hardship, or both, based on specific criteria established by rule;
(7)] (5) Who meets other criteria
established by the director.
Notwithstanding paragraphs (1) and (2), the]
The director may allow the placement of redemption centers at greater
than prescribed distances to accommodate geographical features while ensuring
adequate consumer convenience."
SECTION 2. Section 342G-114, Hawaii Revised Statutes, is amended to read as follows:
"§342G-114 Redemption centers. (a) Prior to operation, redemption centers shall be certified by the department.
(b) Applications for certification as a redemption center shall be filed with the department on forms prescribed by the department.
(c) The department, at any time, may review the certification of a redemption center. After written notice to the person responsible for the establishment and operation of the redemption center and to the dealers served by the redemption center, the department, after it has afforded the redemption center operator a hearing in accordance with chapter 91, may withdraw the certification of the center if it finds that there has not been compliance with applicable laws, rules, permit conditions, or certification requirements.
(d) Redemption centers shall:
(1) Accept all types of empty deposit beverage containers for which a deposit has been paid;
(2) Verify that all containers to be redeemed bear a valid Hawaii refund value;
(3) Pay to the redeemer the full refund value in either cash or a redeemable voucher for all deposit beverage containers, except as provided in section 342G-116;
(4) Ensure each deposit beverage container collected
is recycled through a contractual agreement with an out‑of-state recycler
or an in-state recycling facility permitted by the department; provided that
this paragraph shall not apply if the redemption center is operated by a
recycler permitted by the department;[
(5) Remain open at least thirty-five hours per week, of which not less than five hours shall be on a Saturday or Sunday; provided that the center is located in a high density population area as defined by the director in rules; and
(5)] (6) Forward the documentation
necessary to support claims for payment as stated in section 342G-119.
(e) Redemption centers' redemption areas shall be maintained in full compliance with applicable laws and with the orders and rules of the department, including permitting requirements, if deemed necessary, under chapter 342H.
(f) The department shall develop procedures to facilitate the exchange of information between deposit beverage container manufacturers, distributors, and retailers and certified redemption centers, including but not limited to universal product code information for reverse vending machine purposes. The procedures developed by the department shall allow for a reasonable time period between the introduction of a new deposit beverage product and the deadline for submitting universal product code information to certified redemption centers operating reverse vending machines.
(g) Consumers may request that the refund value be computed by container count for loads of two hundred containers or less.
(h) The department shall encourage the facilitation of agreements between shopping center managers or owners, store owners, and dealers to establish redemption centers."
SECTION 3. Section 342G-115, Hawaii Revised Statutes, is amended to read as follows:
"§342G-115 Reverse vending machine
Reverse] Properly operated and maintained reverse
vending machines may be used by redemption centers and dealers to
satisfy the requirements of section 342G-113[ .]; provided that the
reverse vending machine is operational and accessible during normal business
hours of the center or store where it is located. Reverse vending machines
shall accept any type of empty deposit beverage container and pay out the full
refund value in either cash or a redeemable voucher for those containers that
bear a valid Hawaii refund value. If the reverse vending machine is unable to
read the barcode then the reverse vending machine shall reject the container. [ The
reverse vending machine shall be routinely serviced to ensure proper operation
and continuous acceptance of empty deposit beverage containers and payment of
the refund value.]"
SECTION 4. Section 342G-116, Hawaii Revised Statutes, is amended to read as follows:
"§342G-116 Refusal of refund value payment
for a deposit beverage container. Redemption centers [
dealers may refuse to pay the refund value on any broken, corroded, or
dismembered deposit beverage container, or any deposit beverage container that:
(1) Contains a free-flowing liquid;
(2) Does not properly indicate a refund value; or
(3) Contains a significant amount of foreign material."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2020.