Report Title:

Food Waste Recycling; Solid Waste



Establishes a food waste recycling program.  Makes an appropriation.



S.B. NO.













relating to food waste recycling.





     SECTION 1.  The legislature finds that waste disposal is an issue of critical importance throughout the islands.  Section 226-15, Hawaii Revised Statutes, declares that "it shall be the policy of this State to . . . promote re-use and recycling to reduce solid and liquid wastes and employ a conservation ethic."

     The legislature further finds that state facilities, including state hospitals and public schools, are among the largest institutional generators of food waste, in spite of current recycling efforts.  Despite statewide policies, recycling efforts still reduce only a fraction of the solid and liquid waste generated.  Landfills on all islands are approaching or have already reached capacity, and both expansion of current landfills and relocation efforts are meeting widespread community opposition.

     Food waste recycling falls within the program elements of the integrated solid waste management plans under chapter 342G, Hawaii Revised Statutes.  Moneys to implement and administer this important state effort will come from the environmental response revolving fund.

     The purpose of this Act is to include a program for recycling food waste as part of the State's integrated solid waste management plans under chapter 342G, Hawaii Revised Statutes, and to mandate food waste recycling at state facilities.

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

"Part  .  food waste recycling

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

     "Agency" means any department, office, board, or commission of the State, the University of Hawaii, or any quasi-public institution that is supported in whole or in part by State funds.

     "Composting facility" means an establishment that conducts either major or minor composting operations through a process in which organic materials are biologically decomposed under controlled conditions to produce a stable humus-like mulch or soil amendment.  The composting process includes but is not limited to receipt of materials, primary processing, decomposition activities, and final processing for sale and marketing.  This term does not include bioremediation of fuel‑contaminated soil.

     "Major composting" includes the composting of mixed solid waste, including solid waste facility residues (rubbish), sewage sludge, waste from animal food processing operations, and similar materials.  Major composting operations involve more complex controls to manage odors, vectors, and surface water contamination, even if, in some cases, on-site odors may not be able to be completely mitigated.

     "Meal" includes any food item or items served as an entree at breakfast, lunch, or dinner, but excludes beverages and desserts, if the beverages or desserts are served by themselves and not part of a breakfast, lunch, or dinner.

     "Minor composting" includes the composting of clean, source‑separated organic materials, including greenwaste, animal manure, crop residues, and waste from vegetable food processing operations.  Minor composting operations involve relatively simple management and engineering solutions to control odors, vectors, and surface water contamination.

     "Prepared meal" means a meal that has been cleaned, cooked, or otherwise prepared on the premises of the food establishment, and excludes prepackaged meals that are cooked or otherwise prepared elsewhere and only sold on the premises of the establishment.  Prepared meals include meals a portion of which have been precooked or prepared off the premises of the establishment.

     "Recycling facility" includes a composting facility, waste bioconversion facility, rendering facility, pig farm, or other agricultural facility that uses food waste as animal feed or for other agricultural use, or any other facility that recycles food waste and is approved by the department for that purpose.

     "Recycling service" means a service or collection of services that includes the collection and transportation of food waste to a department-approved recycling facility by a refuse hauler or other company that collects the food waste, and the recycling or reuse of that food waste by a department-approved recycling facility, which may be operated by the company that collects and transports the food waste.

     "State facility" means a building or buildings or similar structure owned or leased by, or otherwise under the jurisdiction of, an agency.

     "Waste bioconversion facility" means a facility where food and other organic waste are converted into useable by-products.

     §342G‑    Recycling requirements.  An agency that serves prepared meals in a state facility shall arrange and provide for the separate collection of a minimum of fifty per cent or more of the total food waste generated, and for its recycling by a recycling facility; or separate a minimum of fifty per cent or more of the total food waste from all other solid waste generated by the food establishment and deliver the food waste to a recycling facility.

     §342G‑    Suspension of requirements.  The department may suspend the requirements of this part as follows:

     (1)  During the period of a work stoppage or any other interruption of recycling collection service to a state facility; or

     (2)  When the department determines that there are inadequate recycling facilities or that there is inadequate recycling capacity to dispose of the food waste being collected pursuant to this part.

     §342G‑    Implementation.  The department shall adopt rules in accordance with chapter 91 to implement this part.

     §342G‑    Inspection authorized.  Upon presentation of proper credentials, the department or the department's duly authorized representative may enter at reasonable times any building or premises of a state facility and inspect the books and records to determine compliance with the requirements of this part; provided that:

     (1)  The entry and inspection shall be made in such a manner as to cause the least possible inconvenience to the persons in possession of the property; and

     (2)  An order of a court authorizing the entry and inspection shall be obtained prior to entry or inspection if the entry or inspection is denied or resisted.

     §342G‑    Reporting requirements.  Effective January 1, 2006, and quarterly thereafter, each waste recycling facility shall report to the department for the quarter preceding:

     (1)  The total volume of food waste being recycled, and the average dollar amount the facility is charging per unit of weight or volume, if the facility both collected and disposed of food waste from a food establishment; and

     (2)  The amount of food waste, measured either by unit of weight or volume, which the facility recycled during the previous quarter.

     §342G‑    Donations of food.  Nothing in this part shall preclude a food establishment from donating leftover or unsold food that is safe to consume to a food bank.

     §342G‑    Dissemination of information.  The department shall ensure that a copy of this part, and any related ordinances or rules adopted pursuant to chapter 91, are made available to all agencies."

     SECTION 3.  There is appropriated out of the environmental response revolving fund the sum of $          , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the establishment and staffing of the food waste recycling program.

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

     SECTION 4.  This Act shall take effect on July 1, 2007.