HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO PACKAGING WASTE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. (a) The department of health shall conduct a study on the benefits and costs to implement extended producer responsibility in the State.
(b) The study shall analyze and evaluate the following:
(1) The implementation of extended producer responsibility in the State independent of other state and federal packaging extended producer responsibility initiatives;
(2) The implementation of extended producer responsibility packaging in the State in conjunction or synchronicity with other state and federal initiatives;
(3) The best science available relating to extended producer responsibility and best packaging practices;
(4) The costs and benefits to all stakeholders, including but not limited to the environment, consumers, taxpayers, government, and businesses;
(5) The potential benefits and drawbacks of implementing extended producer responsibility for packaging in the State;
(6) The feasibility of implementing extended producer responsibility for packaging in the State;
(7) The projected timeline for the implementation of extended producer responsibility for packaging in the State;
(8) The expected savings, if any, for the State and counties in costs relating to waste management and recycling in the implementation of extended producer responsibility packaging in the State; and
(9) Any other issues the department deems relevant.
(c) For the purposes of the study, the department of health may consult with other state departments and community organizations.
(d) The department of health shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2024.
SECTION 2. 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 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the department of health to conduct a study on the benefits and costs to implement extended producer responsibility in the State.
The sums appropriated shall be expended by the department of health for the purposes of this part.
SECTION 3. Chapter 339, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§339- Single-use plastic service ware; prohibited acts. (a) Beginning January 1, 2022, a full-service restaurant shall not provide single-use plastic service ware to a consumer unless requested by the consumer.
(b) Any full-service restaurant who violates this section shall be issued a notice of violation by the director for the first and second violations. For any subsequent violation, a full-service restaurant shall be subject to a fine imposed by the director of $25 per day of violation, not to exceed $300 during any calendar year. Any action taken to impose or collect the fines provided for in this section shall be considered an administrative action pursuant to chapter 91.
(c) For purposes of this section:
"Consumer" means a person who is a member of the public, takes possession of food or beverages, is not functioning in the capacity of an operator of a food facility, and does not offer the food or beverage for resale.
"Full-service restaurant" means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and where all of the following actions are taken by an employee of the establishment:
(1) The consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer's need for accommodation or other request;
(2) The consumer's food and beverage orders are taken after the consumer has been seated at the assigned seating area;
(3) The food and beverage orders are delivered directly to the consumer;
(4) Any requested items associated with the consumer's food or beverage order are brought to the consumer; and
(5) The check is delivered directly to the consumer at the assigned eating area.
"Plastic" means any material made of fossil fuel-derived or petrochemical polymeric compounds and additives that can be shaped by flow.
"Single-use plastic service ware" means any stirrers, straws, baran, and utensils, including forks, spoons, sporks, and knives. "Single-use plastic service ware" does not include items contained within or attached to packaging of food or beverages, including but not limited to disposable plastic straws pre-packaged and sold with beverage boxes or disposable utensils pre-packaged and sold with ice cream or salads.
"Utensils" means implements intended to assist in the consumption of food or drink."
SECTION 4. Chapter 342G, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . POSTCONSUMER RECYCLED CONTENT
§342G- Definitions. As used in this part:
(1) Water and flavored water;
(2) Beer or other malt beverages;
(4) Distilled spirits; and
(5) Mineral water, soda water, and similar carbonated soft drinks,
intended for human or animal consumption, and in a quantity more than or equal to two fluid ounces and less than or equal to one gallon.
"Beverage manufacturer" means a manufacturer of one or more beverages that are sold, offered for sale, or distributed in the State.
"Plastic beverage container" means a bottle or other rigid container comprised of one or multiple plastic resins and containing a beverage that is capable of maintaining its shape when empty. "Plastic beverage containers" shall not include:
(1) Refillable beverage containers;
(2) Rigid plastic containers or plastic bottles that are medical devices, medical products that are required to be sterile, prescription medicine, and packaging used for those products; and
(3) Bladders or pouches that contain wine.
"Postconsumer recycled content" means the content of a product made of recycled materials derived specifically from recycled material generated by households or by commercial, industrial, or institutional facilities in their role as end users of the product that can no longer be used for its intended purpose, including returns of material from the distribution chain.
"Refillable" means a beverage container that is sufficiently durable for multiple rotations of its original or similar purpose and is intended to function in a system of reuse.
§342G- Postconsumer recycled content; established; requirements. (a) Beginning January 1, 2023, beverage manufacturers that offer for sale, sell, or distribute beverages in plastic beverage containers in the State shall meet minimum postconsumer recycled content as required by this section.
(b) A beverage manufacturer that sells, offers for sale, or distributes plastic beverage containers in or into the State shall meet the following annual minimum postconsumer recycled plastic content on average for the total quantity of plastic beverage containers that are sold, offered for sale, or distributed in the State:
(1) No less than fifteen per cent postconsumer recycled plastic by weight by December 31, 2025;
(2) No less than twenty-five per cent postconsumer recycled plastic by weight by December 31, 2030; and
(3) No less than fifty per cent postconsumer recycled plastic by weight on and after January 1, 2031.
(c) The department shall enforce this part and, subject to chapter 91, may adopt rules with respect to:
(1) Adjusting the minimum postconsumer recycled content percentage required pursuant to this section;
(2) Reporting requirements by beverage manufacturers subject to this part;
(3) Providing penalties or fees; and
(4) Such other matters as may be necessary in order to implement this part."
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Department of Health; Extended Producer Responsibility; Single-use Plastic Service Ware; By Request; Postconsumer Recycled Content; Appropriation
Part I: Requires and appropriates funds for the department of health to conduct a study on the benefits and costs to implement extended producer responsibility in the State. Part II: Beginning January 1, 2022, prohibits full-service restaurants from providing single-use plastic service ware to consumers unless requested by the consumer. Part III: Beginning January 1, 2023, requires beverage manufacturers that offer for sale, sell, or distribute beverages in plastic beverage containers in the State to meet minimum postconsumer recycled content requirements. Effective 7/1/2050. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.