Report Title:

Bottle Bill, Dealer Redemption Center, Exemption

Description:

Provides waiver application process for dealers required to operate bottle redemption centers. Requires adoption of rules, including prompt review of waiver, renewal of waiver, and method to revoke waiver.

THE SENATE

S.B. NO.

1611

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM.

 

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 from a dealer;

(2) Who is located in a rural area as defined by rule;

(3) Who subcontracts with a certified redemption center for operation on the dealer's premises;

(4) Whose sale of deposit beverage containers are only via vending machines;

(5) Whose place of business is less than five thousand square feet of interior space;

(6) Who can demonstrate physical hardship, or financial hardship, or both, based on specific criteria established in rules; [or]

(7) Whose application for a one-year waiver based on a less costly or more efficient plan for the dealer's area is accepted by the department; provided that the department shall adopt rules under chapter 91 establishing criteria for judging such plans, which rules shall include provision of a prompt review by the department of a waiver request, provisions for renewal of the waiver, and provisions for review and withdrawal of the waiver upon a substantiated allegation from a resident that the plan is more costly or less efficient than a dealer-operated redemption center; and

[(7)] (8) Who meet other criteria established by the director.

Notwithstanding paragraphs (1) and (2), the director may allow the placement of redemption centers at greater than prescribed distances to accommodate geographical features while [assuring] ensuring adequate consumer convenience."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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