Report Title:

Solid Waste; Deposit Beverage Container Redemption

Description:

Makes the redemption center requirements of the deposit beverage container law applicable to dealers located in rural areas and dealers located within two miles of a certified redemption center in a high density population area.

HOUSE OF REPRESENTATIVES

H.B. NO.

1913

TWENTY-THIRD LEGISLATURE, 2006

 

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 to read as follows:

"§342G-113 Redemption of empty deposit beverage containers. (a) Except as provided in subsection (b), a dealer shall:

(1) Operate a redemption center by July 1, 2005, and shall accept all types of empty deposit beverage containers with a Hawaii refund value;

(2) Pay to the redeemer the full refund value for all deposit beverage containers that bear a valid Hawaii refund value; and

(3) Ensure each deposit beverage container collected is recycled, and forward documentation necessary to support claims for payment as stated in section 342G-119 or rules adopted under this part.

(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;

[(4)] (2) Whose sales of deposit beverage containers are only via vending machines;

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

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

[(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.

(c) Regardless of the square footage of a dealer's place of business, dealers who are not redemption centers shall post a clear and conspicuous sign at the primary public entrance of the dealer's place of business that specifies the name, address, and hours of operation of the closest redemption center locations.

(d) If there is no redemption center within the two-mile radius of a dealer [due to the criteria described in subsection (b)], then the respective county and the State shall determine the need for a redemption center in that area. If a redemption center is deemed necessary, then the State, with assistance from the county, shall establish the redemption center with funding from the deposit beverage container deposit special fund.

(e) Businesses that sell deposit beverages for on-premises consumption, such as hotels, bars, and restaurants, shall collect used deposit beverage containers from the patron and either use a certified redemption center for the collection of containers or become a certified redemption center."

SECTION 2. Notwithstanding the July 1, 2005 deadline established by section 342G-113(a)(1), Hawaii Revised Statutes, any dealer who was exempt under section 342G-113(b), Hawaii Revised Statutes, prior to the enactment of this Act and who is:

(1) 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; or

(2) Located in a rural area, as defined by rule,

shall operate a redemption center by January 1, 2007.

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

SECTION 4. This Act shall take effect on July 1, 2006.

INTRODUCED BY:

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