Report Title:

Deposit Beverage Container Fee; Repeal

Description:

Repeals the deposit beverage container fee within the deposit beverage container program.

THE SENATE

S.B. NO.

1069

TWENTY-THIRD LEGISLATURE, 2005

 

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-104, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established in the state treasury the deposit beverage container deposit special fund, into which shall be deposited:

[(1) All revenues generated from the deposit beverage container fee as described under sections 342G-102 and 342G-105;]

[(2)] (1) All revenues generated from the deposit beverage container deposit as described under sections 342G-105 and 342G-110; and

[(3)] (2) All accrued interest from the fund."

SECTION 2. Section 342G-105, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

(b) The amount due from deposit beverage distributors shall be the net number of deposit beverage containers imported or manufactured into the State (the total number of containers imported or manufactured less the total number of containers exported for consumption outside the State) multiplied by [the sum of the prevailing deposit beverage container fee and] the refund value of 5 cents. Payment shall be made by check or money order payable to the "Department of Health, State of Hawaii". All inventory reports and payments shall be made no later than the fifteenth day of the month following the end of the payment period of the previous month."

SECTION 3. Section 342G-110, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Deposit beverage distributors who are required under subsection (c) to pay a deposit shall also [pay a deposit beverage container fee and] register with the State."

SECTION 4. Section 342G-102, Hawaii Revised Statutes, is repealed.

["§342G-102 Deposit beverage container fee. (a) Beginning on October 1, 2002, every deposit beverage distributor shall pay to the department a deposit beverage container fee on each polyethylene terephthalate, high density polyethylene, or metal deposit beverage container manufactured in or imported into the State. The fee shall be imposed only once on the same deposit beverage container. The fee shall be 0.5 cents per deposit beverage container.

(b) Beginning on October 1, 2004, every deposit beverage distributor shall pay to the department a deposit beverage container fee on each deposit beverage container manufactured in or imported into the State. The deposit beverage container fee shall not apply to deposit beverage containers exported for sale outside of the State. The fee shall be imposed only once on the same deposit beverage container. The fee shall be 1 cent per deposit beverage container.

(c) No county shall impose or collect any assessment or fee on deposit beverage containers for the same or similar purpose that is the subject of this chapter.

(d) Beginning January 1, 2005, and every August 1 thereafter, the department shall notify deposit beverage distributors in writing of the amount of the deposit beverage container fee. The effective date of changes to the fee amount shall be September 1. The fee shall be based on the redemption rate calculated annually based on the redemption rate information submitted to the department for the previous period of July 1 through June 30. The fee amount shall be as follows:

(1) If the redemption rate is seventy per cent or less: 1 cent per container; and

(2) If the redemption rate is greater than seventy per cent: 1.5 cents per container.]"

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, 2005.

 

 

 

INTRODUCED BY:

 

 

 

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