Report Title:

Integrate Solid Waste Management; Recycling

 

Description:

Permit the department of health to distribute excess moneys in the deposit beverage container deposit special fund to the counties to support the establishment and maintenance of recycling programs.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2711

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to integrated solid waste management.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that counties are facing serious challenges to manage solid waste and reduce waste to landfills.  Landfills are not sustainable options for waste management in island communities.  Alternative solutions, including material recycling, energy recycling, and composting can be far more beneficial but require significant resources to develop.  All of the counties need to make recycling easier and more accessible to the public, but limited funds are hampering their efforts to be more aggressive.  There is currently an excess of approximately $20,000,000 in the state deposit beverage container deposit special fund, which is the result of unclaimed and unutilized deposits that have accumulated since the beginning of the program in January 2005.

     The legislature further finds that the counties can increase the amount of deposit beverage containers, or HI-5 containers, that are recycled through the deposit beverage container program, and the amount of other materials that are recycled, by promoting the use of community recycling bins, implementing curbside collection programs, providing assistance to multi-family complexes, providing assistance to businesses, and establishing public recycling receptacles.

     The purpose of this Act is to permit the department of health to distribute excess moneys in the deposit beverage container deposit special fund to the counties to support the establishment and maintenance of recycling programs.

     SECTION 2.  Section 342G-104, Hawaii Revised Statutes, is amended to read as follows:

     "§342G-104  Deposit into deposit beverage container deposit special fund; use of funds.  (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)  All revenues generated from the deposit beverage container deposit as described under sections 342G-105 and 342G-110; and

     (3)  All accrued interest from the fund.

     (b)  Moneys in the deposit beverage container deposit special fund shall be used to reimburse refund values, pay handling fees to redemption centers, fund the reverse vending machine rebate program under section 342G-102.5, and fund the redemption center and recycling infrastructure improvement program established pursuant to section 342G-114.5.  The department may also use the money to:

     (1)  Fund administrative, audit, and compliance activities associated with collection and payment of the deposits and handling fees of the deposit beverage container program;

     (2)  Conduct recycling education and demonstration projects;

     (3)  Promote recyclable market development activities;

     (4)  Support the handling and transportation of the deposit beverage containers to end-markets;

     (5)  Hire personnel to oversee the implementation of the deposit beverage container program, including permitting and enforcement activities; [and]

     (6)  Support the implementation and operation of county‑run recycling programs; and

    [(6)] (7)  Fund associated office expenses.

     (c)  Any funds that accumulate in the deposit beverage container deposit special fund shall be retained in the fund unless determined by the auditor to be in excess, after adjustments to the deposit beverage fee, pursuant to the management and financial audits conducted in accordance with section 342G-107.

     (d)  Any funds determined by the auditor to be excess pursuant to subsection (c) shall constitute abandoned deposits and shall be allocated to the counties pursuant to subsections (e) and (f), to be used to support the implementation and operation of county-run recycling programs; provided that in determining the amount of funds to be dispersed to a county, the department shall prorate the abandoned deposits based on the amount of deposit beverage container deposits collected in that county.

     (e)  At the end of fiscal year 2008, fifty per cent of any funds that remain in the deposit beverage container deposit special fund and that are determined by the auditor to be excess pursuant to subsection (c) shall be allocated by the department to the counties on a prorated basis, as set forth in subsection (d).

     (f)  At the end of fiscal year 2009 and each fiscal year thereafter, one hundred per cent of any funds that remain in the deposit beverage container deposit special fund and that are determined by the auditor to be excess shall be allocated by the department to the counties on a prorated basis, as set forth in subsection (d)."

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

     SECTION 4.  This Act shall take effect upon its approval; provided that the amendments made to section 342G‑104, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed on June 30, 2009, pursuant to section 6 of Act 228, Session Laws of Hawaii 2005, as amended by section 2 of Act 231, Session Laws of Hawaii 2006.

 

INTRODUCED BY:

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