2016 Hawaii Proposed Laws
Senate Bill 175
| Bill Number and Name | Hawaii Senate Bill 175 – Changes to Payment Criteria for Redemption Centers |
|---|---|
| Primary Sponsor | Dela Cruz |
Activity
Died in committee
1/21/2016 Re-referred to EET/CPH, WAM committees (Economic Development, Environment, and Technology/Commerce, Consumer Protection, and Health, Ways and Means)
12/17/2015 Carried over to 2016 Regular Session
1/23/2015 Introduced
Summary
Currently, Hawaii’s Deposit Beverage Container Program pays individual redemption centers based on the count of containers reported by each redemption center.
This bill proposes to require the Department of Health (DOH) to pay redemption centers based upon only the weight of containers the redemption centers submit for recycling as verified by shipping reports from the redemption center to recyclers. This legislation seeks to implement a back-end payment system in order to remedy the issue of over-payments.
Deposits and Fees
Remains unchanged; handling fees would need to be calculated, verified, and paid by the DOH
Beverages Covered
Remains unchanged
Redemption System
Remains unchanged
Penalties
Remains unchanged
Hawaii 2013 Bills
Hawaii's existing deposit law is up for review again this year, with two bills to expand the accepted container size and beverage types.
One bill, to add dietary supplements to the covered beverages, was signed into law.
The 2013 Expansion Bill
| Bill Number and Name | HB1062, SB1271 |
|---|---|
| Sponsors | SOUKI |
| Beverages Covered | Adds wine, spirits, and milk and other dairy-derived products |
| Containers Covered | Increases size of accepted containers from 68 to 128 oz. |
Details
Also adds "use in building materials" as an accepted destination for recovered glass.
Progress
1/24/2013 Both bills Introduced and Passed First Reading
1/28/2013 Referred to EEP/HLT in House, ENE/HTH in Senate
2/13/2013 The House committee(s) on EEP/HLT recommend(s) that the measure be deferred.
The Supplements Bill
| Bill Number and Name | SB1133, HB 902 |
|---|---|
| Sponsors | KIM |
| Beverages Covered | Adds dietary supplements |
Details
Dietary supplements are added to the deposit beverage container program (to include such drinks as vitamin water), as long as they are greater than 1 oz. and not intended as meal replacements.
Progress
1/24/2013 House and Senate bills Introduced and referred to committees
After several minor amendments, this bill was passed in the Senate and the House by May 2. The governor signed the bill on July 2, 2013.
The 2013 Container Fee Bill
Details
Claiming that the deposit beverage container program is "poorly managed," leading to an overestimate of the redemption rate, this bill proposes to reduce the Deposit Beverage Container Fee to 1¢ (it was increased to 1.5¢ last year). It also prevents any further increase to the container fee "to the time that the department of health has addressed all of the recommendations of the auditor pursuant to the State of Hawaii Deposit Beverage Container Deposit Special Fund Financial and Program Audit of 2010."
Progress
January 24, 2013: Introduced and Passed First Reading
January 28, 2013: Referred to EEP/HLT, FIN
February 13, 2013: The committee(s) on EEP/HLT recommend(s) that the measure be deferred.
The 2013 Exemption Bill
| Bill Number and Name | SB 1130 / HB 899 |
|---|---|
| Sponsors | KIM |
Details
Exempts the Deposit Beverage Container Fund from the Central Services Assessment. The Central Services Assessment requires 5% of the money in special funds to be transferred to the General Fund. This bill would allow the Deposit Beverage Container Fund to keep that 5%.
Progress
January 24, 2013: House and Senate Bills Introduced
Basically unchanged by several amendments, this bill was passed by the House and Senate on May 2 and was signed into law on July 2.
The 2013 Repeal Resolution
| Bill Number and Name | House Concurrent Resolution 230 |
|---|---|
| Sponsors | CHEAPE, FALE, FUKUMOTO, JOHANSON, McKelvey |
| Reclamation System | Proposes replacing the deposit system entirely with curbside recycling |
Details
Citing numerous failings and inefficiencies of the existing container deposit system, this resolution expresses the House's support of the phaseout of the current law and its replacement with statewide curbside recycling.
Progress
March 13, 2013 Introduced
March 19, 2013 Referred to EEP, EDB, FIN
Hawaii 2011 Campaign
Hawaii outdid itself this year, with a total of 5 bills related to its deposit law! One seeks simply to repeal the law and end the system entirely. The other bills feature varying degrees of expansion of covered beverages.
The most common area of revision is the portion of the law which exempts dietary supplements from the deposit program. The preponderance of "energy" drinks in recent years, and their consumption patterns, have inspired legislature to add them to the system. The supplements-only bills made the most progress over the session, but all 5 bills were carried over to the 2012 session for further consideration.
| Bill Number and Name | SB 875 |
|---|---|
| Sponsors | Sam Slom |
| Reclamation System | Repeals the deposit system |
Details
Repeals the deposit beverage container program and requires that all moneys collected under the program lapse into the general fund. Repeals the requirement that counties return unused monies distributed by the State for glass recovery programs if not used by the end of each annual contract period.
Progress
January 21, 2011: Introduced:
January 24, 2011: Passed first reading, referred to Energy and Environment and Ways and Means
December 1, 2011: Carried over to 2012 session
The Wine, Spirits, Supplements, and Dairy Bill
| Bill Number and Name | SB 577 |
|---|---|
| Sponsors | TSUTSUI, Fukunaga, Ige, Ryan, Solomon |
| Beverages Covered | Adds milk and dairy, and dietary supplements |
| Containers Covered | Expanded up to 128 fl. oz. |
Details
Expands the types of beverage containers accepted in the deposit beverage container program and makes conforming amendments to the glass beverage containers subject to the glass advance disposal fee. Sets forth a timetable for implementation of the expansion.
Progress
January 21, 2011: Introduced.
January 24, 2011: Passed First Reading. Referred to Health, Energy and Environment, Ways and Means
January 26, 2011: Re-Referred to Energy and Environment, Ways and Means
February 8, 2011: Public hearing scheduled; the committee on Energy and Environment deferred the measure.
December 1, 2011: Carried over to 2012 Regular Session.
The Wine, Spirits, and Supplements Bill
| Bill Number and Name | SB 178 |
|---|---|
| Sponsors | GABBARD, CHUN OAKLAND, KIDANI, English, Galuteria, Nishihara |
| Beverages Covered | Adds dietary supplements, wine, and spirits |
Progress
January 21, 2011: Introduced and passed first reading
January 24, 2011: Referred to Health and Ways and Means committees
January 31, 2011: Public hearing scheduled and deferred
December 1, 2011: Carried over to 2012 Regular Session.
The Wine & Spirits Bill
| Bill Number and Name | HB 1365 |
|---|---|
| Sponsors | MORITA, COFFMAN, MORIKAWA, McKelvey |
| Beverages Covered | Adds wine and hard spirits |
Progress
January 26, 2011: Introduced
January 28, 2011: Referred to Energy & Environmental Protection/ Economic Revitalization & Business, and Finance committees
December 1, 2011: Carried over to 2012 Regular Session.
The Supplements Bill
| Bill Number and Name | SB 179, HB 1364 |
|---|---|
| Sponsors | GABBARD, CHUN OAKLAND, KIDANI, KOUCHI, English, Nishihara |
| Beverages Covered | Adds dietary supplements |
Progress
January 21, 2011: SB 179 Introduced and passed first reading.
January 24, 2011: SB 179 Referred to Health and Ways and Means committees
January 26, 2011: SB 179 Referred to Energy and Environment and Ways and Means. HB 1364 Introduced and passed first reading
January 28, 2011: HB 1364 Referred to Energy & Environmental Protection and Economic Revitalization & Business
February 8, 2011: SB 179 At a public hearing, the Committee on Energy and Environment recommended the bill be passed.
February 15, 2011: SB 179 Passed out of Energy and Environment, passed second reading, referred to Ways and Means. HB 1364 Committees on Energy & Environmental Protection and Economic Revitalization and Business recommend that the bill be passed.
February 17, 2011: HB 1364 Passed out of committee, passed second reading, referred to Finance committee
March 8, 2011: SB 179 Passed third reading, transmitted to House
March 10, 2011: SB 179 Referred to House EEP/ERB, FIN committees
December 1, 2011: Carried over to 2012 Regular Session.
2010 Hawaii bills
Three bills were introduced in Hawaii this year related to the deposit law. One - which would have added hard spirits and wine to the list of covered beverages - was killed early in the session. Another would add nutritional drinks and supplements. Still another would allow money in the beverage container fund to be used for additional purposes.
Wine Bill
| Bill Number and Name | HB1975 |
|---|---|
| Primary Sponsor | MAGAOAY, CABANILLA, COFFMAN, EVANS, MORITA, Ito, B. Oshiro, Sagum, Say, Souki |
| Beverages Covered | Adds hard spirits and wine |
Details
This bill, whose only provision was that wine and hard spirits be added to Hawaii's definition of a deposit beverage, was killed in committee before we even heard of its existence.
Progress
January 20, 2010: Introduced and referred to EEP/EBM committee
February 9, 2010: At hearing, the committee recommended the bill be deferred.
Dietary Supplements Bill
| Bill Number and Name | House Bill 2239 |
|---|---|
| Primary Sponsor | MORITA, BELATTI, CABANILLA, CHANG, CHING, COFFMAN, HAR, C. LEE, LUKE, MANAHAN, THIELEN, Chong, Ito, McKelvey, Sagum |
| Beverages Covered | Adds dietary supplements |
Details
With the rationale that many drinks marketed as "energy" or "dietary" supplements are very similar to sports drinks and other beverages covered by the deposit law, this bill would add a deposit to drinks defined as "dietary supplements" under the Dietary Supplement Health and Education Act of 1994.
On June 21, Governor Lingle announced her intention to veto the bill, because it added cost to healthy drinks. She also referred to the bottle bill as "expensive" and "ineffective" despite redemption rates over 80%. The Container Recycling Institute sent a letter to the legislature, urging them to consider the numerous environmental benefits of the bill and to override the expected veto. The governor vetoed this bill on July 6, stating that it would be difficult to implement and that it would inconvenience consumers and cost them money. Read the veto message.
Progress
January 21, 2010: Introduced in House
January 22, 2010: Referred to EEP
January 28, 2010: Passed out of EEP committee
February 1, 2010: Passed second reading and referred to FIN
February 26, 2010: Passed FIN
March 2, 2010: Passed third reading and referred to Senate
March 3, 2010: Passed first reading in Senate and referred to ENE
March 9, 2010: Passed out of ENE committee with amendments
March 16, 2010: Passed second reading and referred to WAM committee
April 1, 2010: Reported out of WAM with amendments
April 6, 2010: Passed 3rd reading, referred to House.
April 7, 2010: House disagreed with Senate Amendments, referred to conference committee
April 21, 2010: Reported out of Conference Committee with amendments and referred to House and Senate
April 27, 2010: Passed final readings in House and Senate
May 3, 2010: Transmitted to governor
July 6, 2010: Vetoed by governor
Funding Bill
| Bill Number and Name | House Bill 2542 |
|---|---|
| Primary Sponsor | SAY (BR) |
| Unredeemed Deposits | Allows up to 1 million dollars to be transferred from the deposit beverage container deposit special fund to the state general fund |
Details
"The Recession of 2008" inflicted damage on Hawaii's state budget. This bill authorizes the director of finance to transfer money from a variety of funds, including the beverage container fund, into the state general fund for the fiscal year 2010 to 2011. Pending the governor's signature, the bill will come into effect July 1, 2010.
The bill passed into law on July 7, authorizing the director of finance to transfer 1 million dollars from the Deposit Beverage Container Fund to the general fund.
Progress
January 27, 2010: Introduced in House and referred to FIN committee
February 26, 2010: Passed out of committee with amendments and passed second reading
March 2, 2010: Passed third reading, referred to Senate
March 3, 2010: Passed first Senate reading and referred to WAM committee
April 1, 2010: Passed from WAM with amendments and passed second reading
April 6, 2010: Amended on Senate floor
April 8, 2010: Passed third reading, referred to House; House disagreed with Senate amendments
April 9, 2010: Referred to conference committee meeting
April 23, 2010: Amended by conference committee
April 27, 2010: Passed final reading in House and Senate
May 3, 2010: Transmitted to governor
July 7, 2010: Passed into law without signature
Support Hawaii's Bottle Bill
Hawaii is the 11th state to establish a beverage container deposit system. The bottle bill passed the 2002 Legislature and was signed into law by Governor Ben Cayetano. The deposit system began January 2005, and is expected to increase recycling rates to over 80% and to significantly reduce litter. The 5-cent deposit will be applied to all beverages in glass, plastic and metal containers. Milk, wine and spirits are exempt.
The State Department of Health will administer the program and manage the funds, working with representatives from local businesses and industries that will be affected by the deposit law to develop the administrative rules that will guide the system's operations.
May 27, 2004
The deposit amendment (SB 1611) passed the Legislature with no delay to the bottle bill implementation date which is January 1, 2005. In addition to the clarifying/house-keeping elements in the bill, language to block raids on the deposit fund for general fund use and temporary administrative rules were inserted as well. SB1611 is now on the governor's desk where she has the option to sign, veto or simply allow it to pass into law without her signature.
The State Department of Health, recycling companies and counties can now step up efforts to prepare for implementation January 1, 2005. Recycling companies are working diligently to site redemption centers on all islands.
Certain components of Hawaii's Beverage Deposit Law will be implemented earlier than the January 1 start date -- thanks to passage of SB1611 CD1. Specifically, in November and December, local food retailers will begin stocking their shelves with deposit containers (and charging shoppers for the deposit) as they sell out of non-deposit containers. This will allow vendors ample time to get ready for January 1, 2005, the date when they will be required by law to stock only deposit beverage containers.
Hawaii residents must wait until January 1, 2005 to redeem their bottles and cans for the nickel deposit. You can expect to see deposit "redemption centers" in operation by October, however, accepting non-deposit containers to put their systems through a dry run. As the program grows, and participation and redemption patterns emerge, individual stores may begin to offer redemption service and host reverse vending machines. There is no doubt that the "bottle bill" will take some time to adjust to -- on behalf of drinkers and retailers alike. But, in time, once we see higher and higher recycling rates, and fewer and fewer bottles and cans littering our roadways and beaches, we'll wonder why we didn't pass the law years ago.
Opponents of the law pressed for a repeal during the 2004 legislative session. The debate over the deposit system is likely to continue.
News and Updates
- Postings at http://www.opala.org/BottleBill/Container_Legislation.htm will keep current with progress and the history of the work in Hawaii.
- Sierra Club to beverage industry: Why the holdup? Bottle law proponents call industry's bluff on delay in labeling and redemption centers Press Release. April 27th, 2004
- Bottle Bill must be salvaged Op-Ed, Honolulu Advertiser, Suzanne Jones, 4/23/04
- Bottle bill gives Hawaii new label -- HI 5 ¢ Pacific Business News, Nina Wu, 5/7/04
- Rolloffs Hawaii article (168Kb) Midweek News
- 'Bottle bill' opponents want to confuse us (PDF, 64.9 KB) Honolulu Advertiser , 4/29/04
- EPA to honor 44 Western Environmental Heroes (Press Release) 4/21/03
Source: Opala.org (the Hawaiian word for garbage) -- the website of the City and County of Honolulu's Refuse Division
Other related websites: http://www.bottlebillhawaii.org/
HI State Department of Health
For more information contact:
Jeffrey Mikulina
Director, Sierra Club, Hawai'i Chapter
tel: 808.538.6616
www.hi.sierraclub.org
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