Hawaii 2013 bill text

HB1062

relating to integrated solid waste management

The following text was found at http://www.capitol.hawaii.gov/session2013/bills/HB1062_.htm
This is the companion bill to SB1271: http://www.capitol.hawaii.gov/session2013/bills/SB1271_.htm

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

 


     SECTION 1.  Section 342G-81, Hawaii Revised Statutes, is amended by amending the definitions of "deposit glass beverage container" and "glass recovery program" to read as follows:

     ""Deposit glass beverage container" means:

     (1)  The individual, separate, sealed, glass container used for containing, at the time of import, [sixty-eight] one hundred twenty-eight fluid ounces or less of a beverage; or

     (2)  The empty, individual, separate glass container that will be filled with [sixty-eight] one hundred twenty-eight fluid ounces or less of a beverage and sealed in this State, so that these glass beverage containers will be subject to part VIII.

     "Glass recovery program" means a program for glass recovery and reuse for purposes including but not limited to:

     (1)  Glass container reuse or recycling whereby containers are refilled, processed for shipment out of the State, or crushed into aggregate substitute; [and]

     (2)  Use in roadway materials or concrete as provided in this part[.]; and

     (3)  Use in building materials."

     SECTION 2.  Section 342G-82, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Every glass container importer shall pay to the department an advance disposal fee.  The fee shall be imposed only once on the same glass container and shall not be assessed on drinking glasses, cups, bowls, plates, ashtrays, and similar tempered glass containers.  For the period beginning September 1, 1994, the fee shall be one and one-half cents per glass container.  Beginning October 1, 2004, the glass advance disposal fee shall only apply to glass containers that are not [glass] deposit glass beverage containers."

     SECTION 3.  Section 342G-101, Hawaii Revised Statutes, is amended by amending the definitions of "deposit beverage" and "deposit beverage container" to read as follows:

     ""Deposit beverage" means beer, ale, or other drink produced by fermenting malt, spirits, mixed spirits, wine, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, milk and all other diary-derived products, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container.

     The term "deposit beverage" excludes the following:

     (1)  A liquid which is:

         (A)  A syrup;

         (B)  In a concentrated form; or

         (C)  Typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments;

     (2)  A liquid which is a drug, medical food or infant formula as defined by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §301 et seq.);

     (3)  A liquid which is designed and consumed only as a dietary supplement and not as a beverage as defined in the Dietary Supplement Health and Education Act of 1994 (P.L. 103-417);

     (4)  Products frozen at the time of sale to the consumer, or, in the case of institutional users such as hospitals and nursing homes, at the time of sale to the users;

     (5)  Products designed to be consumed in a frozen state;

     (6)  Instant drink powders; and

     (7)  Seafood, meat, or vegetable broths, or soups, but not juices[; and

     (8)  Milk and all other dairy-derived products, except tea and coffee drinks with trace amounts of these products].

     "Deposit beverage container" means the individual, separate, sealed glass, polyethylene terephthalate, high density polyethylene, or metal container less than or equal to [sixty-eight] one hundred twenty-eight fluid ounces, used for containing, at the time of sale to the consumer, a deposit beverage intended for use or consumption in this State."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on January 1, 2014.

SB1133:

First Amended Version

The following text was found at http://www.capitol.hawaii.gov/session2013/bills/SB1133_SD1_.htm
This bill is the companion to HB902, found at http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=902&year=2013

The text here is from SB1133 SD1 (the first amended version)
See below for the final engrossed version.

RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM.

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


     SECTION 1.  The purpose of this Act is to include energy and dietary supplement beverage containers in the deposit beverage container program.

     SECTION 2.  Section 342G-1, Hawaii Revised Statutes, is amended by amending the definition of "deposit beverage" to read as follows:

     ""Deposit beverage" means beer, ale, or other drink produced by fermenting malt, mixed spirits, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container.

     The term "deposit beverage" excludes the following:

     (1)  A liquid [which] that is:

         (A)  A syrup;

         (B)  In a concentrated form; or

         (C)  Typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments;

     (2)  A liquid [which] that is ingested in very small quantities and which is consumed for medicinal purposes only;

    [(3)  A liquid which is designed and consumed only as a nutritional dietary supplement as defined in the Dietary Supplement Health and Education Act of 1994 (P.L. 103-417) and not as a beverage;

     (4)] (3)  Products frozen at the time of sale to the consumer, or, in the case of institutional users such as hospitals and nursing homes, at the time of sale to the users;

    [(5)] (4)  Products designed to be consumed in a frozen state;

    [(6)] (5)  Instant drink powders;

    [(7)] (6)  Seafood, meat, or vegetable broths, or soups, but not juices; and

    [(8)] (7)  Milk and all other dairy-derived products, except tea and coffee drinks with trace amounts of these products."

     SECTION 3.  Section 342G-101, Hawaii Revised Statutes, is amended by amending the definition of "deposit beverage" to read as follows:

     ""Deposit beverage" means beer, ale, or other drink produced by fermenting malt, mixed spirits, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container.

     The term "deposit beverage" excludes the following:

     (1)  A liquid [which] that is:

         (A)  A syrup;

         (B)  In a concentrated form; or

         (C)  Typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments;

     (2)  A liquid [which] that is a drug, medical food, or infant formula as defined by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §301 et seq.);

    [(3)  A liquid which is designed and consumed only as a dietary supplement and not as a beverage as defined in the Dietary Supplement Health and Education Act of 1994 (P.L. 103-417);

     (4)] (3)  Products frozen at the time of sale to the consumer, or, in the case of institutional users such as hospitals and nursing homes, at the time of sale to the users;

    [(5)] (4)  Products designed to be consumed in a frozen state;

    [(6)] (5)  Instant drink powders;

    [(7)] (6)  Seafood, meat, or vegetable broths, or soups, but not juices; and

    [(8)] (7)  Milk and all other dairy-derived products, except tea and coffee drinks with trace amounts of these products."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act, upon its approval, shall take effect on January 1, 2014.

Senate Bill 1133, final version

The following text was found at http://www.capitol.hawaii.gov/session2013/Bills/SB1133_CD1_.HTM

RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM.

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


     SECTION 1.  The purpose of this Act is to include energy and dietary supplement beverage containers in the deposit beverage container program.

     SECTION 2.  Section 342G-1, Hawaii Revised Statutes, is amended by amending the definition of "deposit beverage" to read as follows:

     ""Deposit beverage" means beer, ale, or other drink produced by fermenting malt, mixed spirits, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container.

     The term "deposit beverage" excludes the following:

     (1)  A liquid [which] that is:

          (A)  A syrup;

          (B)  In a concentrated form; or

         (C)  Typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments;

     (2)  A liquid [which] that is ingested in very small quantities and which is consumed for medicinal purposes only;

     (3)  A [liquid which is designed and consumed only as a nutritional] single serving of one ounce or less of a dietary supplement as defined in the Dietary Supplement Health and Education Act of 1994 (P.L. 103‑417) [and not as a beverage];

     (4)  A liquid that the department finds to be the sole item of a meal or diet;

    [(4)] (5)  Products frozen at the time of sale to the consumer, or, in the case of institutional users such as hospitals and nursing homes, at the time of sale to the users;

    [(5)] (6)  Products designed to be consumed in a frozen state;

    [(6)] (7)  Instant drink powders;

    [(7)] (8)  Seafood, meat, or vegetable broths, or soups, but not juices; and

    [(8)] (9)  Milk and all other dairy-derived products, except tea and coffee drinks with trace amounts of these products."

     SECTION 3.  Section 342G-101, Hawaii Revised Statutes, is amended by amending the definition of "deposit beverage" to read as follows:

     ""Deposit beverage" means beer, ale, or other drink produced by fermenting malt, mixed spirits, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container.

     The term "deposit beverage" excludes the following:

     (1)  A liquid [which] that is:

          (A)  A syrup;

          (B)  In a concentrated form; or

          (C)  Typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments;

     (2)  A liquid [which] that is a drug, medical food, or infant formula as defined by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §301 et seq.);

     (3)  A [liquid which is designed and consumed only as a] single serving of one ounce or less of a dietary supplement [and not as a beverage] as defined in the Dietary Supplement Health and Education Act of 1994 (P.L. 103-417);

     (4)  A liquid that the department finds to be the sole item of a meal or diet;

    [(4)] (5)  Products frozen at the time of sale to the consumer, or, in the case of institutional users such as hospitals and nursing homes, at the time of sale to the users;

    [(5)] (6)  Products designed to be consumed in a frozen state;

    [(6)] (7)  Instant drink powders;

    [(7)] (8)  Seafood, meat, or vegetable broths, or soups, but not juices; and

    [(8)] (9)  Milk and all other dairy-derived products, except tea and coffee drinks with trace amounts of these products."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2014.

 

House Bill 1021

The following text was found at http://www.capitol.hawaii.gov/session2013/bills/HB1021_.htm

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


     SECTION 1.  The legislature finds that, according to the audit of the deposit beverage container program, the program is poorly managed.  One of the key findings of the report is the overreliance on the self-reporting of bottle distributors and redemption centers.  Further, four redemption centers that were part of the audit refused to provide support for amounts redeemed and requested reimbursements.

     Accordingly, the legislature finds that the suspected over-reporting by redemption centers and under-reporting by distributors likely resulted in an overestimate of the redemption rate and subsequent increase in the deposit beverage container fee.  Further, the increase of the deposit beverage container fee does not resolve the oversight challenges noted in the audit but does result in fee payers shouldering an increased financial burden due to the lack of oversight.

     The purpose of this Act is to ensure that problems associated with the deposit beverage container program are resolved through corrective actions rather than fiscal solutions that perpetuate the underlying nonfeasance.

     SECTION 2.  (a)  Notwithstanding section 342G-102, Hawaii Revised Statutes, or any other statute or rule to the contrary, the director of health shall set the deposit beverage container fee assessed on deposit beverage distributors at one cent per container during the period from the effective date of this Act 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.

     (b)  Notwithstanding any provision to the contrary, any statute or rule that provides for an automatic increase to the deposit beverage container fee as a result of a certain redemption rate shall not be effective during the period from the effective date of this Act 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.

     (c)  There shall be no exception to the requirements of subsections (a) and (b).

SECTION 3.  The department of health shall submit a report to the legislature, no later than twenty days prior to the convening of the regular session of 2014, regarding the actions taken to address the recommendations of the auditor pursuant to the State of Hawaii Deposit Beverage Container Deposit Special Fund Financial and Program Audit of 2010 and make findings and recommendations, including any proposed legislation.

     SECTION 4.  This Act shall take effect upon its approval.

House Bill 899 HD2 SD2 CD1 (final version)

This text was found at http://www.capitol.hawaii.gov/session2013/Bills/HB899_CD1_.HTM

The companion bill can be found at http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=1130&year=2013

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


     SECTION 1.  Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)Except as provided in this section, and notwithstanding any other law to the contrary, from time to time, the director of finance, for the purpose of defraying the prorated estimate of central service expenses of government in relation to all special funds, except the:

     (1)  Special out-of-school time instructional program fund under section 302A-1310;

     (2)  School cafeteria special funds of the department of education;

     (3)  Special funds of the University of Hawaii;

     (4)  State educational facilities improvement special fund;

     (5)  Convention center enterprise special fund under section 201B-8;

     (6)  Special funds established by section 206E-6;

     (7)  Housing loan program revenue bond special fund;

     (8)  Housing project bond special fund;

     (9)  Aloha Tower fund created by section 206J-17;

    (10)  Funds of the employees' retirement system created by section 88-109;

    (11)  Unemployment compensation fund established under section 383-121;

    (12)  Hawaii hurricane relief fund established under chapter 431P;

    (13)  Hawaii health systems corporation special funds and the subaccounts of its regional system boards;

    (14)  Tourism special fund established under section 201B-11;

    (15)  Universal service fund established under section 269-42;

    (16)  Emergency and budget reserve fund under section 328L-3;

    (17)  Public schools special fees and charges fund under section 302A-1130;

    (18)  Sport fish special fund under section 187A-9.5;

    (19)  Glass advance disposal fee established by section 342G-82;

    (20)  Center for nursing special fund under section 304A-2163;

    (21)  Passenger facility charge special fund established by section 261-5.5;

    (22)  Court interpreting services revolving fund under section 607-1.5;

    (23)  Hawaii cancer research special fund;

    (24)  Community health centers special fund;

    (25)  Emergency medical services special fund;

    (26)  Rental motor vehicle customer facility charge special fund established under section 261-5.6;

    (27)  Shared services technology special fund under section 27-43; [and]

    (28)  Automated victim information and notification system special fund established under section 353-136[,]; and

    (29)  Deposit beverage container deposit special fund under section 342G-104,

shall deduct five per cent of all receipts of all special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State.  All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers.  To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund.  No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year."

     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; provided that the amendments made to section 36-27(a), Hawaii Revised Statutes, by section 1 of this Act shall not be repealed when section 36-27, Hawaii Revised Statutes, is reenacted on June 30, 2015, by section 34 of Act 79, Session Laws of Hawaii 2009.

 

H.C.R. NO. 230

This text was found at http://legiscan.com/HI/text/HCR230/id/788360
This is a companion to HR 185, found at http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HR&billnumber=185&year=2013

WHEREAS, Act 176, Session Laws of Hawaii 2002, established the deposit beverage container recycling program ("Program"), to encourage recycling, reduce litter, and provide a nexus between manufacturing decisions and recycling program management; and

     WHEREAS, the Program initially placed a five cent refundable deposit fee and one cent nonrefundable container fee on each deposit beverage container sold; and

     WHEREAS, the Department of Health administers the Program and collects the deposit and container fees in the Program special fund; and

     WHEREAS, moneys in the Program special fund are used to reimburse refund values to participating consumers and pay handling fees to redemption centers; and

     WHEREAS, the Department of Health utilizes the Program special fund, in part, to finance its Program administrative and compliance duties and Program educational and promotional activities; and

     WHEREAS, section 342G-107, Hawaii Revised Statutes, requires the Auditor to conduct a management and financial audit of the program for fiscal years 2004-2005 and 2005-2006, and for each fiscal year thereafter in an even-numbered year and to submit the audit report, including the amount of unredeemed refund value and recommendations, to the Legislature and Department of Health no later than twenty days prior to the convening of the next regular session; and

     WHEREAS, the November 2005 Program audit found that the Department of Health failed to establish a proper accounting system and concluded that the Program can only succeed with greater administrative management by the Department of Health; and

     WHEREAS, the November 2005 Program audit further concluded that the intended environmental benefits of the Program have been lost in the inefficient redemption process; and

     WHEREAS, the November 2005 Program audit recommended that the Department of Health provide greater administrative oversight and implement financial controls; and

     WHEREAS, the Auditor has not submitted audit reports since November 2005, and consequently, the Legislature has not received audits for fiscal years 2006-2007, 2008-2009, and 2010-2011; and

     WHEREAS, there has been no subsequent management and financial audit to show the Department of Health has implemented the November 2005 Program audit recommendations; and

     WHEREAS, the Department of Health's Program report to the 2010 Legislature and its solid waste management report to the 2011 Legislature collectively indicate that from October 2002 through fiscal year 2010, the Department expended more money from the Program special fund than it collected;

     WHEREAS, despite the Department of Health's efforts to improve the program and its management of the Program special fund, the Department increased the nonrefundable container fee from one cent to 1.5 cents on each deposit beverage container sold because, according to the Department, the Program is losing more money than it collects; and

     WHEREAS, in light of the Auditor's November 2005 findings of an inadequate financial accounting system and lack of internal controls, and given the significant losses incurred by the Program, the Department of Health's reports to the Legislature fail to show the Program is feasible; and

     WHEREAS, the Department of Health's recent increase of the nonrefundable container fee from one cent to 1.5 cents on each deposit beverage container sold remains inadequate to cover the two to four cent handling fee on each deposit beverage container paid to redemption centers; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the Senate concurring, that it supports a phase out of the Program; and

     BE IT FURTHER RESOLVED that the Legislature supports a statewide expanded curbside recycling program to increase public participation and reduce litter; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Director of Health, and the Mayors of each county within the State. 

Updated September 14, 2013