Bill Text: HI SB1271 | 2013 | Regular Session | Introduced

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Bill Title: Glass Container Recovery; Deposit Beverage Container Program; Definitions

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-31 - Re-Referred to ENE/HTH, WAM. [SB1271 Detail]

Download: Hawaii-2013-SB1271-Introduced.html

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THE SENATE	S.B. NO.	1271
TWENTY-SEVENTH LEGISLATURE, 2013
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.  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.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Glass Container Recovery; Deposit Beverage Container Program; Definitions

 

Description:

Increases the size of a deposit glass beverage container from sixty-eight to one hundred twenty-eight fluid ounces.  Adds building materials as a purpose under the glass recovery program.  Adds wine, spirits, and milk and other dairy-derived products to the definition of "deposit beverage".  Increases the size of a deposit beverage container from sixty-eight to one hundred twenty-eight fluid ounces.  Takes effect 1/1/2014.

 

 

 

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