Bill Text: HI SB577 | 2012 | Regular Session | Introduced

---

Bill Title: Deposit Beverage Container Program; Expansion

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB577 Detail]

Download: Hawaii-2012-SB577-Introduced.html

---

THE SENATE	S.B. NO.	577
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to solid waste management.

 

 

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

 

     SECTION 1.  Section 342G-81, Hawaii Revised Statutes, is amended to read as follows:

     "§342G-81  Definitions.  As used in this part, unless the context requires otherwise:

     ["Deposit glass beverage container" means:

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

     (2)  The empty, individual, separate glass container that will be filled with sixty-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 container importer" means any person who is engaged in the manufacture of glass containers within the State or who imports glass containers from outside the State for sale or use within the State.  The term includes federal agencies and military distributors, but does not include airlines and shipping companies that merely transport glass containers.

     "Glass deposit beverage container" means:

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

     (2)  The empty, individual, separate glass container that will be filled with 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 incentive" means an incentive paid to licensed recyclers for recycling glass containers.  Such incentives may be structured to include the costs of collection and processing, and a "buy back" incentive to increase participation by the public and private haulers.

     "Glassphalt" means an asphaltic concrete mixture utilizing crushed glass, under controlled gradation conditions, as a substitute for a percentage of the aggregate in the mix.

     "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.

     "Import" means to buy, bring, or accept delivery of glass containers from an address, supplier, or any entity outside of the State of Hawaii."

     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] From October 1, 2004, to November 30, 2011, the glass advance disposal fee shall [only] apply only to glass containers that are not glass deposit beverage containers[.] used for containing sixty-eight fluid ounces or less of a beverage.  Beginning December 1, 2011, the glass advance disposal fee shall apply only to glass containers that are not glass deposit beverage containers used for containing one hundred twenty-eight fluid ounces or less of a beverage."

     SECTION 3.  Section 342G-101, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the definition of "deposit beverage" to read:

     ""Deposit beverage" means beer, [ale,] as defined by section 244D‑1; distilled spirits, as defined by section 244D‑1; wine, as defined by section 244D‑1; 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 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)] (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; and

    [(7)] (6)  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]."

     2.  By amending the definition of "deposit beverage container" to read:

     ""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.  The department of health shall phase-in all requirements affecting the redemption of one hundred twenty-eight fluid ounce deposit beverage containers, beginning December 1, 2011, as follows; provided that the phase-in shall be completed by March 1, 2012:

     (1)  From December 1, 2011, distributors of deposit beverage containers may begin marking one hundred twenty-eight fluid ounce deposit beverage containers as required under section 342G‑112(a), Hawaii Revised Statutes;

     (2)  From December 1, 2011, until February 29, 2012, a deposit beverage container holding up to one hundred twenty-eight fluid ounces may be redeemed under the deposit beverage container program, without regard to whether the container bears the refund value of the container and the word "Hawaii" or the letter "HI", as required by section 342G‑112(a), Hawaii Revised Statutes;

     (3)  Beginning March 1, 2012, every deposit beverage container holding up to one hundred twenty-eight fluid ounces that is sold in the State shall be marked as required under section 342G-112(a), Hawaii Revised Statutes; and

     (4)  Beginning March 1, 2012, only deposit beverage containers meeting the requirements of section 342G‑112(a), Hawaii Revised Statutes, shall be eligible for redemption.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Deposit Beverage Container Program; Expansion

 

Description:

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.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.