Bill Text: HI SB621 | 2013 | Regular Session | Introduced

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Bill Title: Styrofoam Food Container Fee; Reporting; Environment

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-22 - Referred to ENE/CPN, WAM. [SB621 Detail]

Download: Hawaii-2013-SB621-Introduced.html

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THE SENATE	S.B. NO.	621
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the environment.

 

 

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

 

     SECTION 1.  Chapter 342H, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  EXPANDED POLYSTYRENE FOAM DISPOSABLE FOOD

SERVICE CONTAINER FEE

     §342H-A  Definitions.  As used in this part, unless the context otherwise requires:

     "Compostable" means all materials in the product will break down into usable compost in a safe and timely manner without leaving any toxic residue.

     "Department" means the department of health.

     "Director" means the director of health.

     "Disposable food service container" means disposable products used in a restaurant or take-out food operation as packaging to serve or transport prepared, ready-to-consume food or beverages, including but not limited to plates, cups, bowls, trays, and hinged or lidded containers.

     "Expanded polystyrene foam" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing styrene.

     "Prepared food" means food or beverages that are prepared for consumption on the premises of a restaurant or food establishment or taken out by a customer from the restaurant or food establishment.

     "Small business" means a business that grossed $500,000 or less in revenues in the previous year.

     §342H-B  Distribution of expanded polystyrene foam disposable food service containers; remittance of fees.  (a)  Beginning January 1, 2015, all businesses in the State of Hawaii shall charge and collect a fee of 10 cents for each disposable food service container made of expanded polystyrene foam that is provided to customers.

     (b)  Businesses subject to subsection (a) shall indicate on each customer transaction receipt the number of expanded polystyrene foam disposable food service containers provided and the amount of fees collected.

     (c)  No later than the last day of each month, each business subject to this part shall remit to the department the fees collected pursuant to subsection (a), less the amount retained pursuant to subsection (d), during the immediately preceding month; provided that a small business may remit the fees on a quarterly basis on the last day of the month following the end of a quarter.

     (d)  Of the fees collected pursuant to subsection (a), a business may retain ten per cent from January 1, 2015, through December 31, 2015; provided that all fees retained shall be subject to chapters 235 and 237; provided further that any taxes imposed on the fees retained shall not be charged to any consumer.

     (e)  Payments and receipts of fees shall be reported on forms prescribed by the director.  Any proprietary information obtained by the department shall be kept confidential and shall not be disclosed to any other person.

     (f)  Businesses shall be subject to penalties and interest for late or underpaid fees.

     (g)  The disposition of fees collected pursuant to this part shall be as follows:

     (1)  The first $1,200,000 per year shall be deposited into a special account in the environmental management special fund established by section 342G-63 to be expended by the department for administrative, education, audit, compliance, and enforcement activities associated with collection of the expanded polystyrene foam disposable food service container fee; and

     (2)  Any remaining balance shall be distributed as follows:

         (A)  Fifty per cent shall be deposited into the general fund; and

         (B)  Fifty per cent shall be distributed to the counties in proportion to their populations, according to the latest census; provided that the counties shall expend at least twenty-five per cent of their share for litter prevention, litter control, and litter clean-up programs.

     §342H-C  Administration.  The department shall administer this chapter.  The director shall adopt rules pursuant to chapter 91 necessary to implement this chapter.

     §342H-D  Violations.  (a)  It shall be a violation of this part for any business that is subject to this part to pay or otherwise reimburse a customer for any portion of the fee required to be charged and collected pursuant to section 342H-B.

     (b)  Violations of this part or any rule adopted pursuant to this part shall be subject to a fine of not less than $500 for each violation.

     §342H-E  Injunctive and other relief.  The director may institute a civil action in any court of competent jurisdiction for injunctive or other relief to correct or abate violation of this part or any rule adopted pursuant to this part, to collect administrative penalties, or to obtain other relief.

     §342H-F  County ordinances.  (a)  Nothing in this part shall be construed to preempt or in any manner affect a county ordinance prohibiting or restricting expanded polystyrene foam disposable food service containers; provided that the fee established under section 342H-B shall be applicable to expanded polystyrene foam disposable food service containers that are not prohibited or restricted by a county ordinance.

     (b)  Nothing in this part shall prohibit a county from enacting ordinances that are more stringent in the control or prohibition of expanded polystyrene foam disposable food service containers than this part.

     §342H-G  Business reporting.  By March 31 of each year, all businesses that are required to charge and collect the expanded polystyrene foam disposable food service container fee pursuant to section 342H-B shall submit to the department, on forms prescribed by the department, an annual report for the previous calendar year containing the following information:

     (1)  The number of expanded polystyrene foam disposable food service containers provided to customers; and

     (2)  The number of biodegradable alternative containers provided to customers.

     §342H-H  Audit authority.  The records of each business subject to this part shall be made available, upon request, for inspection by the department or a duly authorized agent of the department.  Any proprietary information obtained by the department or its duly authorized agent shall be kept confidential and shall not be disclosed to any other person, except:

     (1)  As may be reasonably required in an administrative or judicial proceeding to enforce any provision of this part or any rule adopted pursuant to this part; or

     (2)  Under an order issued by a court or administrative hearing officer.

     §342H-I  Rules.  The director shall adopt rules, pursuant to chapter 91, as may be necessary for the purposes of this part.

     §342H-J  Annual report.  The department shall submit to the legislature an annual report, no later than twenty days prior to the convening of each regular session, which shall include the department's efforts to effectuate this part, the number of expanded polystyrene foam disposable food service containers distributed, the statewide reduction rate in the number of expanded polystyrene foam disposable food service containers distributed, and any recommended policy changes needed to better effectuate the purposes of this part."

     SECTION 2.  Section 342G-63, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The department shall expend monies contained in the environmental management special fund to:

     (1)  Partially fund the operating costs of the program including its regulatory functions and the development of waste reduction and diversion activities as mandated by Chapter 342G;

     (2)  Fund statewide education, demonstration, and market development programs, through direct contract or direct transfer of funds to the counties and department of business, economic development, and tourism, or under a grant program that may be developed under rules pursuant to Chapter 91; [and]

     (3)  Provide for annual training for municipal solid waste operators in compliance with 40 code of federal regulations part 258 and chapter 11-58, Hawaii Administrative Rules; and

     (4)  Fund administrative, education, audit, compliance, and enforcement activities associated with the collection of the expanded polystyrene foam disposable food service container fee established by part     of chapter 342H."

     SECTION 3.  No later than March 31, 2016, each business, as defined in section 2 of this Act, that is required to charge and collect the expanded polystyrene foam disposable food service container fee pursuant to this Act shall submit to the department of health a one-time report listing the number of expanded polystyrene foam disposable food service containers and compostable alternative containers provided to customers by that business for the 2015 calendar year.

     SECTION 4.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  Nothing in this Act shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Styrofoam Food Container Fee; Reporting; Environment

 

Description:

Requires all businesses in the State to charge a ten cent fee for each foam disposable food container provided to a customer.  Directs collected fees to a special account of the environmental management special fund.  Requires businesses to submit annual reports identifying the number of foam disposable and biodegradable containers provided to customers.  Requires the department of health to expend funds from the environmental management special fund on enforcement and education related to the fee program.

 

 

 

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