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Home My WebLink AboutCOM 0569.000 2000-2002Hawc-aii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu March 22, 2002 MEMORANDUM Y+. �pJuiv:gi�[yy ;,Me..1%,_0 0 RM gY... Q b {� j 8 County Council TO: James Y. Arakaki, Chair, and Council hers FRG11 ; urtis Tyler, III, HSAC Vice President SUBJECT: Transmittal of HSAC Executive Comma ee eetings of Fe ruary 8, 002 and March 22, 2002; Request for Council con ' ation of (1) Approval of HSAC FY2002-03 budget; (2),pl*o<,Et:nent of J. Curtis Tyler, III (delegate) and Gary Sakarik (alternate) as Hawaii Co�'esentatives on the HSAC Executive Committee for FY2002-03; (3) Requests -_1F'fbn# 3WVn i1 members to serve on NACo steering committees; and (4) Approval of HSAC Executive Committee endorsement of Bill Hansell for the position of NACo 2nd Vice President 2002. For your information, I am transmitting the IISAC Executive Committee'agendas of February 8, 2002 and March 22, 2002, including approved minutes of the HSAC Executive C�:ittecva.eeting of J=anuary 16, 2002 and February 8, 2002. At its meeting of March 22, 2002, the HSAC Executive Committee took up consideration of four action items requiring approval and follow-up by the councils of the four counties, as follows: (4) Finally, as an advisory matter, any Council members who wish to serve on NACo steering committees should inform Mr. Tyler, NACo Board member, of their interest and forward their names for NACo's consideration. It should be noted that such NACo committee service entailing travel requirements presents a severe budget constraint for the coming fiscal year, however. JCT/rf Comm. No. Fi!e No. ib'G14 Date i • S�SFSi41E ,• �� ...'+'j�9 Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu L`£ w HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE MEETING February 8, 2002 9:00 a.m. Council Committee Room City Hall Honolulu, Hawaii N -TI c' o M C:J tl C-) I. CALL TO ORDER - ^' Z, o II. EXECUTIVE COMMITTEE MEETING MINUTES c- January 16, 2002 III. TREASURER'S REPORT December 2001 (amended) IV. REPORTS A. Executive Committee Reports B. County Reports C. NACo Report V. UNFINISHED BUSINESS A. 2002 HSAC Legislative Package The purpose of this item is to discuss strategies and priorities for the 2002 legislative session. B. State Legislation Relating to Beverage Container Deposits The purpose of this item is to act on a proposal to include in the 2002 HSAC Legislative Package a legislative measure to enact a beverage container deposit law. See Honolulu Council Resolution 01-333. Hawaii - Honolulu - Kauai - Maui - VI. NEW BUSINESS A. State Legislation of Interest to Counties The purpose of this item is to discuss- state legislation of interest to counties including: 1. Gambling 2. Traffic camera photo enforcement 3. Measures relating to the counties' home rule authority and revenues VII. COMMUNICATIONS VIII. ANNOUNCEMENTS A. Next meeting scheduled for March 22, 2002, 9:00 a.m., Honolulu Hale IX. ADJOURNMENT -2- �\-,-coc',aoon of CounT-1.1-- Counties of Kauai, Maui and Hawaii, City & County of Honolulu January 16, 2002 Council Committee Room City Hall Honolulu, Hawaii CALL TO ORDER The HSAC Executive Committee was called to order by President Jon Yoshimura at 2:02 p.m. The following members comprised a quorum. - City and County of Honolulu: President Jon Yoshimura Staff Andrew Sekine Staff Sean Casey Staff Russ Awakuni Staff Charlotte Takasue l 1 County of Hawaii: Vice President J. Curtis Tyler III Councilmember Nancy Pisicchio County of Maui: Secretary Dain P. Kane Councilmember G. Riki Hokama Councilmember Michael Molina Staff Richelle Kawasaki County of Kauai: Treasurer, Ron Kouchi Staff Cyndi Ayonon il. EXECUTIVE COMMITTEE !MEETING MINUTES The amended minutes of the November 9, 2001 Executive Committee meeting were approved. The minutes of the December 10, 2001 were approved. f TTS HSAC Executive Committee Minutes of the January 16, 2002 meeting Page 2 III. REPORTS OF THE TREASURER The Treasurer's Reports for November 2001 and December 2001 were approved. IV. REPORTS OF COMMITTEES A. Executive Committee Reports The Secretary's report relating to the approval of proposals for inclusion in the 2002 HSAC Legislative package was received. B. County Reports There were no county reports. C. NACo Reports Treasurer Kouchi thanked Councilmember Hokama for scheduling appointments on Capitol Hill in Washington D.C. in March 2002. Councilmember Hokama announced that the newest corporate member to NACo, Symantec Corporation, will be hosting a Security Summit regarding high tech security issues on Maui on January 31, 2002 in the Maui Economic Development Board, Board Room. Approximately 40 people are scheduled to attend. Councilmember Hokama also reminded everyone that there is a deadline for the introduction of resolutions at the upcoming NACo conference in Washington D.C. V. UNFINISHED BUSINESS A. 2002 HSAC Legislative Package Secretary Kane noted the 2002 Maui County Legislative Package essentially mirrors the 2002 HSAC Legislative Package and as the point -person for the County of Maui, he will be traveling to Honolulu to testify on behalf of the Maui County Council. President Yoshimura asked the Committee members to notify him when they plan to be on Oahu on legislative matters. He stated that although he intends to be active at the legislature, at times he HSAC Executive Committee Minutes of the January 16, 2002 meeting Page 3 may not be available and he feels it is a good idea if at least one of the members of the Committee is able to represent the membership. Vice President Tyler inquired about the draft letter from the President of HSAC to the House and Senate leadership regarding the 2002 HSAC Legislative Package requesting meetings regarding the 2002 HSAC Legislative Package. President Yoshimura indicated he will have the draft letter circulated prior to the next Committee meeting. President Yoshimura also indicated that he will attempt to arrange meetings with the House and Senate leadership around 10:30 a.m. on February 8, 2002, following the next Committee meeting. Treasurer Kouchi inquired whether any other Committee members would be attending the State of the State address on January 22, 2002. None of the other Committee members were planning to attend this address. Treasurer Kouchi noted that Kauai County's strategy is to reduce the length of their testimonies to one page whenever possible. VI. NEW BUSINESS A. State legislation relating to beverage container deposits. President Yoshimura made reference to his January 10, 2002 memorandum to the Committee members requesting consideration of inclusion of a proposal to enact a beverage container deposit law in the 2002 HSAC Legislative Package. Vice President Tyler indicated Hawaii County will be considering this matter in committee. President Yoshimura noted the Council of the City and County of Honolulu will be considering this matter shortly, Treasurer Kouchi and Secretary Kane said Kauai County and Maui County, respectively, will report back to the Committee. B. Candidacy of Bill Hansell for NACo 2"d Vice President The Committee discussed support of Bill Hansell for NACo 2"d Vice President and agreed to not take a formal position until both candidates are given the opportunity to meet with the Committee members in Washington D.C. President Yoshimura will be writing to Mr. Hansell to inform him of the Committee's agreement. HSAC Executive Committee Minutes of the January 16, 2002 meeting Page 4 VII. COMMUNICATIONS The Communication dated December 31, 2001 from the Secretary to the President regarding photo enforcement of traffic violations was received. President Yoshimura circulated a memorandum to the Secretary dated January 14, 2002 providing information on the costs associated with the photo enforcement program. President Yoshimura noted that he will send a letter to the State Director of Transportation to inquire as to when and how the state plans to expand this program to the outer islands. Treasurer Kouchi stated that the Committee members should inquire with the executive branches of their counties to see if the State Department of Transportation has made any arrangements with them regarding this program. The Committee discussed the possible impact of such programs on the County's Prosecutor's Offices. Vice President Tyler made reference to a news article indicating that the City and County of Honolulu would not be participating in photo enforcement of traffic violations. Vice President Tyler inquired as to whether the Council of the City and County of Honolulu had taken an official position on participation in such a program. President Yoshimura indicated the Council had not taken an official position on that issue. VIII. ANNOUNCEMENTS President Yoshimura noted he will place two items on the next Committee agenda for discussion. The items will pertain to state legislation regarding traffic cameras and gambling. Treasurer Kouchi announced that Kaua'i County Councilmember Gary Hooser will be seeking the lone Kauai Senate seat. President Yoshimura announced that Representative Nestor Garcia will be seeking a seat on the Council of the City and County of Honolulu. Vice President Tyler announced he has no intention of seeking the new West -Hawaii Senate seat. President Yoshimura announced that the next meeting will be held on February 8, 2002 at 9:00 a.m. at Honolulu Hale. HSAC Executive Committee Minutes of the January 16, 2002 meeting Page 5 X. ADJOURNMENT There being no further business, the meeting was adjourned at 2.38 p.m. Very truly yours, L DAIN P. KANE Secretary Hawaii State Association of Counties ocs:proj:hsac:hsac 2001-2002:020116min:rkk Hawaii State ar Counti Counties of Kauai, Maui and Hawaii, City & County of Honolulu January 17, 2002 The Executive Committee Members Hawaii State Association of Counties Dear Executive Committee Members: Please find enclosed an amended report of the Association's revenues collected and expenses paid for the fiscal period December 1 through December 31, 2001. Sincerely, 6 U 1( RONALD KOUCHI Treasurer, Hawaii State Association of Counties Enc. HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period: December 1 through December 31, 2001 As Amended (see astericks * for changes) FUND BALANCE AT BEGINNING DATE $45,374.42 001 Membership Fees $0.00 $28,000.00 $28,000.00 010 Conference Income $0.00 $8,957.70 $8,000.00 011 Conference Seed Money Reimburseme $0.00 $1,000.00 $0.00 030 Interest Income $72.41 * $536.87 $1,200.00 Total $72.41 * $38.494.57 $37,200.00 T OT AL RECEIPTS T ISIS PERIOD Disbursements Executive Committee 201 Travel 202 Auditing Services 203 Stationery 209 Miscellaneous Special Committees 301 Travel 309 Miscellaneous NACo 401 'h-avel 402 Promotional 403 Dues 409 Miscellaneous WIR 501 Travel 502 Promotional 503 Dues 509 Miscellaneous Conferences 609 Miscellaneous 610 WIR Conference 2001 611 NACo Annual Conference 2005 612 HSAC 2001 Mid -Year Conference Total TOTAL EXPENSES THIS PERIOD FUND BALANCE AT END OF PERIOD: 0.00 0.00 3,300.00 0.00 0.00 4,750.00 0.00 0.00 1,000.00 0.00 0.00 500.00 0.00 0.00 600.00 0.00 0.00 100.00 0.00 1,795.30 9,000.00 0.00 0.00 500.00 0.00 *21,509.00 21,215.00 0.00 0.00 250.00 0.00 0.00 2,000.00 0.00 0.00 500.00 0.00 0.00 2,200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,605.22 0.00 1,000.00 0.00 $0.00 $24,304.30 $ 48,520.22 $72.41 $0.00- $45,446-83 k_1 I I r k_1UU114k_1IL_ �- CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 01-333 RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2002 HSAC LEGISLATIVE PACKAGE TO ENACT A BEVERAGE CONTAINER DEPOSIT LAW. WHEREAS, recycling is an important element of an integrated solid waste management system; and WHEREAS, Section 342G -3(a)(2), Hawaii Revised Statutes, establishes a goal of recycling 50% of the solid waste stream in the State of Hawaii by 2000; and WHEREAS, however, the current recycling rate in the State of Hawaii is approximately 20% of the available recyclable materials; and WHEREAS, a 1990 U.S. Government Accounting Office report estimated that bottles and cans represent 40-60% of total litter nationwide; and WHEREAS, jurisdictions that have implemented beverage container deposit laws achieve an average beverage container recovery rate of 80%, while the national beverage container recovery rate is 38%; and WHEREAS, a beverage container deposit law ("bottle bill") would require the establishment of a minimum refundable deposit on beer, soft drink, and other beverage containers, including plastic and glass bottles and aluminum cans, in order to provide an incentive for beverage container recycling or reuse; and WHEREAS, the enactment of a beverage container deposit law would benefit local government by reducing the costs of solid waste disposal, recycling, and clean-up, as well as reducing the amount of solid waste being deposited into municipal landfills; and WHEREAS, approval by all the counties is required to include a legislative proposal in the HSAC legislative package; now, therefore, OCS00753.R01 htzZ:)ULU I IUN BE IT RESOLVED by the Council of the City and County of Honolulu that it approves for inclusion in the 2002 Hawaii State Association of Counties' Legislative Package a proposal to enact a beverage container deposit law as set forth in Exhibit A, attached; and HE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. DATE OF INTRODUCTION: OEC 5 2001 Honolulu, Hawaii (OCS/120401/ct) CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII I hereby certify that the foregoing RESOLUTION was adopted by the COUNCIL OF THE CITY AND COUNTY OF HONOLULU on the date and by the vote indicated to the right. ATTEST GENEVIEVE G. WONG JON C.YOSHIMURA City Clerk CHAIR AND PRESIDING OFFICER INTRODUCED -2- Councilmembers ADOPTED MEETING HELD I I AYE I NO I A/E I DeSOTO FELIX HOLMES A41RIKITAN' I Resigned 12/1/01 I YOSHIMURA I I I I Dated I I I Reference: Report No. Resolution No, 01333 EXHIBIT A Report Title: Solid Waste Management; Beverage Container Bill Description: Imposes beverage container requirements and fees. Requires beverage distributors to register with the State. Establishes the beverage container deposit special fund. Provides for the redemption of empty beverage containers. Provides requirements for recycling facilities and redemption centers. (SD2) HOUSE OF REPRESENTATIVES TWENTY-FIRST LEGISLATURE, 2001 STATE OF HAWAII H. B. . 1256 H.D. 2 A BILL FOR AN ACT RELATING TO SOLID WASTE MANAGEMENT. S.D. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The legislature finds that recycling is an important element of an integrated solid waste management system, which can protect and preserve environmental resources and reduce economic costs to residents and businesses within the State. The legislature finds a need to expand participation in residential recycling programs and to minimize costs to those participating and to government. The purpose of this Act is to increase participation and recycling rates, provide a connection between manufacturing decisions and recycling program management, and reduce litter. SECTION 2. Chapter 342G, Hawaii Revised Statutes, is amended by adding two new parts to be appropriately designated and to read as follows: 1... 11 . . "PART A. BEVERAGE CONTAINER FEE §342G -A Definitions. As used in this part and part B, unless the context requires otherwise: "Beverage" means beer, ale, or other drink produced by fermenting malt, spirits, wine, wine coolers, 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, except for dairy -derived products. The term "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 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 supplement and not as a beverage; (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. "Beverage container" means the individual, separate, sealed glass, aluminum, plastic bottle, or can used for containing, at the time of sale to the consumer, one gallon (3.8 liters) or less of a beverage intended for use or consumption in this State. "Beverage distributor" means a person who is a manufacturer of http://www.capitol.hawaii.gov/sessioncurrentfbilisfhb l 256_sd2_.htm 11/19/2001 beverages in beverage containers in this State, or who imports and engages in the sale of filled beverage containers to a dealer or consumer. The term includes federal agencies and military distributors, but does not include airlines and shipping companies that merely transport beverage containers. "Consumer" means a person who buys a beverage for use or consumption. "Dealer" means a person who engages in the sale of beverages in beverage containers to a consumer for off -premises consumption in the State. "Department" means the department of health. "Import" means to buy, bring, or accept delivery of filled beverage containers from an address, supplier, or any entity outside of the State. "Recyclable" means that the beverage container is made of one of the following materials: metal, glass, single layer polyethylene terephthalate, or high density polyethylene, that can be recovered from the waste stream and recycled in total or in part for the same or other uses. §342G -f3 Beverage container requirements. Beginning October 1, 2003, no person may sell, distribute, collect, except for purposes of litter control, or redeem in this State, a beverage container that has not received approval from the director as a recyr-lable within the State in order to be distributed and collected at redemption operations in the State. §342G -C Beverage container fee. (a) Beginning on October 1, 2002, every beverage distributor shall pay to the department a beverage container fee on each beverage container manufactured or imported into the State. Th.- fee shall be imposed only once on the same beverage container. The fee shall be cents per beverage container. (b) The beverage container fee shall not exceed cents per container for the first five years of operation of the beverage container deposit program as specified in part B. (c) The department, with the assistance from the county solid waste agencies, shall: (1) Evaluate the amount of beverage containers recovered during the first fifteen months of the fully implemented beverage container deposit program specified in part B; and http://v,,I+r., capitol.hawRii.Pov/eessioncurre.ni/hills/hhl?5� e(i? lit,, , /,()/-)nn, ......... _..._ ................. ....... (2) Recommend to the legislature any modification in the fee structure to meet the beverage container deposit program funding requirements. Thereafter, prior to the convening of the legislative session in each subsequent even -numbered year, the department, in coordination with the counties, shall report to the legislature on the effectiveness of the program and make appropriate recommendations for modification of the fee. (c) No county shall impose or collect any assessment or fee on beverage containers for the same or similar purpose that is the subject of this chapter. §342G -D Beverage distributors; registration, recordkeeping requirements. (a) By July 1, 2002, all beverage distributors operating within the State shall register with the department, using forms prescribed by the department, and shall notify the department of any change in address or other information previously submitted. After July 1, 2002, any person who desires to conduct business in the State as a beverage distributor shall register with the department no later than one month prior to the commencement of the business. (b) All beverage distributors shall maintain records reflecting the manufacture of their beverages in beverage containers as well as the importation and exportation of beverage containers. The records shall be made available, upon request, for inspection by the department; provided that any proprietary information obtained by the department 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 chapter or any rule adopted pursuant to this chapter; or (2) Under an order issued by a court or administrative agency hearings officer. §342G -E Deposit into beverage container deposit special fund; usle of funds. (a) There is established in the state treasury the beverage container deposit special fund, into which shall be deposited: (1) All revenues generated from the beverage container fee as described under section 342G -C; (2) All revenues generated from the beverage container deposit as described under section 342G- http://www.capitol.hawail.gov/sessioneurrent/billsfhb l 256_sd2_.htm 11/19/2001 J; and (3) All accrued interest from this fund. (b) Moneys in the fund shall be used to reimburse refund values and pay handling fees to certified redemption operations as established under part B. The department may also use the money to: (1) Fund administrative, audit, and compliance activities associated with collection and payment of the deposits and handling fees of the beverage container fee and deposit program; (2) Conduct recycling education and demonstration projects; (3) Promote recyclable market development activities; (4) Support the handling and transportation of the beverage containers to end -markets; (5) faire personnel to oversee the implementation of the ;beverage container fee and deposit program, including permitting, certification, and enforcement activities; and (6) Fund associated office expenses. §3426-F Beverage container inventory report and payment. (a) Beginning October 1, 2050, payment of the beverage container fee shall be made monthly based on inventory reports of the beverage distributors. All beverage distributors shall submit to the department documentation in sufficient detail that identifies: (1) The number beverages in beverage containers manufactured in or imported to the State; and (2) The number of these beverage containers exported out of the State during the reporting period. (b) The amount due from beverage distributors shall be the net number of beverage containers imported or manufactured into the State (the total number of containers imported or manufactured less the total number of containers exported) multiplied by the beverage container fee of cents. Payment shall be made by check or money order payable to the "Department of Health, State of Hawaii". All inventory reports and payments shall be made no later than the fifteenth day of the month following the end of the previous month. han:lly^ w r;:mItn1 11—afgiI nnv rL I I - n -L I 'I C4 ..1'1 t.__ - - §342G -G Contract for administrative services. The department may contract the services of a third party to administer the beverage container fee program under this part. PART H. BEVERAGE CONTAINER DEPOSIT §342G -H Definitions. As used in this part, unless the context requires otherwise: "Importer" means any person who buys, brings, or accepts delivery of beverages in containers from outside the State for sale or use within the State. "Initiate a deposit" means to be the first person to charge a deposit on a specific beverage container. "On -premises consumption" means beverages are consumed by a customer immediately and within the area under control of the - establishment, including bars, restaurants, passenger ships, and airplanes. "Person" means any individual, partnership, firm, association, public or private corporation, federal agency, the State or any of its political subdivisions, trust, estate, or any other legal entity. "Private label beverages" means beverages purchased from a beverage manufacturer in beverage containers bearing a brand name or trademark, for sale at retail 'directly by the owner or licensee of that brand name or trademark; or through retail dealers affiliated with the owner or licensee by a cooperative or franchise agreement. "Recycling facility" means all contiguous land and structures and other appurtenances, and improvements on the land used for the collection, separation, recovery, and sale of reuse of secondary resources that would otherwise be disposed of as municipal solid waste, and is an integral part of a manufacturing process aimed at producing a marketable product made of postconsumer material. "Redeemer" means a person, other than a dealer or distributor, who demands the refund value in exchange for the empty beverage container. "Redemption center" means an operation which is certified by the State and which accepts from consumers, and pays or provides the refund value for empty beverage containers intended to be recycled, and ensures that the empty beverage containers are properly recycled. "Refillable beverage container" means any glass or plastic beverage http://www.capitol.hawaii.gov/sessioncurrentfbillsfhbl256_sd2_.htm 11/19/2001 ....................... ................ container, or other beverage container, which ordinarily would be returned to the manufacturer to be refilled and resold. "Reverse vending machine" means a mechanical device, which accepts one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's refund value. The refund value payments shall be aggregated and then paid if more than one container is redeemed in a single transaction. §3426-1 Rules; commencement. The department shall adopt rules pursuant to chapter 91 as may be necessary for the purposes of this part and part A. The rules shall be adopted on or before December 31. 2002. Full implementation of the beverage container deposit program shall commence no later than October 1, 2003. §342G -J Initiation and application of deposits. (a) Every beverage container sold in this State shall have a refund value of not less than cents for a beverage container smaller than or equal to twenty-four fluid ounces, and not less than cents for a beverage container larger than twenty-four fluid ounces. Each such beverage container shall have the refund value clearly indicated on it. as provided in section 342G -L. (b) The refund value is the amount of the deposit required. Once an indication of refund has been applied to a beverage container, the deposit value on that beverage container may not be changed. (c) The deposit on each filled beverage container shall be initiated by the beverage distributor, who manufactures or imports beverages in beverage containers, and paid to the State of Hawaii. The funds shall be deposited into the beverage container deposit special fund as described in section 342G -V. (d) Beverage distributors who are required under subsection (c) to initiate a deposit shall also pay a beverage .-ontainer fee and register with the State in accordance with part A. §342G -K Sales of beverages in beverage containers. (a) Every beverage distributor who initiates a deposit shall charge their customers a deposit equal to the refund value for each beverage container sold in Hawaii. (b) Each dealer shall charge the customer the beverage container deposit at the point of sale of the beverage excluding sales as defined as for on -premises consumption. §342G -L Beverage container requirements. (a) Except as provided in subsection (b), every beverage container sold in this State shall clearly indicate the refund value of the beverage container and the word "Hawaii" or the letters "HI". The names or letters representing the names of other states with comparable deposit legislation may also be included in the indication of refund value_ Other indications may be required as specified in rules. (b) Subsection (a) does not apply to any type of refillable glass beverage container which has a brand name permanently marked on it and which has the equivalent of a refund value of at least cents for beverage containers smaller than or equal to twenty-four fluid ounces, or at least cents for beverage containers larger than twenty-four fluid ounces prior to the effective date of this part. §342G -M Redemption of empty beverage containers. ( a ) Except as provided in subsection (b), a dealer shall: (1) Operate a redemption center by accepting all types of empty.beverage containers with a Hawaii refund value; (2) Pay to the redeemer the full refund value for all recyclable beverage containers which bear a valid Hawaii redemption value; and (3) Ensure each container collected is recycled, and forward such documentation necessary to support claims for payment as stated in section 342G -S, or rules adopted under this part. (b) Subsection (a) shall not apply to any dealer: (1) Who is located within one mile of a certified redemption center that is operated independently from a dealer; (2) Who subcontracts with a certified redemption center for operation on the dealer's premises; (3) Whose sale of beverage containers are only via vending machines; (4) Whose store size is less than five thousand square feet of interior space; (5) Who can demonstrate physical hardship, or financial hardship, or both, based on specific criteria established in rules; or (6) Who meet other criteria established by the director. (c) All dealers, regardless of square footage, shall post a clear and conspicuous sign at each public entrance to the dealer's place http://www.capitol.hawaii.gov/sessioncurr-ent/bills/hbl256_sd2_.htm 11/19/2001 of business, which specifies the name, address, and hours of operation of the closest redemption center locations. (d) If there is no redemption center within a one -mile radius of a dealer due to the criteria described in subsection (b), then the respective county and the State shall determine the need for a redemption center in that area. If a redemption center is deemed necessary, then the county, with assistance from the State, shall establish the redemption center with funding from the beverage container deposit special fund. §342G -N Redemption centers. (a) Any person may establish a redemption center and accept and redeem deposits on all types of empty beverage containers for which a deposit has been initiated. Any person who establishes a redemption center pursuant to this part shall be permitted in accordance with chapter 342H as a solid waste management facility and shall apply to the director in writing for certified redemption center status. (b) Applications for certification as a redemption center shall be filed with the department of health on forms prescribed by the department. (c) The state, at any time, may review certification of a redemption center. After written notice to the person responsible for the establishment and operation of the redemption center and to the dealers served by the redemption center, the State, after it has afforded the redemption center operator a hearing in accordance with chapter 91, may withdraw certification of the center if it finds that there has nog been compliance with applicable laws, rules, permit conditions, or certification requirements. (d) Redemption centers shall: (1) Pay to the redeemer the full refund value for all beverage containers; (2) Verify that all containers to be rekieemed bear a valid Hawaii redemption value; (3) Ensure each container collected is recycled through a contractual agreement with an out-of- state recycler or an in-state recycling facility permitted by the department; provided that this paragraph shall not apply if the redemption center is operated by a recycler permitted by the department; and (4) Forward such documentation necessary to support claims for payment as stated in section 342G-5. (e) Redemption centers' redemption areas shall be maintained in httn://www canitnl I INC-' --I'i L.,-_ full compliance with applicable laws and with the orders and rules of the department of health. §342G-0 Reverse vending machine requirements. Reverse vending machines may be used by redemption centers to satisfy the requirements of section 342G -M; provided that the reverse vending machine shall accept any type of empty recyclable beverage container and pay out appropriate refunds for those containers that bear a valid Hawaii redemption value. If the reverse vending machine is unable to read the Hawaii refund value, then the department may specify a delayed date in which the reverse vending machines may be used. The reverse vending machine shall be routinely serviced to ensure proper operation and continuous acceptance of containers and payment of refunds. §342G -P Refusal, of acceptance of a beverage container. Redemption centers may refuse to accept any broken bottle, corroded or dismembered can, or any beverage container which: (1) Contains a free flowing liquid; (2) Does not properly indicate a refund value; or (3) Contains a significant amount of foreign material. §342G -Q handling fees and redemption values. (a) The State shall pay -o each redemption center a handling fee of not less than cents for each empty recyclable beverage container redeemed by a consumer and transported out-of-state for recycling or received by a department -permitted recycler. The handling fee shall be paid in addition to the redemption value of each such empty beverage container. The department may choose to pay the handling fee and redemption value on the basis of the total weight of the beverage containers received by material type and the average weight of each =:_ainer type. Such conversions shall be defined in rules. (br A handling fee and redemption value may only be paid once for each container redeemed by a consumer and claimed by a redemption center. §342G -R Distributor recordkeeping and payment requirements. Each distributor who initiates a deposit on a beverage container shall maintain a record of all deposits initiated and paid to the State. Each such distributor shall maintain this information according to generally accepted accounting principles and shall provide monthly reports of this information to the director no later than the fifteenth day of the month following the month covered within the report. The monthly report shall contain at a minimum: (1) The quantity of distributed containers; http://www.capitol.hawaii.gov/sessioncurrentfbills/hb 1256_sd2_.htm 11/19/2001 (2) The amount of deposit by container size and type; and (3) Any other information required by the director. Payment of the deposits shall be submitted with the monthly reports. §342G -S Redemption center reporting. A redemption center shall prepare and maintain records, which reflect: (1) The transactions made; (2) The amount, type, and sizes of containers accepted and rejected; (3) Refunds paid out; (4) The amount and weight of each type of containers transported out-of-state, or to a department -permitted recycler; and (5) Any other information required by the department. §342G -T Recycling Facility reporting. Recycling facilities, in addition to any requii.ements under chapter 342H, shall prepare or maintain the documents involving empty beverage containers, as required by the department. §342G -U Audit authority. The records of the beverage distributor, dealer, redemption center, and recycling facility 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 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 chapter or any rule adopted pursuant to this chapter; or (2) Under an order issued by a court or administrative agency hearings officer. §342G -V Deposit into beverage container deposit special Fund. Revenues generated from the beverage container deposit shall be deposited into the beverage container deposit special fund as specified under section 342G -E. Moneys in the fund shall be used in accordance with section 342G -E. �11iT1'��x /!►na�!`a nit r.� i-. �+.•�.,.. ..,-... l.... .. ..: ... ..�... n •��_n �nri rn i .................... §342G -W General prohibition. All contracts or agreements entered into between or among persons subject to this part shall be consistent with this part and any implementing rules. No such contract or agreement may be designed to hinder or frustrate the purpose or intent of this part." SECTION 3. Section 342G-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""Beverage" means beer, ale, or other drink produced by fermenting malt, spirits, wine, wine coolers, teat 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, except for dairy -derived products The term "beverage" excludes the following: A liduid which is: A syrup; 1BZ 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; �2Z A liquid which is ingested in very small quantities and which is consumed for medicinal purposes only; (a A liquid which is designed and consumed only as a nutritional supplement and not as a beverage; (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; Products designed to be consumed in a frozen state; (6J Instant drink powders; and j_)_ Seafood, meat, or vegetable broths, or soups, but not -juices." SECTION 4. Section 342G-81, Hawaii Revised Statutes, is amended by http://www.capitol.hawaii.gov/sessioncuri-ent/bills/hbl256_sd2_,htm 11/19/2001 adding a new definition to be appropriately inserted and to read as follows: ""Glass beverage container" means: _(1_) The individual, separate, sealed, glass container used for containing, at the time of import, one gallon or less of a beverage; or 121 The empty, individual, separate glass container that will be filled with one gallon or less o_f a beverage and sealed in this State, such that these glass beverage containers are subject to parts A and E." SECTION 5. Section 36-27, Hawaii Revised Statutes, is amended to read as follows: "§36-27 Transfers from special:, funds for central service expenses . 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 summer school and intersession fund under section 302A-1310; (2) Schoo) 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 capital and operations special fund under section 206X-10.5; (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) Domestic violence prevention special fund under section 321-1.3; (11) Spouse and child abuse special account under httn•//dvsueu�a..�r„1 ►,�.�,�;, ,,.,��v _ __.,L_��_n_� section 346-7.5; (12) Spouse and child abuse special account under section 601-3.6; (13) Funds of the employees' retirement system created by section 88-109; (14) Unemployment compensation fund established under section 363-121; (15) Hawaii hurricane relief fund established under chapter 431P; (16) Hawaii health systems corporation special funds; (17) Boiler and elevator safety revolving fund established under section 397-5.5; (18) Tourism special fund established under section 201B-11; (19) Department of commerce and consumer affairs' special funds; (20) Compliance resolution fund established under section 26-9; (21) Universal service fund established under chapter 269; (22) Integrated tax information management systems special fund under section 231-3.2; (23) Insurance regulation fund under section 431:2- 215; (24) Hawaii tobacco settlement special fund under section 328L-2; (25) Emergency budget and reserve fund under section 328L-3; (26) Probation services special fund under section 706-649; [ate) (27) High technology special fund under section 206M-15.5; and S28)_ Beverage container deposit special fund under http://www.capitol.hawal i.gov/sessioncurr--ntfbills/hb l256_sd2_.htm 11/19/2001 section 342E -E; shall deduct five per cent of all receipts of all other 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 ali central service assessments made during the preceding fiscal year." SECTION 6. Section 342G-71, Hawaii Revised Statutes, is amended to read as follows: "[#]:5342G-71.[+] Penalties. Any person who violates any provision of this chapter or any rule adopted pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation shall- constitute a separate offense. Any action taken to .impose or C-ollect the penalty provided for in this section shall be e e ] made through field citations or administrative, civil or criminal actions." SECTION 7. Section 342G-72. Hawaii Revised Statutes, is amended to read as follows: " [4-1 9342G-72 [-9-1 Enforcement- [Toe es4a, 1 El 3r-ee- -- ` (a) If the director determines that any person -has violated or is violating any provision of this chapter, any-rule_adopted zaursuant to this chapter, or any term or condition of a�permit or certification issued pursuant to this chapter, the director may do any one or more of the following: -LLL Issue a field citation assessing an administrative penalty and ordering immediate corrective action or within a specified time; Issue an order assessing an administrative penalty for any past or current violation - (L. Require compliance immediately_ or within a specified time; and Commence a civil action in circuit court in which the violation occurred or where the person resides or maintains the person's principal place, of business for appropriate relief including a temporary, preliminary, or permanent injunction, ................. the imposition and collection of civil penalties, or other relief. (b) Any order issued pursuant to this section may include a suspension, modification, or revocation of a certification issued under this chapter, and shall state with reasonable specificity the nature of the violation. Lc) Any order issued under this chapter shall become final, unless not later than twenty days after the notice of order is served the person or persons named therein request in writing a hearing before the director. Any penalty imposed under this chapter shall become due and payable twenty days after the notice of oenalty is served unless the person or persons named therein request in writing a nearing before the director. Whenever a hearing is requested on any penalty imposed under this chapter, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. Upon request for a hearing, the director shall require that the alleged violator or violators appear before the director for a hearing at a time and place specified in the notice and answer the charges complained of. (d) Any hearing cond,,,,.-:ted under this section shall be conducted as a contested case under chapter 91. If after a hearing held pursuant to this section, the director finds that a violation or violations have occurred the director shall: u Affi-rm or modify any penalties imposed or shall modify or affirm the order previously issued; or (2) Issue an appropriate order or orders for the prevention,_abatement or control of the violation involved,.or for the taking of such other corrective action as may be appropriate. If, after a hearing on an order or penalty contained in a notice, the director finds that_no.v_iolation has occurred or is occurring, the director shall rescind the order or penalty. Any order issued after hearing may _prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventinq,_ abating, or controllinq_the violation. e) If the amount of anv penalty is not paid to the department within thirty days after it becomes due and payable, the director may institute a civil action in the name of the State to collect the administrative_ penalty which shall be a government realization. In anv proceeding to collect the administrative penalty imposed, the director need onlv show that: Notice was given; hup://www.cap1 to1.hawai i.gov/sess1oncurrent/bi IIs/hb 1256_sd2_.htm 11/19/2001 A hearing was held or the time granted for requesting a hearing expired without a request for a hearing; J3j The administrative penalty was imposed; and The penalty remains unpaid _(_f) In connection with any hearing held pursuant to this section the director shall have the Dower to subpoena the attendance of witnesses and the production of evidence on behalf of all parties -11 SECTION 8. Section 3426-82, Hawaii Revised Statutes, is amended to read as follows: "[{]§342G-82[4-] Advance disposal fee. (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 September 1, 1994, to [� mb== 1, Y-4 -.] September 30, 2001, the fee shall b_ one and one-half cents per glass container. -- - ---- ---- ea- - F } ] Beginning October 1, 2001, the fee shall be 2 cents per container. Beginning October 1, 2002, the glass advance disposal fee of 2 cents Der container shall only amply to glass containers that are not glass beverage containers. .................................... ................ [4-e+) jb)_ The legislature shall have exclusive authority over all matters subject to this chapter. 1+4+1 (c) No county shall impose or collect any assessment or fee on glass containers for the same or similar purpose that is [°¢]the [+] subject of this chapter." SECTION 9. Section 342G-83, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) All glass container importers shall maintain records reflecting the manufacture- of their glass containers as well as the importation and exportation of products packaged in glass. The records shall identify the type (glass beverage container or non - beverage glass container) and quantity of each type of glass container. The records shall be made available, upon request, for inspection by the department; provided that any proprietary information obtained by the department 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 chapter or any rule adopted pursuant to this chapter; or (2) Under an order issued by a court or administrative agency hearing officer." SECTION 10. Section 342G-85, Hawaii Revised Statutes, is amended to read as follows: "§342G-85 Container .inventory report and payment. (a) Payment of the advance glass disposal fee shall be made quarterly based on inventory reports of the glass container importers, except for those importers subject to subsectio:; (c) or (d). All glass container importers shall submit to the department documentation in sufficient detail that identifies the number of glass beverage and glass non -beverage containers manufactured or imported to the State and sold or distributed, by manufacturer or distributor, during the calendar year. (b) [] Until September 30, 2002, the amount due from glass container importers less glass containers exported for the calendar year shall be the sum equal to the number of glass containers provided in subsection (a) multiplied by the advance disposal fee specified in section 342G-82. Beginning October 1, 2002, the amount due from glass container importers shall be the sum equal to the number of son -beverage glass containers provided in subsection (a), less non -beverage glass containers exported and multiplied by the advance disposal fee of 2 cents. Payment shall be made by check or money order payable to the "Department of Health, http://www.capitol.hawaii.gov/scssioncurrentfbills/hb l256_sd2_,htm 11/19/2001 State of Hawaii". All subsequent inventory reports and payments shall be made not later than the fifteenth day of the month following the end of the previous calendar quarter, except for those importers subject to subsection (d). (c) [A) Until September 30, 2002, a glass container importer who imports fewer than five thousand glass containers within a one-year period shall be exempt from payment of the fee. [ en F d f. ) Beginning October 1, 2002, a glass container importer who imports or manufactures in the State fewer that five thousand non -beverage glass containers within a one-year pe riod shall be exempt from payment of the fee. (d) [4�) Until September 30, 2002, a glass container importer who imports five thousand or more glass containers, but less than cr equal to one hundred thousand glass containers, shall be permitted to provide a report and payment of the fee annually, rather than quarterly. Beginning October 1, 2002, a glass container importer who imports or manufactures in the State five thousand or more non - beverage glass containers, but less than or equal to one hundred thousand non -beverage glass containers, shall be permitted to provide a report and payment of the fee annually, rather than uq arterly." SECTION 11. Section 342G-86, Hawaii Revised Statutes, is amended to read as follows: "(a) All county gla.,.s recovery programs shall include: (1) Some form of glass incentive or "buy back" program providing a means of encouraging participation by the public or private collectors; and (2 ) The paving [ _ ) of the equivalent of one mile of two lane asphalt roadway as part of a research and demonstration program utilizing glassphalt[—] or glass within any other portion of the pavement section; or any other demonstration project as approved by the department." SECTION 12. Section 392G-88, Hawaii Revised Statutes, is repealed. hitn-//wnuw ranitnl lintirnii 4..'... ..................._. ........... SECTION 13. Section 3420-89, Hawaii Revised Statutes, is repealed. SECTION 14. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 16. This Act shall take effect on July 1, 2050; provided that amendments made to section 36-27, Hawaii Revised Statutes, by this Act shall not be repealed when that section is reenacted on July 31, 2003, pursuant to section 9 of Act 142, Session Laws of Hawaii 1998. http://www.capitol.liawal i.gov/sessioncurrent/bills/hb l 256_sd2_.htm 11/19/2001 .. Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii. City &County of Honolulu tea- v� February 8, 2002 Bill Hansell Commission Chair Umatilla County Courthouse 216 South East 4th Pendleton, Oregon 97801-0880 Dear Mr. Hal: Thank you for your resume and request for NACo candidacy support. Although the committee was duly impressed by your professional strengths, we are unable to lend you our official endorsement. On January 16, 2002, the Hawaii State Association of Counties (HSAC) Executive Committee met and discussed your request for candidacy support. HSAC's informal procedure gives all NACo candidates the opportunity to meet with the Hawaii NACo delegation. At present, the committee has agreed to continue this practice, and as such, we are unable to endorse your candidacy at this time. Thank you again for your letter and resume. Hawaii's NACo delegation looks forward to meeting with you in Washington, D.C. Best of luck with the upcoming NACo election. Sincerely, Jon . oshimura e dent cc: J. Curtis Tyler, Vice President Dain Kane, Secretary Ron Kouchi, Treasurer JCY: sc Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City &County of Honolulu January 30, 2002 Brian Minaai, Director Department of Transportation 830 Punchbowl Street Honolulu, HI 96813 Dear Mr. Minaai: As you are well aware, there is strong public concern over the Department of Transportation's Photo Enforcement Program. In response to this concern, the Hawaii State Association of Counties (HSAC) is requesting information pertaining to the program and the role of the counties. Specifically, HSAC would like to be apprised of a timeline for the implementation of the program on the neighbor islands and where the program might be implemented, ie. County and/or State roads/intersections. Also, we would like to be made aware of any cost you foresee the counties may incur as a result of the Photo Enforcement Program. Thank you for your attention to this matter. Although we realize you may have previously made arrangements with our individual county councils, we appreciate the direct clarification. Sincerely, Jon C. Yoshimura, President cc: J. Curtis Tyler, Vice President Dain Kane, Secretary Ron Kouchi, Treasurer JCY: sc Photo Enforcement The Department of Transportation will launch a three-year project in December 2001 to demonstrate how high-speed photography can enhance safety on Hawaii's streets and highways. The goal will be to reduce the incidence of red light running and speeding, both leading causes of traffic accidents and their attendant deaths and injuries. Stationary cameras will be installed initially at 10 Oahu intersections to photograph vehicles that run red lights. Other cameras will photograph vehicles traveling at excessive speeds on Oahu's interstate highway system and state roads. Following an evaluation period, both programs will be implemented on the neighbor islands. For more information about Hawaii's photo enforcement system, click on one of the links at left. Why Photo Enforcement? The human and economic toll inflicted upon Hawaii citizens by motorists who disregard public safety laws continues to grow. Our news media report almost daily on traffic crashes caused by motorists who speed or run red lights. Public officials, law enforcement personnel and private citizens all agree that new measures are required to improve driving safety. In response to this growing demand, the State Legislature passed a bill in 1999 authorizing a three-year demonstration project using photo technology that will identify drivers who use excessive speed and disregard traffic signals. The Department of Transportation has been tasked with implementing the project. PhotoLaser Speed Detection System Speed kills, a truism made painfully clear far too many times year after year on Hawaii's streets and highways. Speed kills the speeders themselves, their passengers, innocent motorists in other vehicles and pedestrians. The community through its elected representatives — has decided that new solutions are required to increase highway safety. Legislation passed in 1998 authorized a demonstration project using photography to identify speeders and send them a citation in the mail. This photo speed imaging system is used in dozens of communities on the mainland to curtail speeding and establish norms for safe driving. The system is operated from inside or next to a van parked along a street or highway. Vehicles are targeted by the operator with a laser gun to accurately measure their speed. If a targeted vehicle is exceeding the speed limit by more than a set figure, the digital camera automatically and simultaneously captures two digital images - one of the vehicle's position on the road, and another of its license plate to enable identification. SPEEDING LOCATIONS • Farrington Highway • Fort Weaver Road • H-1 Freeway • H-2 Freeway • H-3 Freeway • Kahekili Highway • Kalanianaole Highway • Kamehameha Highway, Route 83 • Kamehameha Highway, Route 99 • Kaneohe Bay Drive • Kunia Road • Likelike Highway • Moanalua Freeway • Nimitz Highway • Pali Highway Red Light Photo Enforcement Ten intersections on Oahu have been selected for the initial installation of cameras to curtail red light running, and others will be added on all the islands. The Oahu intersections are: 1. Likelike Highway & Kahekili Highway 2. Interstate Route H-1 Exit 18 East & Middle Street 3. Pali Highway & School Street 4. Nimitz Highway & Kalihi Street 5. Kunia Road & Kupuna Loop 6. Kalanianaole Highway & Ainakoa Avenue/Waikui Street 7. Farrington Highway & Nanakuli Avenue 8. Fort Weaver Road & Aava Drive/Old Fort Weaver Road 9. Kamehameha Highway & Pali Momi Street 10. Vineyard Boulevard & Punchbowl Street Each time the traffic signal turns red for vehicles traveling in the direction being monitored by a camera, a photograph is taken showing the vehicles in relation to the sensors embedded in the pavement. If the vehicles in this image obey the red light, the system deletes the photograph. However, if one or more of the vehicles proceeds through the intersection illegally against the light, the sensors trigger the system to retain the photograph and take four more photographs of the vehicle at various stages of the red light violation. Among the photographs is a close-up image of the vehicle's license plate. The resulting record of the violation displays the date, time and location of the infraction, as well as the speed of the vehicle and length of time the light was completely red when the intersection was entered. The technology, which is used in San Francisco and Los Angeles, CA, Washington, D.C. and dozens of other cities on the mainland and around the world, has been shown to reduce red light violations and intersection crashes. Paying the Fine for a Violation A motorist who is photographed running a red light or speeding initiates a process that matches the license plate number in the photographs with Motor Vehicle Registration data to identify the registered owner of the vehicle. The registered owner is mailed a citation that includes the photographs taken at the time of the violation and information on vehicle speed, time of day and location. The fine for a red light violation is $77 if paid within 15 days and $102 if paid after 15 days. The speeding violation fine if paid within 15 days is $27 plus $5 for every mile -per - hour the vehicle was traveling over the speed limit. For example, the fine for traveling 64 mph in a 55 -mph zone would be $72. If payment is made after 15 days, the fine increases to $52 plus $5 for every mile -per -hour over the limit. For more information about Hawaii's photo enforcement system, click on one of the links at left. FREQUENTLY ASKED QUESTIONS ABOUT PHOTO ENFORCEMENT What is automated photo enforcement? To enhance the safety of Oahu's citizens and visitors, the Hawaii Department of Transportation has begun a program designed to reduce the number of drivers who violate traffic regulations. Automated cameras help enforce traffic laws by photographing the license plates of vehicles whose drivers exceed the posted speed limit or run red lights. The camera systems are situated in areas that were pre -determined by the Hawaii Department of Transportation. Fewer violations should reduce the accident and injury rates among drivers and pedestrians. How does the program work? Cameras capture violations and record all of the relevant data for the violation. For example, when a red light or speeding violation occurs, the camera records the date, time, speed of the vehicle, and the time elapsed since the beginning of the red signal. A citation showing a photo of the violation is then sent to the registered owner. Who authorized the photo enforcement program? Photo enforcement was authorized by the Hawaii State Legislature in 1998 (Act 234, SLH 1998) after numerous public hearings in both the House and Senate. The legislation was amended by Act 263, SLH 1999, and Act 240, SLH 2000. The Department of Transportation has implemented the program in accordance with the enabling legislation. Isn't my privacy being violated by your "Big Brother" cameras? No. The courts repeatedly have concluded that a driver who engages in deadly driving by blasting through red lights or speeding recklessly has no claim to privacy. This includes the much -publicized case in San Diego, CA, in which the court upheld the constitutionality of photo enforcement while finding that the city had failed to follow some administrative requirements. Across the nation, photo enforcement is accepted as a way to ensure that those who flaunt the law will be held accountable for their dangerous driving behavior. Where will the cameras be located? Ten intersections around Oahu are being equipped with cameras to capture the images of vehicles that run red lights. To enforce speeding laws, vans equipped with laser cameras are dispatched to major state highways around the island. This list may be found on HDOT's website: www.state.hi.us/dot/publicaffairs/photoenforcement How does the camera know when I've gone through a traffic signal on red? Sensors embedded in the pavement detect passing vehicles when the light is red. The sensors trigger a series of photographs that clearly show the vehicle's progress through the intersection on the red light, including a close-up of the vehicle's license plate. If I'm in an intersection waiting to turn left when the light turns red or if I turn right on a red light, will I be cited? No. Only vehicles that enter and proceed through an intersection after the light has turned completely red are in violation. If you're in the middle of the intersection waiting to turn left when the light changes to red, you won't be cited for a violation. Similarly, vehicles that come to a complete stop before turning right on red will not be cited. How does the camera know if 1 was speeding? The equipment works off the same principle as a conventional laser. The speed of the vehicle is calculated, and if it is in excess of a threshold speed, two photographs are automatically taken -one showing the vehicle's position on the roadway and another a close-up of the license plate. When a violation occurs, who receives the citation? Citations are mailed to the registered owner of the vehicle, who is liable for payment, unless the registered owner declares that someone else was operating the vehicle. The vendor receives the name and address of the registered owner from the County Motor Vehicle Registration files.. What if the registered owner was not driving the vehicle? If the registered owner was not the driver at the time of the violation, the name, address, driver's license number and signature of the operator of the vehicle may be provided to the courts. The declaration form is on the reverse side of the citation. Do plate covers keep you from reading my license plate? To the best of our knowledge there is not a product on the market that will prevent our cameras from recording a license plate number. The plate covers diffuse light which helps make the plates more readable at night. Will the citation go on my traffic abstract? Yes. The Traffic Violations Bureau will record all moving violations on a driver's traffic abstract. HDOT will submit legislation in the 2002 Legislative session to retroactively remove citations from the abstract. However there is some opposition to doing this from legislators and the insurance industry. Doesn't the state have better things to spend money on than buying photo enforcement equipment and paying a vendor? The entire program is funded through fines by violators. No taxpayer dollars are going into the program. Who gave the vendor police powers to issue citations? The enabling legislation provides that citations may be issued to persons who exceed the posted speed limit and enter intersections after the light has turned red by a vendor authorized by the Director of Transportation . Will a photo enforcement citation affect my insurance? That is up to your insurance company and how they determine your policy rate. The camera flash at night is bright. Isn't this distracting? There is no record of a collision resulting from a driver being distracted by a camera flash. Why do we have to pay a subpoena fee if we want the vendor to appear in court? Registered owners who receive a citation may ask that a representative of the company issuing the citation appear in court with them at their initial appearance. If they choose to do this, it will cost $25 to issue and serve the subpoena. However, most people do not do this. They plead their case before the judge at the initial hearing. If the case goes to trial, there is no subpoena fee as the prosecutor would issue the subpoena. Are any photos being taken of the driver? Several intersection cameras will take both front and back photos of the violation, including a photo of the driver. However, a photo of the driver is not required by the enabling legislation to prove a violation. Who gets the citation if the vehicle is jointly owned? The citation would be sent to the first listed name on the registration. Can the vendor shorten the yellow light on traffic signals so he can give more tickets? No. HDOT contracts with the City & County of Honolulu Department of Transportation Services (DTS) to operate and maintain all traffic signals on Oahu. Only DTS can change the timing on the signals. What happens if I do not pay the ticket? If there is no response to the citation (by written statement or in person on the scheduled court date), a default judgment in favor of the state will be ordered by the judge. A "license stopper" will be placed on the driver's license, meaning the license may not be renewed until the fine is paid. /provide company vehicles to my employees. Who is responsible for paying the citation? As registered owner, the citation will be mailed to you and you are ultimately responsible. You should keep a log of who is driving your vehicles and match the citations to the driver if you choose the pass the fine on to them. The date and time of the violation is printed on the citation to help you establish who was driving. Will rental cars be cited? Yes. The citation will be sent to the registered owner of the vehicle, i.e. the rental car company.. Rental car companies have policies in place to identify the driver of the vehicle. If the driver does not respond to the citation, the driver's license number may be entered into the National Law Enforcement Traffic System, and if their State Department of Motor Vehicles checks this system at the time they are trying to renew their driver's license, their renewal privileges may be withheld. What are the fines for these violations? The fine for running a red light is $77.00 if paid before the court date, $102.00 on or after court date. For speeding violations, the base fine is $27.00, plus an additional $5.00 for every mile per hour the vehicle was observed driving over the posted speed limit. if the fine is paid on or after the court date, the base increases to $52.00. Additional penalties may be assessed if payment is more than thirty (30) days past the court date. Now much revenue is this program generating? The revenue from this program is solely dependent on driver behavior. If drivers abide by traffic laws, less revenue will be generated. However, the program's goal is to improve road safety, not to generate revenue. Who gets the money from the fines? $7 goes to the Judiciary Driver's Education special fund and the remaining $20 goes to the state general fund. The vendor gets $29.25 for each citation issued. The remainder goes into the Photo Enforcement Revolving Fund to pay HDOT's administrative costs of operating the program. Any excess funds currently will go into the State General Fund. However, HDOT will be asking the 2002 Legislature to earmark these funds for highway safety education programs. Isn't photo enforcement just a way to generate money for the State? No. Nothing would please us more than zero revenues from this project, because that would mean an overall reduction in speed on our roads and no reckless running of red lights. Those are the project's goals. The vendor is paid a percentage of each citation issued, so doesn't that create an unsavory incentive for the vendor to boost the number of citations? The HDOT is sensitive to this concern and is exploring the possibility of switching to a flat fee to replace the current arrangement. However, daily on-site monitoring by HDOT staff ensures that only verifiable violations result in a citation being sent to the registered owner of the vehicle. If citizens don't want the vendor to be compensated, they can choose to not speed and run red lights. How do we know the intersection cameras are accurate? A field service technician will visit each intersection camera daily to test the camera, examine the triggering mechanism, and check the settings for optimum operating performance. Should the camera malfunction or lose power, it will automatically shut off, and no photographs will be taken. Will government vehicles get citations too? Yes. All federal, state and county vehicles that violate the law will receive citations. How much training do the laser camera operators get? Van operators receive 36 hours of training in the use of laser speed equipment and digital camera operation. This exceeds the training time that police officers get. Will police still be issuing tickets for red light running and speeding? Yes. This program is meant to enhance police enforcement efforts, not replace it. Will people with out of state plates be cited? Yes. How are intersections selected for photo enforcement? Intersections were selected by HDOT traffic engineers based on the number of collisions at the intersection and its suitability for photo enforcement cameras. How are locations selected for speed enforcement? Each site where a speed van is located has been reviewed by state traffic engineers and police for speeding problems, and suitability for enforcement. Each site is at least 11 -feet wide to provide a safety margin for the van which is parked there. What do I do if l want to fight the ticket? You may contest the ticket by appearing in court or by providing a written statement to the judge. Information about how to do this appears on the back of the citation. What if I don't know who was driving my car at the time of the violation? You may appear in court or provide a written statement to the judge explaining the situation. Every registered owner should know who is driving his/her vehicle. What if I get two or more tickets on the same day. Do I have to pay all of them? Motorist has three options: • Pay the citation, • Submit a written statement or, • Appear on the scheduled hearing date. How can you tell which vehicle is the one speeding when there is a portion of another vehicle in the picture? The cross hairs on the photo clearly identify the vehicle committing the violation. Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu y ov o rr a �9 !moo _ • o I OF HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE MEETING March 22, 2002 9:00 a.m. City Council Chamber City Hall Honolulu, Hawaii I. CALL TO ORDER II. EXECUTIVE COMMITTEE MEETING MINUTES February 8, 2002 III. TREASURER'S REPORT January 2002 N. REPORTS A. Executive Committee Reports B. County Reports C. NACo Report V. UNFINISHED BUSINESS A. State Legislation Relating to Beverage Container Deposits The purpose of this item is to act on a proposal to include in the 2002 HSAC Legislative Package a legislative measure to enact a beverage container deposit law. See Honolulu Council Resolution 01-333. r Hawaii - Honolulu - Approved. Kauai - Maui - B. 2002 Legislative Session The purpose of this item is to discuss the 2002 HSAC Legislative Package and other state legislation of interest to counties. C. Candidacy of Bill Hansell for NACo 2"d Vice President The purpose of this item is to discuss the candidacy of Bill Hansell for NACo 2nd Vice President. See attached endorsement letter and biography. VI. NEW BUSINESS A. HSAC FY 2002-2003 Annual Budget The purpose of this item is to discuss the HSAC budget for fiscal year 2002-2003. See memorandum from Ronald Kouchi, HSAC Treasurer, to HSAC Executive Committee members, dated March 8, 2002. B. Presentation by Liberty Mutual Group David Hayden, National Account Executive, Liberty Mutual Group, will make a presentation regarding a voluntary employee benefit program. C. Presentation by Digimarc Corporation David Ushio, Consultant, Digimarc Corporation, will make a presentation regarding digital watermark technology for document security and government applications. VII. COMMUNICATIONS VIII. ANNOUNCEMENTS A. Next meeting scheduled for April 12, 2002, 9:00 a.m., Honolulu Hale IX. ADJOURNMENT -2- u�,,/-U/U: nLll 15:27 I�AX 806 '70 7686 AIAU1 COUNTY COUNCIL ANDREW SEKINE [x]00 Hawaii tats ad ' Counties Counties of l(auai, Maui and Hawaii, City & County of Honolulu �•! Y t �F February 8, 2002 P 6 oP Council Committee Room City Hall Honolulu, Hawaii 1. CALL TO ORDER The HSAC Executive Committee was called to order by President Jon Yoshimura at 9:03 a.m. The following members comprised a quorum: City and County of Honolulu: President Jon Yoshimura Staff Andrew Sekine Staff Sean Casey Staff Charlotte Takasue County of Hawaii: Vice President J. Curtis Tyler III County of Maui: Secretary Dain P. Kane Councilmember G. Riki Hokama Staff David Raatz County of Kauai: Treasurer, Ron Kouchi Staff Cyndi Ayonon II. EXECUTIVE COMMITTEE MEETING MINUTES The minutes of the January 16, 2002 meeting were approved. III. REPORTS OF THE TREASURER The amended Treasurer's Report for December 2001 was approved. Treasurer Kouchi said the auditors are unable to reconcile the financial reports regarding the December 2000 HSAC conference since information is pending from former HSAC President, Rene Mansho's office. He further stated that he hopes financial information will be quickly forthcoming from President Yoshimura's office so the financial reports regarding the last HSAC conference can be closed. HSAC Executive Committee Minutes of the February 8, 2002 meeting Page 2 IV. REPORTS OF COMMITTEES A. Executive Committee Reports There were no county reports. B. County Reports There were no county reports. C. NACo Reports Vice President Tyler thanked President Yoshimura for sending a letter to Bill Hansell, candidate for NACo 2nd Vice President. He inquired whether it would be appropriate to schedule a breakfast meeting with Mr. Hansell during the NACo conference in Washington D.C. President Yoshimura indicated that scheduling a breakfast meeting would be fine. Treasurer Kouchi suggested an e-mail be sent to the counties to find out which council members are planning to attend the NACo conference in Washington D.C. and what their schedules are like. Treasurer Kouchi noted his travel dates. Vice President Tyler and Councilmember Hokama noted their travel dates to Washington D.C. as well as their schedules while there. Treasurer Kouchi also suggested the meeting be coordinated with those council members not staying at the Hilton. Secretary Kane inquired whether everyone would be staying at the Hilton. Treasurer Kouchi thanked Mr. Hokama for setting up meetings with Hawaii's Congressional Delegation in Washington D.C. on Tuesday, March 5, 2002 Councilmember Hokama noted that an 11:00 a.m. meeting has been arranged with Senator Akaka; a 2:00 p.m. with Representative Mink; a 3:00 p.m. meeting with Representative Abercrombie; and a 4:00 p.m. meeting with Senator Inouye. Councilmember Hokama noted that the NACo Transportation Steering Committee will be held at 1:00 pm on March 28, 2002. He stated that the main item will be the reauthorization of TEA -21 funds. He further stated that the President has indicated he may be considering a $9 billion reduction in the Federal Highway Fund. Some of these funds may be shifted to SEA -21 funds for port security and construction of additional port facility capacity. 02/20/02 EYED 15:28 FAX 808 270 7686 AIAUI COUNTY COUNCIL -+ , ANDREW SEKINE 1�n00 HSAC Executive Committee Minutes of the February 8, 2002 meeting Page 3 Treasurer Kouchi commented on a suit filed by Earth Justice on the Big Island regarding the critical habitat issue. He noted that Kauai was selected as the first place to designate critical habitat. Hearings began a year ago with over 200 people showing at each hearing. Most of the attendees were hunters and environmental groups. The original plan proposed designation of 66,000 acres of land and the new plan proposes the designation of 99,000 acres as critical habitat. Treasurer Kouchi expressed concern that testimony opposing the designation had been ignored. He is concerned that the resource will not be managed properly and access will be denied to local residents. He stated that he brought the issue up with a Deputy Director of Fish and Wildlife at last year's NACo conference in Washington D.C. He is not clear how the critical habitat issue will figure into the Hawaii Supreme Court ruling on native gathering rights. He plans to report on the outcome of the Kauai hearings to people in Washington D.C. Vice President Tyler noted his concerns regarding the large areas of land this issue may affect on the Big Island. V. UNFINISHED BUSINESS A. 2002 HSAC Legislative Package President Yoshimura noted that following the HSAC Executive Committee meeting, the Committee members would be meeting with Senate President Bunda at 10:00 a.m,- the Governor at 10:30 a.m., and Speaker Say's staff at 11:00 a.m. Secretary Kane noted that he had appeared before the Legislature earlier in the week and had represented HSAC regarding the landowner's liability bill, Senate Bili 2653. He provided comments on attendance at the hearing and noted the proposed bill passed out of both the Senate and House and should be headed to the respective Judiciary Committees. Honolulu City and County staff, Andrew Sekine; and Kauai County staff, Cyndi Ayonon provided a legislative update on the 2002 HSAC Legislative Package. Honolulu City and County staff, Sean Casey circulated the 2002 HSAC Legislative Package to the Committee members for signature. President Yoshimura noted a draft version had been sent to the Legislature with his ....., - ---11- - n1lv1\C.I1 JC.11111n Wi HSAC Executive Committee Minutes of the February 8, 2002 meeting Wage 4 signature only, but the formal version would be submitted after the Committee meeting. S. State legislation relating to beverage container deposits. 'resident Yoshimura noted that the Honolulu City Council approved the inclusion of legislation relating to beverage container deposits by resolution. Treasurer Kouchi reported that the matter will be heard on Kauai next week. Vice President Tyler reported that the matter has passed out of Committee. Secretary Kane reported that the Maui has taken no action on the matter. VI. NEW BUSINESS A. State Legislation of Interest to Counties There were no comments regarding the issue of gambling. Secretary Kane noted that one area of interest deals with the Kamehameha Schools and the charter issue regarding providing enhancement monies for Native Hawaiian populated areas. Kauai and Hana may receive funds. The Kamehameha Schools is willing to provide $1 for every $3 the State Department of Education provides. He indicated that the Kamehameha Schools is prepared to provide up to approximately $3 million . President Yoshimura encouraged Secretary Kane to keep the Committee updated on the issue. Vice President Tyler thanked President Yoshimura for sending a letter to the State Department of Transportation expressing the Committee's concerns. There were no comments regarding the issue of home rule authority. VII. COMMUNICATIONS There were no communications. VIII. ANNOUNCEMENTS Councilmember Hokama noted that the recent Security Summit with Symantec Corporation was successful. He noted that the Mayor of the County of Maui will be working with the Maui County Council to consider a 02/20/02 WED 15:29 FAX 808 270 7686 MAUI COUNTY COUNCIL ... ANDREW SEKINE 1000 HSAC Executive Committee Minutes of the February 8, 2002 meeting Page 5 security assessment for Maui for a fee. He stated that they will be present at the NACo conference in Washington D. C. President Yoshimura announced that the next meeting will be held on March 22, 2002 at 9:00 a.m. at Honolulu Hale. IX. ADJOURNMENT There being no further business, the meeting was adjourned at 9:30 a.m. Very truly yours, DAIN P. KANE Secretary Hawaii State Association of Counties ocs:proj:hsac:hsac 2001-2002:020208min:rkk Hawaii tate Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu March 4, 2002 The Executive Committee Members Hawaii State Association of Counties Dear Executive Committee Members. Please find enclosed a report of the._. Association's revenues collected and expenses paid for the fiscal period January 1 through January 31, 2002. Enc. Sincerely, Iv V /- RONALD KOUCHI Treasurer, Hawaii State Association of Counties s 6{RIVRRfRR -.. HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period: January 1 through January 31, 2002 FUND BALANCE AT BEGINNING DATE $45,446.83 001 Membership Fees $0.00 $28,000.00 $28,000.00 010 Conference Income $0.00 $8,957.70 $8,000.00 011 Conference Seed Money Reimburseme $0.00 $1,000.00 $0.00 030 Interest Income $66.21 $603.08 $1,200.00 Total $66.21 $38,560.78 $37,200.00 TOTAL RECEIPTS THIS PERIOD 0.00 0.00 $66.21 Disbursements Executive Committee 201 Travel 202 Auditing Services 203 Stationery 209 Miscellaneous Special Committees 301 Travel 309 Miscellaneous NACo 401 Travel 402 Promotional 403 Dues 409 Miscellaneous WIR 501 Travel 502 Promotional 503 Dues 509 Miscellaneous Conferences 609 Miscellaneous 610 WIR Conference 2001 611 NACo Annual Conference 2005 612 HSAC 2001 Mid -Year Conference Total 780.00 780.00 3,300.00 0.00 0.00 4,750.00 0.00 0.00 1,000.00 0.00 0.00 500.00 0.00 0.00 600.00 0.00 0.00 100.00 2,000.00 3,795.30 9,000.00 0.00 0.00 500.00 0.00 21,509.00 21,215.00 0.00 0.00 250.00 0.00 0.00 3,000.00 0.00 0.00 500.00 2,200.00 2,200.00 2,200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,605.22 0.00 1.000.00 0.00 TOTAL EXPENSES THIS PERIOD FUND BALANCE AT END OF PERIOD: *per FY 01-02 budget $4,980.00 $ 29,284.30 $ 49,520.22 $48980.00 $40,533.04 ~� CITY COUNCIL - � f Imo_ CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 01-333 RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2002 HSAC LEGISLATIVE PACKAGE TO ENACT A BEVERAGE CONTAINER DEPOSIT LAW. WHEREAS, recycling is an important element of an integrated solid waste management system; and WHEREAS, Section 342G -3(a)(2), Hawaii Revised Statutes, establishes a goal of recycling 50% of the solid waste stream in the State of Hawaii by 2000; and WHEREAS, however, the current recycling rate in the State of Hawaii is approximately 20% of the available recyclable materials; and WHEREAS, a 1990 U.S. Government Accounting Office report estimated that bottles and cans represent 40-60% of total litter nationwide; and WHEREAS, jurisdictions that have implemented beverage container deposit laws achieve an average beverage container recovery rate of 80%, while the national beverage container recovery rate is 38%; and WHEREAS, a beverage container deposit law ("bottle bill") would require the establishment of a minimum refundable deposit on beer, soft drink, and other beverage containers, including plastic and glass bottles and aluminum cans, in order to provide an incentive for beverage container recycling or reuse; and WHEREAS, the enactment of a beverage container deposit law would benefit local government by reducing the costs of solid waste disposal, recycling, and clean-up, as well as reducing the amount of solid waste being deposited into municipal landfills; and WHEREAS, approval by all the counties is required to include a legislative proposal in the HSAC legislative package; now, therefore, OCS00753.R01 RESOLUTION BE IT RESOLVED by the Council of the City and County of Honolulu that it approves for inclusion in the 2002 Hawaii State Association of Counties' Legislative Package a proposal to enact a beverage container deposit law as set forth in Exhibit A, attached; and BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. DATE OF INTRODUCTION: OEC 5 2001 Honolulu, Hawaii (OCS/120401/ct) CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII I hereby certify that the foregoing RESOLUTION Was adopted by the COUNCIL OF THE CITY AND COUNTY OF HONOLULU on the date and by the vote indicated to the right. ATTEST: GENEVIEVE G. WONG JON C.YOSHIMURA City Clerk CHAIR AND PRESIDING OFFICER IATRODUCED Councilmembers -2- ADOPTED MEETING HELD AYE NO A/E BAINUM CACHOLA DeSOTO FELIX HOLMES MANSHO MIRIKLTANI Resigned 12/1/01 OKINO Dated I L I Reference: Report No. Resolution NO 01-333 Page 1 of 2U EXHIBIT A Report Title: Solid Waste Management; Beverage Container Bill Description: Imposes beverage container requirements and fees. Requires beverage distributors to register with the State. Establishes the beverage container deposit special fund. Provides for the redemption of empty beverage containers. Provides requirements for recycling facilities and redemption centers. (SD2) HOUSE OF REPRESENTATIVES TWENTY-FIRST LEGISLATURE, 2001 STATE OF HAWAII ■ ■ � ( 0 1256 H.D. 2 RELATING TO SOLID WASTE MANAGEMENT. S.D. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The legislature finds that recycling is an important element of an integrated solid waste management system, which can protect and preserve environmental resources and reduce economic costs to residents and businesses within the State. The legislature finds a need to expand participation in residential recycling programs and to minimize costs to those participating and to government. The purpose of this Act is to increase participation and recycling rates, provide a connection between manufacturing decisions and recycling program management, and reduce litter. SECTION 2. Chapter 342G, Hawaii Revised Statutes, is amended by adding two new parts to be appropriately designated and to read as follows: http://www.capitol.hawaii.gov/sessloncurrent[biIls/hbI256_sd2, htm 11/19/2001 1 1181Z Z 01 /M "PART A. BEVERAGE CONTAINER FEE §342G -A Definitions. As used in this part and part B, unless the context requires otherwise: "Beverage" means beer, ale, or other drink produced by fermenting malt, spirits, wine, wine coolers, 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, except for dairy -derived products. The term "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 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 supplement and not as a beverage; (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 (i) Seafood, meat, or vegetable broths, or soups, but not juices. "Beverage container" means the individual, separate, sealed glass, aluminum, plastic bottle, or can used for containing, at the time of sale to the consumer, one gallon (3.8 liters) or less of a beverage intended for use or consumption in this State. "Beverage distributor" means a person who is a manufacturer of http://www.capitol.hawaii_gov/sessioncu: rent/bil ls/hb l 256—sd2_.htm 11/19/2001 beverages in beverage containers in this State, or who imports and engages in the sale of filled beverage containers to a dealer or consumer. The term includes federal agencies and military distributors, but does not include airlines and shipping companies that merely transport beverage containers. "Consumer" means a person who buys a beverage for use or consumption. "Dealer" means a person who engages in the sale of beverages in beverage containers to a consumer for off -premises consumption in the State. "Department" means the department of health. "Import" means to buy, bring, or accept delivery of filled beverage containers from an address, supplier, or any entity outside of the State. "Recyclable" means that the beverage container is made of one of the following materials: metal, glass, single layer polyethylene terephthalate, or high density polyethylene, that can be recovered from the waste stream and recycled in total or in part for the same or other uses. §342G -B Beverage container requirements. Beginning October 1, 2003, no person may sell, distribute, collect, except for purposes of litter control, or redeem in this State, a beverage container that has not received approval from the director as a recyclable within the State in order to be distributed and collected at redemption operations in the State. §342G -C Beverage container fee. (a) Beginning on October 1, 2002, every beverage distributor shall pay to the department a beverage container fee on each beverage container manufactured or imported into the State. Th— fee shall be imposed only once on the same beverage container. The fee shall be cents per beverage container. (b) The beverage container fee shall not exceed cents per container for the first five years of operation of the beverage container deposit program as specified in part B. (c) The department, with the assistance from the county solid waste agencies, shall: (1) Evaluate the amount of beverage containers recovered during the first fifteen months of the fully implemented beverage container deposit program specified in part B; and httLp://vAm.capitol.hawall.gov/sessioncurrent/bil,is/hb I 256_sd2_-htm 11/19,12001 (2) Recommend to the legislature any modification in the fee structure to meet the beverage container deposit program funding requirements. Thereafter, prior to the convening of the legislative session in each subsequent even -numbered year, the department, in coordination with the counties, shall report to the legislature on the effectiveness of the program and make appropriate recommendations for modification of the fee. c o county shall impose or collect any assessment or fee on beverage containers for the same or similar purpose that is the subject of this chapter. §342G -D Beverage distributors; registration, recordkeeping requirements. (a) By July 1, 2002, all beverage distributors operating within the State shall register with the department, using forms prescribed by the department, and shall notify the department of any change in address or other information previously submitted. After July 1, 2002, any person who desires to conduct business in the State as a beverage distributor shall register with the department no later than one month prior to the commencement of the business. (b) All beverage distributors shall maintain records reflecting the manufacture of their beverages in beverage containers as well as the importation and exportation of beverage containers. The records shall be made available, upon request, for inspection by the department; provided that any proprietary information obtained by the department 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 chapter or any rule adopted pursuant to this chapter; or (2) Under an order issued by a court or administrative agency hearings officer. §3426-E Deposit .into beverage container deposit special fund; use of funds. (a) There is established in the state treasury the beverage container deposit special fund, into which shall be deposited: (1) All revenues generated from the beverage container fee as described under section 342G -C; (2) All revenues generated from the beverage container deposit as described under section 342G- http://www.capitol.hawaii.gov/sessioncurrent/bilisfhb 1256_sd2_.htm 11/19/2001 J; and (3) All accrued interest from this fund. (b) Moneys in the fund shall be used to reimburse refund values and pay handling fees to certified redemption operations as established under part B. The department may also use the money to: (1) Fund administrative, audit, and compliance activities associated with collection and payment of the deposits and handling fees of the beverage container fee and deposit program; (2) Conduct recycling education and demonstration projects; (3) Promote recyclable market development activities; (4) Support the handling and transportation of the beverage containers to end -markets; (S) faire personnel to oversee the implementation of the beverage container fee and deposit program, including permitting, certification, and enforcement activities; and (6) Fund associated office expenses. §3426-F Beverage container inventory report and payment. (a) Beginning October 1, 2050, payment of the beverage container fee shall be made monthly based on inventory reports of the beverage distributors. All beverage distributors shall submit to the department documentation in sufficient detail that identifies: (1) The number :.: beverages in beverage containers manufactured in or imported to the State; and (2) The number of these beverage containers exported out of the State during the reporting period. (b) The amount due from beverage distributors shall be the net number of beverage containers imported or manufactured into the State (the total number of containers imported or manufactured less the total number of containers exported) multiplied by the beverage container fee of cents. Payment shall be made by check or money order payable to the "Department of Health, State of Hawaii". All inventory reports and payments shall be made no later than the fifteenth day of the month following the end of the previous month. http://wi w.capitol.hawaii.gov/sessioncurrent/biIIs/hb1256_sd2_.htm 11/19/2001 rage o of 20 §342G -G Contract for administrative services. The department may contract the services of a third party to administer the beverage container fee program under this part. PART B. BEVERAGE CONTAINER DEPOSIT §342G -H Definitions. As used in this part, unless the context requires otherwise: "Importer" means any person who buys, brings, or accepts delivery of beverages in containers from outside the State for sale or use within the State. "Initiate a deposit" means to be the first person to charge a deposit on a specific beverage container. "On -premises consumption" means beverages are consumed by a customer immediately and within the area under control of the establishment, including bars, restaurants, passenger ships, and airplanes. "Person" means any individual, par,nership, firm, association, public or private corporation, .c-deral agency, the State or any of its political subdivisions, trurt, estate, or any other legal entity. "Private label beverages" meanr tic-verages purchased from a beverage manufacturer in beverage con_aincrs bearing a brand name or trademark, for sale at retail directly by the owner or licensee of that brand name or trademark; o: through retail dealers affiliated with the owner or licensee by a cooperative or franchise agreement. "Recycling facility" means all contiguous land and structures and other appurtenances, and improvements on the land used for the collection, separation, recovery, and sale of reuse of secondary resources that would otherwise be disposed of as municipal solid waste, and is an integral part of a manufacturing process aimed at producing a marketable product made of postconsumer material. "Redeemer" means a person, other than a dealer or distributor, who demands the refund value in exchange for the empty beverage container. "Redemption center" means an operation which is certified by the State and which accepts from consumers, and pays or provides the refund value for empty beverage containers intended to be recycled, and ensures that the empty beverage containers are properly recycled. "Refillable beverage container" means any glass or plastic beverage http://www.capitol_hawaii.gov/sessioncuerentfbilisfhb l 256_sd2_.htm 11/19/2001 i JL l i_ \.� J✓� Nage 7 of 20 container, or other beverage container, which ordinarily would be returned to the manufacturer to be refilled and resold. "Reverse vending machine" means a mechanical device, which accepts one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's refund value. The refund value payments shall be aggregated and then paid if more than one container is redeemed in a single transaction. 5342G-1 Rules; commencement. The department shall adopt rules pursuant to chapter 91 as may be necessary for the purposes of this part and part A. The rules shall be adopted on or before December 31. 2002. Full implementation of the beverage container deposit program shall commence no later than October 1, 2003. §342G -J Initiation and application of deposits. (a) Every beverage container sold in this State shall have a refund value of not less than cents for a beverage container smaller than or equal to twenty-four fluid ounces, and not less than cents for a beverage container larger than twenty-four fluid ounces. Each such beverage container shall have the refund value clearly indicated on it as provided in section 342G -L. (b) The refund value is the amount of the deposit required. Once an indication of refund has been applied to a beverage container, the deposit value on that beverage container may not be changed. (c) The deposit on each filled beverage container shall be initiated by the beverage distributor, who manufactures or imports beverages in beverage containers, and paid to the State of Hawaii. The funds shall be deposited into the beverage container deposit special fund as described in section 392G -V. (d) Beverage distributors who are required under subsection (c) to initiate a deposit shall also pay a beverage -ontainer fee and register with the State in accordance with part A. §342G -K Sales of beverages in beverage containers. (a) Every beverage distributor who initiates a deposit shall charge their customers a deposit equal to the refund value for each beverage container sold in Hawaii. (b) Each dealer shall charge the customer the beverage container deposit at the point of sale of the beverage excluding sales as defined as for on -premises consumption. §342G -L Beverage container requirements. (a) Except as provided in subsection (b), every beverage container sold in this State shall clearly indicate the refund value of the beverage container and the word "Hawaii" or the letters "HI". The names or letters representing the names of other states with comparable deposit http://dvww.capitol.hawaii.gov/sessioncurrent/bill,;/hbl256_sd2-.htm 11/19/2001 ................. Idgcao12IJ legislation may also be included in the indication of refund value. Other indications may be required as specified in rules. (b) Subsection (a) does not apply to any type of refillable glass beverage container which has a brand name permanently marked on it and which has the equivalent of a refund value of at least cents for beverage containers smaller than or equal to twenty-four fluid ounces, or at least cents for beverage containers larger than twenty-four fluid ounces prior to the effective date of this part. §342G -M Redemption of empty beverage eontai.ners . ( a ) Except as provided in subsection (b), a dealer shall: (1) Operate a redemption center by accepting all types of empty .beverage containers with a Hawaii refund value; (2) Pay to the redeemer the full refund value. for all recyclable beverage containers which bear a valid Hawaii redemption value; and (3) Ensure each container collected .is recycled, and forward such documentation necessary to support claims for payment as stated in section 342G -S, or rules adopted under this part. (b) Subsection (a) shall not apply to any dealer: (1) Who is located within one mile of a certified redemption center that is operated independently from a dealer; (2) Who subcontracts with a certified redemption center for operation on the dealer's premises; (3) Whose sale of beverage containers are only via vending machines; (4) Whose store size is less than five thousand square feet of interior space; (5) Who can demonstrate physical hardship, or financial hardship, or both, based on specific criteria established in rules; or (6) Who meet other criteria established by the director. (c) All dealers, regardless of square footage, shall post a clear and conspicuous sign at each public entrance to the dealer's place http://%v ww.capitol.hawaii.gov/sessioncur-rentfbills/hbl256_sd2—_hien 11/19/2001 Page 9 of 20 of business, which specifies the name, address, and hours of operation of the closest redemption center locations. (d) If there is no redemption center within a one -mile radius of a dealer due to the criteria described in subsection (b), then the respective county and the State shall determine the need for a redemption center in that area. If a redemption center is deemed necessary, then the county, with assistance from the State, shall establish the redemption center with funding from the beverage container deposit special fund. §342G -N Redemption centers. (a) Any person may establish a redemption center and accept and redeem deposits on all types of empty beverage containers for which a deposit has been initiated. Any person who establishes a redemption center pursuant to this part shall be permitted in accordance with chapter 342H as a solid waste management facility and shall apply to the director in writing for certified redemption center status. (b) Applications for certification as a redemption center shall be filed with the department of health on forms prescribed by the department. (c) The State, at any time, may review certification of a redemption center. After written, notice to the person responsible for the establishment and operation of the redemption center and to the dealers served by the redemption center, the State, after it has afforded the redemption center operator a hearing in accordance with chapter 91, may withdraw certification of the center if it finds that there has noz been compliance with applicable laws, rules, permit conditions, or certification requirements. (d) Redemption centers shall: (1) Pay to the redeemer the full refund value for all beverage containers; (2) Verify that all containers to be rokieemed bear a valid Hawaii redemption value; (3) Ensure each container collected is recycled through a contractual agreement with an out-of- state recycler or an in-state recycling facility permitted by the department; provided that this paragraph shall not apply if the redemption center is operated by a recycler permitted by the department; and (4) Forward such documentation necessary to support claims for payment as stated in section 342G -S. (e) Redemption centers' redemption areas shall be maintained in http://ev-A,�A,.capitol.hawaii.gov/sessioncurrentfbills/ll-,b l 256_sd2_.htm 11/19/2001 full compliance with applicable laws and with the orders and rules of the department of health. §3426-0 Reverse vending machine requirements. Reverse vending machines may be used by redemption centers to satisfy the requirements of section 342G -M; provided that the reverse vending machine shall accept any type of empty recyclable beverage container and pay out appropriate refunds for those containers that bear a valid Hawaii redemption value. If the reverse vending machine is unable to read the Hawaii refund value, then the department may specify a delayed date in which the reverse vending machines may be used. The reverse vending machine shall be routinely serviced to ensure proper operation and continuous acceptance of containers and payment of refunds. §342G -P Refusal of acceptance of a beverage container. Redemption centers may refuse to accept any broken bottle, corroded or dismembered can, or any beverage container which: (1) Contains a free flowing liquid; (2) Does not properly indicate a refund value; or (3) Contains a significant amount of foreign material. §3426-Q Handling fees and redemption values. (a) The State shall pay :o each redemption center a handling fee of not less than cents for each empty recyclable beverage container redeemed by a consumer and transported out-of-state for recycling or received by a department -permitted recycler. The handling fee shall be paid in addition to the redemption value of each such empty beverage container. The department may choose to pay the handling fee and redemption value on the basis of the total weight of the beverage co„tainers received by material type and the average weight of each co::=ainer type. Such conversions shall be defined in rules. (b) A handling fee and redemption value may only be paid once for each container redeemed by a consumer and claimed by a redemption center. §342G -R Distributor recordkeeping and payment :requirements. Each distributor who initiates a deposit on a beverage container shall maintain a record of all deposits initiated and paid to the State_ Each such distributor shall maintain this information according to generally accepted accounting principles and shall provide monthly reports of this information to the director no later than the fifteenth day of the month following the month covered within the report. The monthly report shall contain at a minimum: (1) The quantity of distributed containers; http://www.capitol.hawaii.gov/sessioncurrent/bills/hb 1256_sd2-.htm 11/19/2001 (2) The amount of deposit by container size and type; and (3) Any other information required by the director. Payment of the deposits shall be submitted with the monthly reports. §342G -S Redemption center reporting. A redemption center shall prepare and maintain records, which reflect: (1) The transactions made; (2) The amount, type, and sizes of containers accepted and rejected; (3) Refunds paid out; (4) The amount and weight of each type of containers transported out-of-state, or to a department -permitted recycler; and (S) Any other information required by the department. §342G -T Recycling facility reporting. Recycling facilities, in addition to any requi-,_ements under chapter 342H, shall prepare or maintain the documents involving empty beverage containers, as required by the department. §342G -U Audit authority. The records of the beverage distributor, dealer, redemption center, and recycling facility 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 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 chapter or any rule adopted pursuant to this chapter; or (2) Under an order issued by a court or administrative agency hearings officer. §3426-V Deposit into beverage container deposit special fund. Revenues generated from the beverage container deposit shall be deposited into the beverage container deposit special fund as specified under section 342G -E. Moneys in the fund shall be used in accordance with section 342G -E. http://v.w-A,.capitol.hawaii.gov/sessioncu.rentlbills/hb 1256_sd2_.htm 11/19/2001 ....................... . a 8l-- 1-= 01 z u §342G -W General prohibition. All contracts or agreements entered into between or among persons subject to this part shall be consistent with this part and any implementing rules. No such contract or agreement may be designed to hinder or frustrate the purpose or intent of this part." SECTION 3. Section 342G-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""Beverage" means beer, ale, or other drink produced by fermenting malt, spirits, wine, wine coolers, 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, except for dairy -derived products The term "beverage" excludes the following: A liquid which is: A syrup; In a concentrated form; or Tvri calls added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments; J2) A liquid which is ingested in very small quantities and which is consumed for medicinal purposes onlyi (a A liguid which is designed and consumed only as a nutritional supplement and not as a beverage; (4)_ Products frozen at the time of sale to the -consumer, or, in the case of institutional users such as hosRitals and nursing homes, at the time of sale to the users; Products designed to be consumed in a frozen state; (6J Instant drink powders; and (7Z Seafood, meat, or vegetable broths, or soups, but not Juices-" SECTION 4. Section 342G-81, Hawaii Revised Statutes, is amended by http://www.capi tol.hawaii.gov/sessioncurrent/billsfhb l 256_sd2_.htm 11/19/2001 Page t 3 of 20 adding a new definition to be appropriately inserted and to read as follows: ""Glass beverage container" means: (1) The individual, separate, sealed glass container used for containing, at the time of import, one gallon or less of a beverage; or _L2j The empty, individual, separate glass container that will be filled with one gallon or less of a beverage and sealed in this State, such that these glass beverage containers are sub-iect_to parts A and E." SECTION 5. Section 36-27, Hawaii Revised Statutes, is amended to read as follows: "§36-27 Transfers from special funds for central service expenses. 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 summer school and intersession fund under section 302A-1310; (2) School cafeteria special funds of the department of education; (3) Special funds of the University of Hawaii; (A) State educational facilities improvement special fund; (5) Convention center capital and operations special fund under section 206X-10.5; (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) Domestic violence prevention special fund under section 321-1.3; (11) Spouse and child abuse special account under http://www.capitol.hawaii.gov/sessioncurTent/bills/M 1256_sd2-.htm 11/19/2001 'a8u 401LU section 346-7.5; (12) Spouse and child abuse special account under section 601-3.6; (13) Funds of the employees' retirement system created by section 88-109; (14) Unemployment compensation fund established under section 383-121; (15) Hawaii hurricane relief fund established under chapter 431P; (16) Hawaii health systems corporation special funds; (17) Boiler and elevator safety revolving fund established under section 397-5.5; (18) Tourism special fund established under section 201B-11; (19) Department of commerce and consumer affairs' special funds; (20) Compliance resolution fund established under section 29--9; (21) Universal service fund established under chapter 269; (22) Integrated tax information management systems special fund under section 2313.2; (23) In�,.lrance regulation fund under section 431:2- 215; (24) Hawaii tobacco settlement special fund under section 328L-2; (25) Emergency budget and reserve fund under section 328L-3; (26) Probation services special fund under section 706-649; [J (27) High technology special fund under section 206M-15.5; and X28)_ Beverage container deposit special fund under http://www.capitol.hawai1.gov/sessioncurrent/biIIsfhb1256_sd2_.htm 1 1/19/2001 nt) i L..JU JUL section 342G -E; Page 15 of -20 shall deduct five per cent of all receipts of all other 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 6. Section 342G-71, Hawaii Revised Statutes, is amended to read as follows: "[+]§3426-71[4-] Penalties. Any person who violates any provision of this chapter or any rule adopted pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation shall_ constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be [s- e� aeierr ] made through field citations or administrative, civil or criminal actions " SECTION 7. Section 342G-72. Hawaii Revised Statutes, is amended to read as follows: [+1 9342G-72 [4-] Enforcement. ( - depa�--t rent ef--;ealt-h &4ja,j__a_ (a) If the director determines that any person__has violated or is violating any provision of this chapter_,_ 90-Y--rule--adopted pursuant to this chapter, or any term or condition of a permit or certification issued pursuant to this chapter, the director may do any one or more of the following: Issue a field citation assessing an administrative penalty and ordering immediate corrective action or within a specified time; an order assessing an administrative_ penalty for any past or current violation; (11. Require compliance immediately or within a specified time; and _(4) Commence a civil action in circuit court in which the violation occurred or where the person resides or maintains the person's principal__place of business for appropriate reliefL. i,ncluding_a temporary, preliminary, or permanent injunction, http:/hvww.capitol.hawaii.gov/sessioncurrenUbills/hb] 256_sd2_.htm 11/19/2001 I abL I u OI zu the imposition and collection of civil penalties,_ or other relief. (b) Anv order issued pursuant to this section may include a suspension, modification, or revocation of a certification issued under this chapter, and shall state with reasonable specificity the nature of the violation. Sc) Any order issued under this chapter shall become final unless not later than twenty days after the notice of -order is served, the person or persons named therein request in writing a hearing before the director. Any penalty imposed under this chapter shall become due and payable twenty days after the notice of penalty is served unless the person or persons named therein request in writing a hearing before the director. Whenever a hearing is requested on any penalty imposed under this chapter, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. Upon request for a hearing, the director shall require that the alleged violator or violators appear before the director for a hearing at a time and place specified_ in the notice and answer the charges complained of. (d) Any hearing cond,,,,.:ted under this section shall be conducted as a contested case under chapter 91. If after a hearing held pursuant to this section the director finds that a violation or violations have occurred the director shall: _Affirm or modify any penalties imposed or shall modify or affirm the order previously issued; or (2) Issue an appropriate order or orders for the grevention,_abatement or control of the violation involved, or for the taking of such other corrective action as may be appropriate. If after a hearing on an order or penalty contained in a notice, the director finds that no violation has occurred or is occurring,_ the director shall rescind the order or penalty. Any order issued after hearing may prescribe the date or dates by which the violation or violations _shall cease and may prescribe timetables for necessary action in preventing abating, or controlling the violation. (e) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the director may institute a civil action in the name of the State to collect the administrative penalty which shall be a government realization. In anv proceedinq to collect the administrative penalty imposed, the director need _only show that: Notice was given; http://www_capitol.hawaii.gov/sessioncurrent/bills/hbl256_sd2_.htm 11/19/2001 1111 i L.✓V 1J L/(- V a9c 110I LU A hearing., was held or the time granted for requestinq a hearing expired without a request for a hearing; _3j The administrative penalty was imposed- and �4 ) The penalty remains unpaid. (f) In connection with any hearing held pursuant to this section the director shall have the power to subpoena the attendance of witnesses and the production of evidence on behalf of all parties." SECTION 8. Section 342G-82, Hawaii Revised Statutes, is amended to read as follows: "[+1§342G-82(+] Advance disposal fee. (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 September 1, 1994, to September 30, 2001, the fee shall hz one and one-half cents per glass container. .(.I+ Twe-R4j- fi ve per- eena his 6h.e.- 1 rf i nnG r`�+ice ----- � ,---- - - - - - - • • - the r rr r ___ _ ] Beginning October 1, 2001, the fee shall be 2 cents per container. Beginning October 1, 2002, the glass advance disposal fee of 2 cents per container shall only apply to glass containers that are not glass beverage containers. http://www.capitol.i-Hawaii.gov/sess1oncurrent/b lIs/hb1256_sd2_.htr► 1 1/11/2001 () j;_), The legislature shall have exclusive authority over all matters subject to this chapter. [4A+] (c). No county shall impose or collect any assessment or fee on glass containers for the same or similar purpose that is [+)the (+] subject of this chapter." SECTION 9. Section 342G-83, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) All glass container importers shall maintain records reflecting the manufacture of their glass containers as well as the importation and exportation of products packaged in glass. The records shall identify the type (glass beverage container or non - beverage glass container) and quantity of each type of glass container. The records shall be made available, upon request, for inspection by the department; provided that any proprietary information obtained by the department 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 chapter or any rule adopted pursuant to this chapter; or (2) Under an order issued by a court or administrative agency hearing officer." SECTION 10. Section 342G-85, Hawaii Revised Statutes, is amended to read as follows: "§342G-85 Container inventory report and payment. (a) Payment of the advance glass disposal fee shall be made quarterly based on inventory reports of the glass container importers, except for those importers subject to subsectio:-. (c) or (d). All glass container importers shall submit to the department documentation in sufficient detail that identifies the number of glass beverage and glass non -beverage containers manufactured or imported to the State and sold or distributed, by manufacturer or distributor, during the calendar year. (b) [) Until September 30, 2002, the amount due from glass container importers less glass containers exported for the calendar year shall be the sum equal to the number of glass containers provided in subsection (a) multiplied by the advance disposal fee (ef -1.45--e--n,-.],specified in section 342_G-82. Beginning October 1, 2002, the amount due from glass container importers shall be the sum equal to the number of non -beverage glass containers provided in subsection (a), less non -beverage glass containers exported, and multiplied by the advance disposal fee of 2 cents. Payment shall be made by check or money order payable to the "Department of Health, http://www.capitol.hawaii.gov/sessioncurTentfbills/hb 1256-sd2_.htm 11/19/2001 I _ta_ .. v1 �_v State of Hawaii". All subsequent inventory reports and payments shall be made not later than the fifteenth day of the month following the end of the previous calendar quarter, except for those importers subject to subsection (d). (c) [A] Until September 30, 2002, a glass container importer who imports fewer than five thousand glass containers within a one-year period shall be exempt from payment of the fee. [Apryeff �. Ph4 Tl e gyp- f__... '_-'.-:_ F-e�.] Beginning October 1, 2002, a glass container importer who imports or manufactures in the State fewer _that five thousand non -beverage glass containers within a one-year period shall be exempt from payment of the fee. (d) [A] Until September 30, 2002, a glass container importer who imports five thousand or more glass containers, but less than or equal to one hundred thousand glass containers, shall be permitted to provide a report and payment of the fee annually, rather than quarterly. Beginning October 1, 2002, a glass container importer who imports or manufactures in the State five thousand or more non - beverage glass containers, but.less than or equal to one hundred thousand_ non -beverage glass containers, shall be permitted to provide a report and payment of the fee annually, rather than quarterly." SECTION 11. Section 342G-86, Hawaii Revised Statutes, is amended to read as follows: "(a) All county glass recovery programs shall include: (1) Some form of glass incentive or "buy back" program providing a means of encouraging participation by the public or private collectors; and ( 2 ) The paving [�' - a-1 .— ) of the equivalent of one mile of two lane asphalt roadway as part of a research and demonstration program utilizing glassphalt[—] or glass within any other portion of the pavement section; or any other demonstration protect as approved by the department." SECTION 12. Section 392G-88, Hawaii Revised Statutes, is repealed. http://www.capitol.hawai i.gov/sessioncurrent/bills/hb l256_sd2_.htm 11/19/2001 I u_4. -U C 1 __U SECTION 13. Section 3420-89, Hawaii Revised Statutes, is repealed. t h: 6 P -C r `- . r-- - SECTION 14. In codifying the new sections added by section 2 of this Act, the revisor of statutes shah substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 16. This Act shall take effect on July 1, 2050; provided that amendments made to section 36-27, Hawaii Revised Statutes, by this Act shall not be repealed when that section is reenacted on July 31, 2003, pursuant to section 9 of Act 142, Session Laws of Hawaii 1998. http://www.capitol.hawai i.gov/sessioncurrent/bil ls/hb 1256-sd2_.htm 11/19/2001 Hawaii tat ci i n of Counties Counties of Kauai, Maui and. Hawaii, City & County of Honolulu March 8, 2002 TO: Members of the HSAC Executive Committee FROM: Ronald Kouchi, Treasurer RE: HSAC FY 2002-2003 ANNUAL BUDGET Pursuant to the By Laws of the Hawaii State Association of Counties and as the Treasurer of the Association, I am submitting the attached budget for Fiscal Year 2002-2003 along with the budget details. In preparing this next year's balanced budget, I have incorporated the following assumptions and changes: 1. Conference Income will increase b}' $2,000 from last FY. 2. HSAC Dues will remain the same. 3. Fund Balance is estimated at 58,315.00. 4. Auditing/Accounting will remain the same. 5. NACo Dues to increase by 2.8%. It is my recommendation that the Executive Committee submit this budget by April 15 to the Councils for consideration. Att. ?:2002-67/CA:Iki ; •`: O- PROPOSED HSAC BUDGET FOR FISCAL YEAR 2002-2003 FY 01-02 REVENUES Budget 1. Interest Income 1,200.00 2. Conference Income 8,000.00 3. County Assessments 28,000.00 Total Revenues 37,200.00 Fund Balance, prior FY 12,320.22 Total Revenues and Fund Balance 49,520.22 EXPENDITURES HSAC Committees: 1. Executive Committee Travel 3,300.00 2. Auditing/Accounting 4,750.00 3. Executive Committee Misc. 500.00 4. Stationery 1,000.00 Special Committees: 1. Special Committee Travel 600.00 2. Special Committee Misc. 100.00 NACo/WIR: 1. NACo Travel 9,000.00 2. NACo Promotional 500.00 3. NACo Miscellaneous 250.00 4. NACo Dues 21,215.00 5. WIR Travel 3,000.00 6. WIR Promotional 500.00 7. WIR Dues 2,200.00 8. NACo Conference — 2005 (Oahu) 2,605.22 Total Expenditures 49,520.22 D:2002-67/CAAki Proposed FY 02-03 Budget 1,200.00 10,000.00 28,000.00 39,200.00 8,315.00 47,515.00 3,300.00 4,750.00 500.00 1,000.00 500.00 100.00 9,000.00 500.00 250.00 21,815.00 3,000.00 500.00 2,200.00 0.00 47,515.00 FY 2002-2003 BUDGET DETAILS: Revenues Interest Income ($100.00 x 12 months) _ $1,200.00 2. Conference Income from Mid -Year and Year -End Conferences = $10,000.00 3. County Assessments ($7,000.00 x 4 counties) _ $28,000.00 4. Fund Balance from prior FY = $ 3,105.22 (NACo Conf. 2005 (Oahu)/ Exec. Committee Misc. $ 3,328.20 (WIR Proceeds/Sponsorship) $ < 700.00> (Deficit Extra Conference Income 'O1 Mid -Year) $ 2,581.58 (Extra Conference Income'01 Year -End) --------------- $ 8,315.00 Expenditures 1. Executive Committee Travel = $3,300.00 ($110 x 3 members x 10 meetings) 2. Executive Committee Audit/Accounting = $4,750.00 ($4,750 x I financial audit) 3. Stationery = $1,000.00 4. Special Committee Travel = $600.00 ($100 x 3 members x 1 committee x 2 mtgs.) 5. Special Committee Miscellaneous = $100.00 (contingency or Special Committee expenses) 6. NACo Travel = $9,000.00 ($1,000 x 3 Board Directors x 3 mtgs.) 7. NACo Promotional = $500.00 (promotions at NACo meetings) 8. NACo Miscellaneous = $250.00 (Congressional Luncheon and contingency) 9. NACo Dues = $21,815.00 (City & County $16,460.00); Hawaii $2,370.00; Kauai $1,009.00; Maui $1,976.00) 10. WIR Travel = $3,000.00 ($1,000 x 1 Board Director x 3 meetings) 11. WIR Promotional = $500.00 (promotions at WIR meetings) 12. WIR Dues = $2,200.00 ($2,200 for HSAC membership) D:2002-67/CA:Iki LXADEW171, Bill Hansell For NACo 2" Vice President BACKGROUND • University of Caegon, B.S. in Political Science • Umatilla County Commissioner since 1953; Elected to five, 4 year terms • Stock bolder &W Officer in Three Family Farming Corporations ,NAC*. • Board Member representing Oregon • Chair of Agriculture and Rural Affairs Steering Committee, d yem • Agriculture and Rural Afth- Steering Committee member for 17 Years • Chair of NACo Nominating Committee + Rural Activit Caucus Board of Dlrectors • Homeland Security Task Force ASSOCLA TION OF OREGON COUNTIES (AOC) • Association President in 1955 • DWrizu1shed Sewice Award • legislative Commirw Member, 17 years • AOC Board of Directors • Co -Chair flask Fmc on State Tax Reform UMA°TIL LA COUNTY • Longest Serving CommiWonar in Umatilla County's History + Third longest i County Commissioner in the State of Egon • Appoit.ted .a Stme Boards and Commissions by four Governors of both paanies • Lead Cantrwt INWfiator, 3 Unions • Lead Cornmissiorw in County reorganization making it more efficient and cost effective • Helped develap;;erad inwle rnent innovative consmunity based Innate Transition Programs, including work M- ease, alcohol and drug treatment. and accountability s ndards • He1W develop' County's fust CoanMhensive Imx! Use Plan A WARDS AND DfSTINC77ONS: • Recipient of Chtldmn First for Oxon, Champion Award for Work with Children • Oregon State Librar) of Hoard of Trumm • Atha Citizen of the Year, hometown • Forged and de-vdoped a highly effective workiaag relationship with the Confederated Tribes of the Umatilla Iridian ]reservation, which is used as a model nationally • Developed Cowty High Scbool Leadership Day Program, wWch received NACo Achievement Award Recognition • Selected natiorAliy as one of the top ten Republican Local Officials in 1986 • Dtp&Mnent of ¢ nviromental Quality recognition for helping to croate Oregon's Wellhead Pro°, row ProgrAm. • Oregon Department of Agriculture Progress in Agricultum Award • Chair of St -wide Lewis and Clark Bicentennial Oregon Corninittea • United Wary Guild Award PERSONAL_ • Married 34 years to wife Margaret • Six Childmn, ages 21-31, two grandchildren • Member Atiwrm Baptist Church KONA ('0ONCIl. MEMaE)�-' OFFILE 601 NOII 19 HM 7 30 November 7, 2001 COUN I t rtAWAI I Bill ccItrently and for many years has ntprr.`s rated Oregon or. the NACo Board. In addition, four consecutivc NAC) Presidents have appointed him as chair of the NACo Ag and Rural Affairs Steering Committee-. I believe tl`aat those types of appointments are because of his proven leadership abilitics. His NACo service also includes seventeen years as a member of the Ag and Rural Affair's Stcering CoYmmitme, membership on the Rurai Action Caucus hoard of DirLctors, and Cltair of the 2001 NACo Nominating Commincd. We nerd the best to lead NACc, a rd I sincerely believe that Bill Hansell is that individual. I am proud that Bill is ate Oregonian. however. I am supporting Bill because he possesses the skills, expetiencc, dedication, and character to be a powerful voice for NACo. Countius across the nation are challenged more thati ever. Tbis race is about effective leadership, dedicated service, and strong integrity. Bill lies demonstrated an excellent record on all counts. I ask that you review Bill's enclosed resume and talk to him. 'Innen join me in supporting the; best for NACo Second Vflee-Ptesid t lit 2402 -- Umatilla County Commissioner Bill Hansell. We need his strong leadership a:•nd strength of character. Sincerely, llAn41—ane Marion County Cotrnnissioner Enclosure; P.S. I am committed to strengthening the effectiveness of NACo and feel strongly that Bill Hartsell is the 1c-ader we need. Please feel free to curntact mo directly for additionai infortnation at (503) 588-5212. Marion C ounry • 555 Cour St. • PO Box 1450D • &Arca, OR 97)(19-1036 K�a,co. vuio i.ot.�s Dear Fellow Board Members, -- -- �-- (503) 521-5212 I am excited that my friend and coll`aguc, Bill Hansell, has announced his candidacy for NACo (509) 588-5257 - F -AX Second Vice -President 2042. Malty of you lanow what Bill has already contributed and have encouraged him to serve NACQ in this capacity. BOARD or COMierttsstONERs Randall Franke Bill and I have worked togetl:cr in the Association of Oregon Counties (AOC) for nearly twenty Perri Milne years. I consider him a good friend and a trusted colleague. I hnve seen and cm attest to his h4ikc Ryan proven leadership and effectiveness. Bill followed me through the chairs of our state association serving as AOC President in 1988- He is the longest serving commissioner in the history of tlmatilis County, one of the state's leading agriculture producing arras located in l:astcnt Oregon. Raving be= a NACo President, I know what is required to serve as an officer. Bill has what it takes to serve and effectively mprescnt NACo with his years of experience, proven leadership, and a cliaracter to snatch. Bill ccItrently and for many years has ntprr.`s rated Oregon or. the NACo Board. In addition, four consecutivc NAC) Presidents have appointed him as chair of the NACo Ag and Rural Affairs Steering Committee-. I believe tl`aat those types of appointments are because of his proven leadership abilitics. His NACo service also includes seventeen years as a member of the Ag and Rural Affair's Stcering CoYmmitme, membership on the Rurai Action Caucus hoard of DirLctors, and Cltair of the 2001 NACo Nominating Commincd. We nerd the best to lead NACc, a rd I sincerely believe that Bill Hansell is that individual. I am proud that Bill is ate Oregonian. however. I am supporting Bill because he possesses the skills, expetiencc, dedication, and character to be a powerful voice for NACo. Countius across the nation are challenged more thati ever. Tbis race is about effective leadership, dedicated service, and strong integrity. Bill lies demonstrated an excellent record on all counts. I ask that you review Bill's enclosed resume and talk to him. 'Innen join me in supporting the; best for NACo Second Vflee-Ptesid t lit 2402 -- Umatilla County Commissioner Bill Hansell. We need his strong leadership a:•nd strength of character. Sincerely, llAn41—ane Marion County Cotrnnissioner Enclosure; P.S. I am committed to strengthening the effectiveness of NACo and feel strongly that Bill Hartsell is the 1c-ader we need. Please feel free to curntact mo directly for additionai infortnation at (503) 588-5212. Marion C ounry • 555 Cour St. • PO Box 1450D • &Arca, OR 97)(19-1036 K�a,co. vuio i.ot.�s Leningrad Elarionoff Councilman March 25, 2002 James Y. Arakaki, Chair Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 Hilo Tel: (808) 961-8225 Fax: (808) 961-8912 RE: Request to Waive Consideration of HSAC Executive Committee items relating to: (1) Approval of)" Y2002-03 HSAC budget; (2) Appointment of HSAC delegate and alternate from Hawaii County; (3) Submittal of reiquests from Hawaii County Council members to serve on NACo steering committees; and (4) Council approval of HSAC Executive Committee endorsement of Bill Hansell's candidacy for the position of NACo Second Vice President 2002. Pursuant to Section 1(g) of Rule 4 of the Procedure of the Council of the County of Hawaii, I request your support for waiver of these matters from my Committee on Public Works and Intergovernmental Relations for consideration and approval by the full Council at its next scheduled meeting on April 3, 2002. At the request of Councilman J. Curtis Tyler, III, HSAC Vice President, I am transmitting a summary report of the HSAC Executive Committee meeting of March 22WO2 prepared by Councilman Tyler and dated March 25, 2002. Mr. Tyler's report transmits four action items for consideration and action by the Hawaii County Council prior to the next HSAC Executive Committee meeting on April 12, 2002. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted for these matters to be placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Public Works and Intergovernmental Relations for placement on its future agenda. Sincerely, Ceninkrad ElarioVf, Vhair 1 Committee on Public Works and Intergove ental Relations Disapproved/Date/Refer to PWIRC: s Y Arakaki, Chair James Y. Arakaki, Chair Hawori County Council Hawaii County Council LE/rf Attachments DISTRICT 9 Kohala, Waimea, Waikoloa, Kawaihae