HomeMy WebLinkAbout2021-08-25 EMC agenda item 5-b(1) - HB1316_HD1_2
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HOUSE C>FREPRESENTATIVES 1316
THIRTY-FIRST LEGISLATURE, 2O21 N�� N�=� N��OH.C).1m w.m��'. n `� "
STATE OFHAWA||
A BILL FOR AN ACT
BE IT ENACTED; BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION l. (a) The department of health shall conduct a
study on the benefits and costs to implement extended producer
responsibility in the State.
(b) The study shall analyze and evaluate the following:
(I) The implementation of extended producer responsibility
in the State independent of other state and federal
packaging extended producer responsibility
initiatives;
(2) The implementation of extended producer responsibility
packaging in the State in conjunction or oyuubronicitl/
with other state and federal initiatives;
(3) The best science available relating to extended
producer responsibility and best packaging practices;
(4) The costs and benefits to all stakeholders, including
but not limited to the environment, consumers,
taxpayers, government, and l/ooineaaea/
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H.B. NO. H.D. 1
1
(5)
The potential benefits and drawbacks of implementing
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extended producer responsibility for packaging in the
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State;
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(6)
The feasibility of implementing extended producer
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responsibility for packaging in the State;
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(7)
The projected timeline for the implementation of
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extended producer responsibility for packaging in the
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State;
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(8)
The expected savings, if any, for the State and
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counties in costs relating to waste management and
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recycling in the implementation of extended producer
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responsibility packaging in the State; and
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(9)
Any other issues the department deems relevant.
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(c)
For the purposes of the study, the department of
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health may consult with other state departments and community
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organizations.
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(d)
The department of health shall submit a report of its
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findings
and recommendations, including any proposed
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legislation, to the legislature no later than twenty days prior
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to the convening of the regular session of 2024.
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H.B. NO. H.D. 1
1 SECTION 2. There is appropriated out of the general
2 revenues of the State of Hawaii the sum of $ or so
3 much thereof as may be necessary for fiscal year 2021-2022 and
4 the same sum or so much thereof as may be necessary for fiscal
5 year 2022-2023 for the department of health to conduct a study
6 on the benefits and costs to implement extended producer
7 responsibility in the State.
8 The sums appropriated shall be expended by the department
9 of health for the purposes of this part.
10 PART II
11 SECTION 3. Chapter 339, Hawaii Revised Statutes, is
12 amended by adding a new section to be appropriately designated
13 and to read as follows:
14 11§339- Single-usetic r
15 acts. (a) Bec.innin(:i January,._l, 2022, resta'i3rant
.......................................... ............................... . .......... . ....... .... . ........................................................................
16 sha-1.1 no-i" �-:)-.TovJLde s.i.... n........(. i. 'l_e......-..... u_s_...e..'.' ...p.....l......a.....s.ti_c se_r.._v..._j__..._.. :-i... ..................................................I s-..to.. ....i....n..r...n..e.r
......
17 unless reques-Cled by the consumer.
.......................I................_.......................................................................................................................
18 (b) Any full -service restaurant who violates this section
. ...... .... .
19 shall be issued a notice of violation by the director for the
20 first and second violations. For any subsequent violation, a
21 full -service restaurant shall be subject to a fine imposed by
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H.B. NO. H.D. 1
I the director of $25 per day of violation, not to exceed $300
2 during any calendar year® collect
3 the fines provided for in this section shall be considered an
4 administrative action pursuant jo chapter 91.
5 (c) For purposes of this section:
6 "Consumer" means a person who is a member of the public,
7 takes possession of food or beverages, is not functioning in the
8 cLapaci.ty...of an operator of a food facility, and does not offer
9 the food or beverage for resale.
10 "Full -service restaurant" means an establishment with the
11 primary business purpose of serving food, where food may be
12 consumed on the premises® and where all of the following actions
13 are taken by an employee of the establishment:
14 (1) The consumer is escorted or assigned to an assigned
15 eating area® ..... The employee may choose the assigned
16 eating area or may seat the consumer according to the
17 consumer's need for accommodation or other request;
18 (2) The consumer's food and beverage_orders are taken
19 after the consumer has been seated at the assigned
20 seatinq area;
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H.B. NO. H.D. 1
1 (3) The food and beverage orders are delivered directly to
2 the consumer;
3 (4) Any requested items associated with the consumer's
4 food or beverage order are brought to the consumer;
5 and
6 (5) The check is delivered directly to the consumer at the
7 assigned eating area.
8 "Plastic" means anv material made of fossil fuel -derived or
9 petrochemical polymeric compounds and additives that can be
10shaped by flow.
It "Single -use plastic service ware" means any stirrers,
12 straws, baran, and utensils, including forks, spoons, sporks
13 and knives. "Single -use plastic service ware" does not include
14 items contained within or attached to packaging o food or
15 beverages, including but not limited to disposable plastic
16 straws pre -packaged and sold with beverage boxes or disposable
17 utensils pre -packaged and sold with ice cream or salads.
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"Utensils"
means
implements intended to assist in the
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consumption of.
food or
drink."
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H.B. NO. H.D. 1
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PART III
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SECTION 4. Chapter 342G, Hawaii Revised Statutes, is
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amended by adding a new part to be appropriately designated
and
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to read as follows:
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"PART POSTCONSUMER RECYCLED CONTENT
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§342G- Definitions. As used in this part:
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"Beverage" means:
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(1) Water and flavored water;
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(2) Beer or other malt beverages;
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(3) Wine;
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(4) Distilled spirits; and
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(5) Mineral water, soda water, and similar carbonated
soft
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drinks,
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intended for human or animal consumption, and in a quantity
more
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than or equal to two fluid ounces and less than or equal to
one
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gallon.
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"Beverage manufacturer" means a manufacturer of one or
more
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beverages that are sold, offered for sale, or distributed in the
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State.
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"Plastic beverage container" means a bottle or other rigid
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container comprised of one or multiple plastic resins and
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H.B. NO. H.D.1
1 containing a beverage that is capable of maintaining its shape
2 when empty. "Plastic beverage containers" shall not include:
3 (1) Refillable beverage containers;
4 (2) Rigid plastic containers or plastic bottles that are
5 medical devices, medical products that are required to
6 be sterile, prescription medicine, and packaging used
7 for those products; and
8 (3) Bladders or pouches that contain wine.
9 "Postconsumer recycled content" means the content of a
10 product made of recycled materials derived specifically from
11 recycled material generated by households or by commercial,
12 industrial, or institutional facilities in their role as end
13 users of the product that can no longer be used for its intended
14 purpose, including returns of material from the distribution
15 chain.
16 "Refillable" means a beverage container that is
17 sufficiently durable for multiple rotations of its original or
18 similar purpose and is intended to function in a system of
19 reuse.
20 §342G- Postconsumer recycled content; established;
21 requirements. (a) Beginning January 1, 2023, beverage
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H.B. NO. H.D. 1
I manufacturers that offer for sale, sell, or distribute beverages
2 in plastic beverage containers in the State shall meet minimum
3 postconsumer recycled content as required by this section.
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(b)
A beverage manufacturer that sells, offers for sale,
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or distributes
plastic beverage containers in or into the State
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shall meet
the following annual minimum postconsumer recycled
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plastic
content on average for the total quantity of plastic
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beverage
containers that are sold, offered for sale, or
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distributed
in the State:
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(1)
No less than fifteen per cent postconsumer recycled
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plastic by weight by December 31, 2025;
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(2)
No less than twenty-five per cent postconsumer
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recycled plastic by weight by December 31, 2030; and
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(3)
No less than fifty per cent postconsumer recycled
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plastic by weight on and after January 1, 2031.
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(c)
The department shall enforce this part and, subject to
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chapter
91, may adopt rules with respect to:
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(1)
Adjusting the minimum postconsumer recycled content
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percentage required pursuant to this section;
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(2)
Reporting requirements by beverage manufacturers
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subject to this part;
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H.B. NO. H.D. 1
1 (3) Providing penalties or fees; and
2 (4) Such other matters as may be necessary in order to
3 implement this part."
4 PART IV
5 SECTION 5. New statutory material is underscored.
6 SECTION 6. This Act shall take effect on July 1, 2050.
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H.B. NO. H.D. 1
Report Title:
Department of Health; Extended Producer Responsibility; Single -
use Plastic Service Ware; By Request; Postconsumer Recycled
Content; Appropriation
Description:
Part I: Requires and appropriates funds for the department of
health to conduct a study on the benefits and costs to implement
extended producer responsibility in the State. Part II:
Beginning January 1, 2022, prohibits full -service restaurants
from providing single -use plastic service ware to consumers
unless requested by the consumer. Part III: Beginning January
1, 2023, requires beverage manufacturers that offer for sale,
sell, or distribute beverages in plastic beverage containers in
the State to meet minimum postconsumer recycled content
requirements. Effective 7/1/2050. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
2021-1545 HB1316 HD1 HMSO