Hawaii 2022 Regular Session

Hawaii Senate Bill SB1419 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 1419 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to product stewardship programs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 1419
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	1419
12	12
13	13	THIRTY-FIRST LEGISLATURE, 2021
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to product stewardship programs.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that municipal product stewardship programs shift the costs of paying for solid waste disposal and recycling from the municipality to product manufacturers. Funds for product stewardship programs go directly to states, cities, and towns to help cover the costs of recycling and rapidly expand their programs with infrastructure investments. This approach retains the right and ability of organized citizens and small businesses to oversee and control local decision-making. The purpose of this Act is to establish a municipal product stewardship program. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter MUNICIPAL PRODUCT STEWARDSHIP PROGRAM § -1 Definitions. As used in this chapter: "Covered materials and products" means, regardless of recyclability: (1) Any part of a package or container, including material that is used for the containment, protection, handling, delivery, and presentation of a product that is sold, offered for sale, imported, or distributed in the State; (2) Paper products; and (3) Primary, secondary, and tertiary packaging intended for the consumer market; service packaging designed and intended to be filled at the point of sale, including carryout bags, bulk goods bags, packaging, and takeout and home delivery food service prescription bottles; paper sold as a product; printed materials; and beverage containers. "Covered materials and products" shall not include any literary, text, or reference bound book. "Department" means the department of health. "Producer" means any person that manufactures a covered material or product under the person's own name or brand and either: (1) Sells, offers for sale, distributes, or imports a covered material or product as owner or licensee of a trademark or brand under which a covered material or product is sold or distributed in the State; or (2) Sells, offers for sale, or distributes a covered material or product in the State. "Producer" shall not include a local government. "Stewardship organization" means a nonprofit organization created by a group of producers to implement a stewardship plan. "Stewardship plan" means a covered materials and products stewardship plan developed by a producer or stewardship organization in accordance with this section. § -2 Stewardship plan required. (a) On or before January 1, 2022, each producer shall, individually or as part of a stewardship organization, submit a stewardship plan to the department for review and approval. (b) On or after June 1, 2022, a producer may not sell, offer for sale, distribute, or import for sale or distribution covered materials or products for use in the State unless the producer, individually or as part of a stewardship organization, has an approved stewardship plan on file with the department. (c) This provision does not apply to a producer that: (1) Generated less than $1,000,000 in gross revenue during the immediately preceding calendar year; (2) Sold, offered for sale, or distributed for sale in the State during the immediately preceding calendar year less than one ton of covered materials or products; or (3) Conducted all of the covered materials or products sales in the State during the immediately preceding calendar year at a single point of retail sale that was not supplied or operated as part of a franchise; and on request by the department, provides to the department sufficient information to demonstrate that the producer meets the conditions of this section. § -3 Stewardship plan requirements. A stewardship plan made pursuant to this chapter shall: (1) List the producers and brands covered by the stewardship plan, including: (A) Each participating producer and the stewardship organizations contact information; and (B) Each brand of covered materials and products covered by the stewardship plan; (2) Include performance goals for a minimum post-consumer recycled material content rate and a minimum recycling rate for covered materials or products that includes, at a minimum, a goal for: (A) All single-use packaging and products to be at least seventy-five per cent post-consumer content by June 1, 2025; (B) All single-use packaging and products to be readily recyclable or compostable by June 1, 2028; and (C) All single-use plastic packaging and single-use plastic service ware to be reduced, to the maximum extent practicable, and by not less than twenty-five per cent by June 1, 2030; (3) Describe, in accordance with section -4, the financing method that will be used to implement the stewardship plan; (4) Describe how the performance goals under paragraph (2) of this subsection will be met or exceeded; (5) Describe how stakeholder comments were considered in the development of the stewardship plan; (6) Describe how staffing and administering the implementation of the stewardship plan will be handled; (7) Describe how producers participating in a stewardship plan will work together to reduce packaging through product design and program innovations; (8) Describe the actions taken or that will be taken for public outreach, education, and communication, taking into account that public outreach, education, and communication shall: (A) Promote the proper endoflife management of covered materials and products, including beverage containers; (B) Provide information on how to prevent litter of covered materials and products, including beverage containers; and (C) Provide recycling and composting instructions to the extent practicable; (9) Be consistent statewide, taking into account differences among local laws and processing capabilities; (10) Be easy to understand, easily accessible, and provide for outreach and education that are designed to achieve covered materials and products management goals and requirements, including the prevention of contamination of covered materials and products; (11) Be coordinated across programs to avoid confusion for consumers; (12) Be developed in consultation with local governments and other stakeholders; and (13) Include any other information that is required by the department. § -4 Stewardship plan financing. The financing method to be used by a producer or stewardship organization to implement a stewardship plan under this chapter shall: (1) Provide the method for reimbursing local governments for costs associated with collecting, transporting, and processing covered materials and products that are listed in the stewardship plan; (2) Establish a fee structure for participating producers that is set in a manner to cover costs associated with: (A) Implementing the stewardship plan, including the administrative costs of a producer or stewardship organization; (B) Reimbursing local governments for costs in accordance with section -5; (C) The administration, review, oversight, and enforcement of the stewardship plan by the department; (D) Describing the incentives to encourage participating producers to engage in waste reduction and recycling activities; (E) Describing the incentives to encourage participating producers to engage in waste reduction and recycling activities; (F) Describing the disincentives to discourage designs or practices that increase the cost of managing covered materials and products; (G) Being evaluated by an independent financial auditor, as designated by the department, to ensure the costs of implementing the stewardship plan are covered; and (H) Meeting any other reasonable requirement established by the department. § -5 Reimbursement. The counties may request reimbursement from a producer or stewardship organization that has an approved stewardship plan on file with the department for costs associated with collecting, transporting, and processing covered materials and products that are listed under the stewardship plan, in accordance with: (1) The requirements of the producer, as established under the stewardship plan; and (2) Any other requirement adopted by the department by regulation. § -6 Stewardship plan approval. (a) On or before June 1, 2023, and each June 1 thereafter, a producer shall submit a report to the department for approval, in a manner required by the department, evaluating the progress made toward meeting stewardship plan requirements and goals for the immediately preceding year. (b) The department may rescind approval of a stewardship plan at any time. § -7 Rules. The department shall adopt rules, pursuant to chapter 91, establishing procedures necessary to implement or administer this chapter. § -8 Penalties. A producer or stewardship organization that violates this chapter, or any rule established pursuant to section -7 shall be fined as follows: (1) $5,000 for a first violation; (2) $10,000 for a second violation; and (3) $20,000 for a third violation. § -9 Joint and several liability. If a penalty is imposed on a stewardship organization under this chapter, each producer participating in the stewardship organization shall be jointly and severally liable for the payment of the penalty." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that municipal product stewardship programs shift the costs of paying for solid waste disposal and recycling from the municipality to product manufacturers. Funds for product stewardship programs go directly to states, cities, and towns to help cover the costs of recycling and rapidly expand their programs with infrastructure investments. This approach retains the right and ability of organized citizens and small businesses to oversee and control local decision-making.
50	50
51	51	The purpose of this Act is to establish a municipal product stewardship program.
52	52
53	53	SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
54	54
55	55	"Chapter
56	56
57	57	MUNICIPAL PRODUCT STEWARDSHIP PROGRAM
58	58
59	59	§ -1 Definitions. As used in this chapter:
60	60
61	61	"Covered materials and products" means, regardless of recyclability:
62	62
63	63	(1) Any part of a package or container, including material that is used for the containment, protection, handling, delivery, and presentation of a product that is sold, offered for sale, imported, or distributed in the State;
64	64
65	65	(2) Paper products; and
66	66
67	67	(3) Primary, secondary, and tertiary packaging intended for the consumer market; service packaging designed and intended to be filled at the point of sale, including carryout bags, bulk goods bags, packaging, and takeout and home delivery food service prescription bottles; paper sold as a product; printed materials; and beverage containers.
68	68
69	69	"Covered materials and products" shall not include any literary, text, or reference bound book.
70	70
71	71	"Department" means the department of health.
72	72
73	73	"Producer" means any person that manufactures a covered material or product under the person's own name or brand and either:
74	74
75	75	(1) Sells, offers for sale, distributes, or imports a covered material or product as owner or licensee of a trademark or brand under which a covered material or product is sold or distributed in the State; or
76	76
77	77	(2) Sells, offers for sale, or distributes a covered material or product in the State.
78	78
79	79	"Producer" shall not include a local government.
80	80
81	81	"Stewardship organization" means a nonprofit organization created by a group of producers to implement a stewardship plan.
82	82
83	83	"Stewardship plan" means a covered materials and products stewardship plan developed by a producer or stewardship organization in accordance with this section.
84	84
85	85	§ -2 Stewardship plan required. (a) On or before January 1, 2022, each producer shall, individually or as part of a stewardship organization, submit a stewardship plan to the department for review and approval.
86	86
87	87	(b) On or after June 1, 2022, a producer may not sell, offer for sale, distribute, or import for sale or distribution covered materials or products for use in the State unless the producer, individually or as part of a stewardship organization, has an approved stewardship plan on file with the department.
88	88
89	89	(c) This provision does not apply to a producer that:
90	90
91	91	(1) Generated less than $1,000,000 in gross revenue during the immediately preceding calendar year;
92	92
93	93	(2) Sold, offered for sale, or distributed for sale in the State during the immediately preceding calendar year less than one ton of covered materials or products; or
94	94
95	95	(3) Conducted all of the covered materials or products sales in the State during the immediately preceding calendar year at a single point of retail sale that was not supplied or operated as part of a franchise; and on request by the department, provides to the department sufficient information to demonstrate that the producer meets the conditions of this section.
96	96
97	97	§ -3 Stewardship plan requirements. A stewardship plan made pursuant to this chapter shall:
98	98
99	99	(1) List the producers and brands covered by the stewardship plan, including:
100	100
101	101	(A) Each participating producer and the stewardship organizations contact information; and
102	102
103	103	(B) Each brand of covered materials and products covered by the stewardship plan;
104	104
105	105	(2) Include performance goals for a minimum post-consumer recycled material content rate and a minimum recycling rate for covered materials or products that includes, at a minimum, a goal for:
106	106
107	107	(A) All single-use packaging and products to be at least seventy-five per cent post-consumer content by June 1, 2025;
108	108
109	109	(B) All single-use packaging and products to be readily recyclable or compostable by June 1, 2028; and
110	110
111	111	(C) All single-use plastic packaging and single-use plastic service ware to be reduced, to the maximum extent practicable, and by not less than twenty-five per cent by June 1, 2030;
112	112
113	113	(3) Describe, in accordance with section -4, the financing method that will be used to implement the stewardship plan;
114	114
115	115	(4) Describe how the performance goals under paragraph (2) of this subsection will be met or exceeded;
116	116
117	117	(5) Describe how stakeholder comments were considered in the development of the stewardship plan;
118	118
119	119	(6) Describe how staffing and administering the implementation of the stewardship plan will be handled;
120	120
121	121	(7) Describe how producers participating in a stewardship plan will work together to reduce packaging through product design and program innovations;
122	122
123	123	(8) Describe the actions taken or that will be taken for public outreach, education, and communication, taking into account that public outreach, education, and communication shall:
124	124
125	125	(A) Promote the proper endoflife management of covered materials and products, including beverage containers;
126	126
127	127	(B) Provide information on how to prevent litter of covered materials and products, including beverage containers; and
128	128
129	129	(C) Provide recycling and composting instructions to the extent practicable;
130	130
131	131	(9) Be consistent statewide, taking into account differences among local laws and processing capabilities;
132	132
133	133	(10) Be easy to understand, easily accessible, and provide for outreach and education that are designed to achieve covered materials and products management goals and requirements, including the prevention of contamination of covered materials and products;
134	134
135	135	(11) Be coordinated across programs to avoid confusion for consumers;
136	136
137	137	(12) Be developed in consultation with local governments and other stakeholders; and
138	138
139	139	(13) Include any other information that is required by the department.
140	140
141	141	§ -4 Stewardship plan financing. The financing method to be used by a producer or stewardship organization to implement a stewardship plan under this chapter shall:
142	142
143	143	(1) Provide the method for reimbursing local governments for costs associated with collecting, transporting, and processing covered materials and products that are listed in the stewardship plan;
144	144
145	145	(2) Establish a fee structure for participating producers that is set in a manner to cover costs associated with:
146	146
147	147	(A) Implementing the stewardship plan, including the administrative costs of a producer or stewardship organization;
148	148
149	149	(B) Reimbursing local governments for costs in accordance with section -5;
150	150
151	151	(C) The administration, review, oversight, and enforcement of the stewardship plan by the department;
152	152
153	153	(D) Describing the incentives to encourage participating producers to engage in waste reduction and recycling activities;
154	154
155	155	(E) Describing the incentives to encourage participating producers to engage in waste reduction and recycling activities;
156	156
157	157	(F) Describing the disincentives to discourage designs or practices that increase the cost of managing covered materials and products;
158	158
159	159	(G) Being evaluated by an independent financial auditor, as designated by the department, to ensure the costs of implementing the stewardship plan are covered; and
160	160
161	161	(H) Meeting any other reasonable requirement established by the department.
162	162
163	163	§ -5 Reimbursement. The counties may request reimbursement from a producer or stewardship organization that has an approved stewardship plan on file with the department for costs associated with collecting, transporting, and processing covered materials and products that are listed under the stewardship plan, in accordance with:
164	164
165	165	(1) The requirements of the producer, as established under the stewardship plan; and
166	166
167	167	(2) Any other requirement adopted by the department by regulation.
168	168
169	169	§ -6 Stewardship plan approval. (a) On or before June 1, 2023, and each June 1 thereafter, a producer shall submit a report to the department for approval, in a manner required by the department, evaluating the progress made toward meeting stewardship plan requirements and goals for the immediately preceding year.
170	170
171	171	(b) The department may rescind approval of a stewardship plan at any time.
172	172
173	173	§ -7 Rules. The department shall adopt rules, pursuant to chapter 91, establishing procedures necessary to implement or administer this chapter.
174	174
175	175	§ -8 Penalties. A producer or stewardship organization that violates this chapter, or any rule established pursuant to section -7 shall be fined as follows:
176	176
177	177	(1) $5,000 for a first violation;
178	178
179	179	(2) $10,000 for a second violation; and
180	180
181	181	(3) $20,000 for a third violation.
182	182
183	183	§ -9 Joint and several liability. If a penalty is imposed on a stewardship organization under this chapter, each producer participating in the stewardship organization shall be jointly and severally liable for the payment of the penalty."
184	184
185	185	SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
186	186
187	187	SECTION 4. This Act shall take effect upon its approval.
188	188
189	189
190	190
191	191	INTRODUCED BY: _____________________________
192	192
193	193	INTRODUCED BY:
194	194
195	195	_____________________________
196	196
197	197
198	198
199	199
200	200
201	201	Report Title: Municipal Product Stewardship Program; Packaging; Recycling Description: Establishes the Municipal Product Stewardship Program. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
202	202
203	203
204	204
205	205
206	206
207	207	Report Title:
208	208
209	209	Municipal Product Stewardship Program; Packaging; Recycling
210	210
211	211
212	212
213	213	Description:
214	214
215	215	Establishes the Municipal Product Stewardship Program.
216	216
217	217
218	218
219	219
220	220
221	221
222	222
223	223	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.