HI
Hawaii Senate Bill SB180

Hawaii 2022 Regular Session

Hawaii Senate Bill SB180 Compare Versions

OldNewDifferences
1-THE SENATE S.B. NO. 180 THIRTY-FIRST LEGISLATURE, 2021 S.D. 1 STATE OF HAWAII H.D. 1 A BILL FOR AN ACT RELATING TO DEPOSIT BEVERAGE CONTAINERS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1+THE SENATE S.B. NO. 180 THIRTY-FIRST LEGISLATURE, 2021 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT relating to DEPOSIT beverage containers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
22
33 THE SENATE S.B. NO. 180
44 THIRTY-FIRST LEGISLATURE, 2021 S.D. 1
5-STATE OF HAWAII H.D. 1
5+STATE OF HAWAII
66
77 THE SENATE
88
99 S.B. NO.
1010
1111 180
1212
1313 THIRTY-FIRST LEGISLATURE, 2021
1414
1515 S.D. 1
1616
1717 STATE OF HAWAII
1818
19-H.D. 1
19+
2020
2121
2222
2323
2424
2525
2626
2727
2828
2929
3030
3131 A BILL FOR AN ACT
3232
3333
3434
3535
3636
3737 relating to DEPOSIT beverage containers.
3838
3939
4040
4141
4242
4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
4444
4545
4646
47- SECTION 1. Chapter 342G, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows: "§342G- Risk-based selection process; audit. (a) The department shall develop a risk-based process to select deposit beverage distributor and redemption center reports submitted to the deposit beverage container program for periodic audit. The department may hire personnel or external consultants to perform audits. In developing a risk-based process to monitor deposit beverage distributors and redemption centers, the department shall: (1) Consider a variety of risk factors, including the amount of money transacted, prior audit findings, and frequency of the deposit beverage distributor's or redemption center's prior audits; (2) Require deposit beverage distributors to send monthly distribution reports and supporting records, such as schedule of invoices, shipping documents, and point-of-sale reports, to the deposit beverage container program on a periodic basis; and (3) Ensure that the audit process includes a risk assessment derived from deposit beverage distributor and redemption center data based on the reports submitted, including but not limited to performing analytics and trend analyses to target certain deposit beverage distributors and redemption centers with unusual fluctuations. (b) The department shall: (1) Summarize the results of deposit beverage distributor and redemption center audits and assess whether enforcement actions should be considered to ensure amounts that are being reported are appropriate; (2) Consider conducting follow-up audits; and (3) Consider public announcements of violations. (c) All deposit beverage distributors shall: (1) Develop and submit to the program for approval an internal control process to ensure that accurate data is entered on the monthly distribution report and adequate records are maintained; and (2) Obtain independent audits for years ending in an odd number." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect on July 1, 2050.
47+ SECTION 1. Section 342G-113, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (b) to read: "(b) Subsection (a) shall not apply to any dealer: (1) Who is located in a high-density population area as defined by the director in rules, and within [two miles] one mile of a certified redemption center that is operated independently of a dealer; (2) Who is located in a rural area as defined by rule; (3) Who subcontracts with a certified redemption center to be operated on the dealer's premises; (4) Whose sales of deposit beverage containers are only via vending machines; (5) Whose place of business is less than five thousand square feet of interior space; (6) Who can demonstrate physical or financial hardship, or both, based on specific criteria established by rule; or (7) Who meets other criteria established by the director. Notwithstanding paragraphs (1) and (2), the director may allow the placement of redemption centers at greater than prescribed distances to accommodate geographical features while ensuring adequate consumer convenience." 2. By amending subsection (d) to read: "(d) If there is no redemption center within the [two-mile] 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 State, with assistance from the county, shall establish the redemption center with funding from the deposit beverage container deposit special fund." SECTION 2. Section 342G-117, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows: "(b) The department shall [evaluate] adjust the handling fee at least once per year[. If the department changes the amount of the handling fee, the department shall] and publish notice of the change within thirty days of its determination. (c) The handling fee shall be paid in addition to the refund value of each empty deposit beverage container. Payments for handling fees shall be based on redemption center reports submitted to the department; provided that there is no discrepancy in the reports[.]; provided further that the amount of the handling fee in any calendar year shall not be less than the amount of the handling fee in the prior calendar year as adjusted by the applicable percentage change in the Consumer Price Index for All Urban Consumers in the Honolulu area published by the Bureau of Labor Statistics of the United States Department of Labor. The department may choose to pay the handling fee and refund value on the basis of the total weight of the containers received by material type and the average weight of each container type; provided that the deposit beverage container is physically received by the redemption center." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2024.
4848
49- SECTION 1. Chapter 342G, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:
49+ SECTION 1. Section 342G-113, Hawaii Revised Statutes, is amended as follows:
5050
51- "§342G- Risk-based selection process; audit. (a) The department shall develop a risk-based process to select deposit beverage distributor and redemption center reports submitted to the deposit beverage container program for periodic audit. The department may hire personnel or external consultants to perform audits. In developing a risk-based process to monitor deposit beverage distributors and redemption centers, the department shall:
51+ 1. By amending subsection (b) to read:
5252
53- (1) Consider a variety of risk factors, including the amount of money transacted, prior audit findings, and frequency of the deposit beverage distributor's or redemption center's prior audits;
53+ "(b) Subsection (a) shall not apply to any dealer:
5454
55- (2) Require deposit beverage distributors to send monthly distribution reports and supporting records, such as schedule of invoices, shipping documents, and point-of-sale reports, to the deposit beverage container program on a periodic basis; and
55+ (1) Who is located in a high-density population area as defined by the director in rules, and within [two miles] one mile of a certified redemption center that is operated independently of a dealer;
5656
57- (3) Ensure that the audit process includes a risk assessment derived from deposit beverage distributor and redemption center data based on the reports submitted, including but not limited to performing analytics and trend analyses to target certain deposit beverage distributors and redemption centers with unusual fluctuations.
57+ (2) Who is located in a rural area as defined by rule;
5858
59- (b) The department shall:
59+ (3) Who subcontracts with a certified redemption center to be operated on the dealer's premises;
6060
61- (1) Summarize the results of deposit beverage distributor and redemption center audits and assess whether enforcement actions should be considered to ensure amounts that are being reported are appropriate;
61+ (4) Whose sales of deposit beverage containers are only via vending machines;
6262
63- (2) Consider conducting follow-up audits; and
63+ (5) Whose place of business is less than five thousand square feet of interior space;
6464
65- (3) Consider public announcements of violations.
65+ (6) Who can demonstrate physical or financial hardship, or both, based on specific criteria established by rule; or
6666
67- (c) All deposit beverage distributors shall:
67+ (7) Who meets other criteria established by the director.
6868
69- (1) Develop and submit to the program for approval an internal control process to ensure that accurate data is entered on the monthly distribution report and adequate records are maintained; and
69+Notwithstanding paragraphs (1) and (2), the director may allow the placement of redemption centers at greater than prescribed distances to accommodate geographical features while ensuring adequate consumer convenience."
7070
71- (2) Obtain independent audits for years ending in an odd number."
71+ 2. By amending subsection (d) to read:
7272
73- SECTION 2. New statutory material is underscored.
73+ "(d) If there is no redemption center within the [two-mile] 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 State, with assistance from the county, shall establish the redemption center with funding from the deposit beverage container deposit special fund."
7474
75- SECTION 3. This Act shall take effect on July 1, 2050.
75+ SECTION 2. Section 342G-117, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
7676
77- Report Title: Deposit Beverage Container Program; Auditor Recommendations; Risk-based Selection Process; Distributors; Redemption Centers Description: Requires the department of health to implement the auditor's recommendations for the deposit beverage container program, including developing a risk-based selection process to select reports submitted by distributors and redemption centers for audit. 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.
77+ "(b) The department shall [evaluate] adjust the handling fee at least once per year[. If the department changes the amount of the handling fee, the department shall] and publish notice of the change within thirty days of its determination.
78+
79+ (c) The handling fee shall be paid in addition to the refund value of each empty deposit beverage container. Payments for handling fees shall be based on redemption center reports submitted to the department; provided that there is no discrepancy in the reports[.]; provided further that the amount of the handling fee in any calendar year shall not be less than the amount of the handling fee in the prior calendar year as adjusted by the applicable percentage change in the Consumer Price Index for All Urban Consumers in the Honolulu area published by the Bureau of Labor Statistics of the United States Department of Labor. The department may choose to pay the handling fee and refund value on the basis of the total weight of the containers received by material type and the average weight of each container type; provided that the deposit beverage container is physically received by the redemption center."
80+
81+ SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
82+
83+ SECTION 4. This Act shall take effect on July 1, 2024.
84+
85+ Report Title: Deposit Beverage Containers; Redemption; Handling Fee; CPI Description: Exempts a beverage dealer who is in a high-density population area from operating a redemption center if the dealer is located within one mile of a certified redemption center operated independently of the dealer. Requires the department of health to annually adjust the handling fees for the deposit beverage container program to an amount not less than the handling fee in the prior calendar year as adjusted by percentage changes in the Consumer Price Index for the Honolulu area. Takes effect on 7/1/2024. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
7886
7987
8088
8189 Report Title:
8290
83-Deposit Beverage Container Program; Auditor Recommendations; Risk-based Selection Process; Distributors; Redemption Centers
91+Deposit Beverage Containers; Redemption; Handling Fee; CPI
8492
8593
8694
8795 Description:
8896
89-Requires the department of health to implement the auditor's recommendations for the deposit beverage container program, including developing a risk-based selection process to select reports submitted by distributors and redemption centers for audit. Effective 7/1/2050. (HD1)
97+Exempts a beverage dealer who is in a high-density population area from operating a redemption center if the dealer is located within one mile of a certified redemption center operated independently of the dealer. Requires the department of health to annually adjust the handling fees for the deposit beverage container program to an amount not less than the handling fee in the prior calendar year as adjusted by percentage changes in the Consumer Price Index for the Honolulu area. Takes effect on 7/1/2024. (SD1)
9098
9199
92100
93101
94102
95103
96104
97105 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.