Hawaii 2024 Regular Session

Hawaii Senate Bill SB2389 Compare Versions

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

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1	1	THE SENATE S.B. NO. 2389 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to beverage containers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2389
4	4	THIRTY-SECOND LEGISLATURE, 2024
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2389
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to beverage containers.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 342G-113, Hawaii Revised Statutes, is amended to read as follows: "§342G-113 Redemption of empty deposit beverage containers. (a) [Except as provided in subsection (b), a] A dealer shall: (1) Operate a redemption center by July 1, 2005, and shall accept all types of empty deposit beverage containers with a Hawaii refund value[;] of the kind, size, and brand sold by the dealer; (2) Pay to the redeemer the full refund value for all deposit beverage containers that bear a valid Hawaii refund value; and (3) Ensure each deposit beverage container collected is recycled, and forward documentation necessary to support claims for payment as stated in section 342G‑119 or rules adopted under this part. [(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 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),] (b) [the] The director may allow the placement of redemption centers at greater than prescribed distances to accommodate geographical features while ensuring adequate consumer convenience. [(c) Regardless of the square footage of a dealer's place of business, dealers who are not redemption centers shall post a clear and conspicuous sign at the primary public entrance of the dealer's place of business that specifies the name, address, and hours of operation of the closest redemption center locations. (d) If there is no redemption center within the two-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.] (c) Regional centers for the redemption of refillable beverage containers may be established, in addition to but not as substitutes, for the means established for refunds of deposits prescribed in subsection(a). [(e)] (d) Businesses that sell deposit beverages for on-premises consumption, such as hotels, bars, and restaurants, shall collect used deposit beverage containers from the patron and either use a certified redemption center for the collection of containers or become a certified redemption center." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 342G-113, Hawaii Revised Statutes, is amended to read as follows:
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51	51	"§342G-113 Redemption of empty deposit beverage containers. (a) [Except as provided in subsection (b), a] A dealer shall:
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53	53	(1) Operate a redemption center by July 1, 2005, and shall accept all types of empty deposit beverage containers with a Hawaii refund value[;] of the kind, size, and brand sold by the dealer;
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55	55	(2) Pay to the redeemer the full refund value for all deposit beverage containers that bear a valid Hawaii refund value; and
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57	57	(3) Ensure each deposit beverage container collected is recycled, and forward documentation necessary to support claims for payment as stated in section 342G‑119 or rules adopted under this part.
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59	59	[(b) Subsection (a) shall not apply to any dealer:
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61	61	(1) Who is located in a high density population area as defined by the director in rules, and within two miles of a certified redemption center that is operated independently of a dealer;
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63	63	(2) Who is located in a rural area as defined by rule;
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65	65	(3) Who subcontracts with a certified redemption center to be operated on the dealer's premises;
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67	67	(4) Whose sales of deposit beverage containers are only via vending machines;
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69	69	(5) Whose place of business is less than five thousand square feet of interior space;
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71	71	(6) Who can demonstrate physical or financial hardship, or both, based on specific criteria established by rule; or
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73	73	(7) Who meets other criteria established by the director.
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75	75	Notwithstanding paragraphs (1) and (2),]
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77	77	(b) [the] The director may allow the placement of redemption centers at greater than prescribed distances to accommodate geographical features while ensuring adequate consumer convenience.
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79	79	[(c) Regardless of the square footage of a dealer's place of business, dealers who are not redemption centers shall post a clear and conspicuous sign at the primary public entrance of the dealer's place of business that specifies the name, address, and hours of operation of the closest redemption center locations.
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81	81	(d) If there is no redemption center within the two-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.]
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83	83	(c) Regional centers for the redemption of refillable beverage containers may be established, in addition to but not as substitutes, for the means established for refunds of deposits prescribed in subsection(a).
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85	85	[(e)] (d) Businesses that sell deposit beverages for on-premises consumption, such as hotels, bars, and restaurants, shall collect used deposit beverage containers from the patron and either use a certified redemption center for the collection of containers or become a certified redemption center."
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87	87	SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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89	89	SECTION 3. This Act shall take effect upon its approval.
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93	93	INTRODUCED BY: _____________________________
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95	95	INTRODUCED BY:
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97	97	_____________________________
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103	103	Report Title: Beverage Redemption Centers; Refillable Beverage Containers; Beverage Container Refunds; Regional Centers Description: Allows for the establishment of additional regional centers for the redemption of refillable beverage containers. Repeals exemptions for certain beverage dealers. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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111	111	Report Title:
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113	113	Beverage Redemption Centers; Refillable Beverage Containers; Beverage Container Refunds; Regional Centers
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117	117	Description:
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119	119	Allows for the establishment of additional regional centers for the redemption of refillable beverage containers. Repeals exemptions for certain beverage dealers.
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127	127	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.