Hawaii 2025 Regular Session

Hawaii House Bill HB1264 Latest Draft

Bill / Introduced Version Filed 01/22/2025

                            HOUSE OF REPRESENTATIVES   H.B. NO.   1264     THIRTY-THIRD LEGISLATURE, 2025         STATE OF HAWAII                                A BILL FOR AN ACT     relating to waste management.     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:   

HOUSE OF REPRESENTATIVES H.B. NO. 1264
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

HOUSE OF REPRESENTATIVES

H.B. NO.

1264

THIRTY-THIRD LEGISLATURE, 2025

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to waste management.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

 PART I      SECTION 1.  The legislature finds that as the State strives to fulfill its commitments to reduce waste and effectively mitigate the impacts of climate change, extended producer responsibility policies offer an opportunity to create mutually beneficial partnerships with the businesses that produce packaging waste.      Extended producer responsibility policies are designed to transfer some portion of the costs of managing the waste generated by the sale of consumer goods to the entities that produce those goods.  These policies stand in contrast to existing policies that place this responsibility solely on taxpayers.  The failure of recycling programs and the multiple crises created by plastic pollution, which fouls air, water, and biological systems worldwide, are the primary drivers leading to the call for such innovative solutions.      The legislature further finds that Hawaii has a unique role to play in creating extended producer responsibility solutions due to the State's relatively small resident population, remote location bounded by the Pacific ocean, and global image as a relatively pristine environment.  The fact that the islands attract millions of visitors each year adds to Hawaii's value as a proving ground for forward-thinking waste reduction initiatives.      The legislature also finds that the corporations that produce the greatest volume of consumer goods have a correspondingly unique role to play in solving the problems caused by the proliferation of packaging waste.  Among these corporations, sixteen of the top twenty are signatories to the Global Commitment for a New Plastics Economy, an initiative developed by the Ellen MacArthur Foundation and the United Nations Environmental Programme as a primary means for implementing waste-related sustainable development goals.  These existing commitments have signatories who are on track to reduce the volume of plastic packaging waste that their business models generate and ensure that whatever remains is either reusable, recyclable, or compostable.      Finally, the legislature finds that although reuse strategies offer far greater benefits than recycling programs, these strategies have historically failed to gain the resources needed to develop and ensure success.      The purpose of this Act is to establish an extended producer responsibility program to engage producers to eliminate packaging waste in the State. PART II      SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter Extended producer responsibility program      §   -1  Definitions.  As used in this chapter:      "Baseline volume" means the volume of packaging waste a county sends to a power plant that burns municipal solid waste as a fuel, a landfill, or both, during the calendar year beginning and ending on a date determined by rule.      "Brand" means a symbol, word, or mark that identifies a fast-moving consumer good.      "Covered material or product" 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; and      (2)  Primary, secondary, and tertiary packaging intended for the consumer market; service packaging designed and intended to be filled at the point of sale, including carry-out bags and bulk goods bags; and beverage containers.      "Covered producer" means a producer that either:      (1)  Produces a packaging volume of more than ten thousand metric tons internationally; or      (2)  Has international gross sales of fast-moving consumer goods of more than $500,000,000.      "Department" means the department of health.      "Fast-moving consumer good" means a:      (1)  Non-durable consumer good that is packaged using a covered material or product; or      (2)  Covered material or product if the covered material or product is being sold as a product instead of being used as packaging.      "Packaging volume" means the packaging volume that a producer places on the market.      "Person" means any individual, business, partnership, limited liability company, corporation, not-for-profit organization, association, government entity, public benefit corporation, or public authority.      "Producer" means any person, except for the State or any of its political subdivisions, that:      (1)  Manufactures a fast-moving consumer good under the person's own name or brand; and      (2)  Either:           (A)  Sells, offers for sale, distributes, or imports a fast-moving consumer good as owner or licensee of a trademark or brand under which a fast-moving consumer good is sold or distributed in the State; or           (B)  Sells, offers for sale, or distributes a fast‑moving consumer good in the State.      "Program year" means a full calendar year beginning and ending on a date determined by rule; provided that the final program year shall be determined by rule.      "Reuse" means to extend the life of a product, package, or resource, excluding materials used as a fuel substitute or for energy production (i.e. incineration), by either using it more than once with little to no processing (same or new function), repairing it so it can be used longer, or sharing, renting, selling, or donating it to another party.      §   -2.  Sales prohibition.  Beginning and ending on a date determined by rules adopted by the department, no covered producer shall sell or offer for sale any fast-moving consumer good for delivery in this State unless the covered producer has registered pursuant to section    -3 and complied with any other applicable provisions of this chapter.      §   -3.  Fast-moving consumer good; covered producer responsibility.  (a)  Beginning on July 1, 2027, each covered producer shall register with the department and pay to the department a fee as provided in subsection (e).      (b)  Each covered producer who is registered shall submit an annual renewal of its registration by January 1 of each subsequent program year, with the payment of a fee as provided in subsection (e).      (c)  The registration and each renewal shall include a list of all of the covered producer's brands of fast-moving consumer goods and shall be effective on the second day of the succeeding month after receipt by the department of the registration or renewal.      (d)  The registration and each renewal shall include the covered producer's sales volume for the preceding year and the estimated packaging volume placed in the market in the State by the covered producer's sales volume during that year.  The packaging volume generated in the State shall be used to calculate the fee in subsection (e).      (e)  The fee to be paid at the time of registration or renewal shall be $100 for each metric ton of packaging placed in the market in the State by the covered producer.      §   -4.  Extended producer responsibility special fund.  (a)  There is established in the state treasury the extended producer responsibility special fund into which shall be deposited:      (1)  All fees, payments, and penalties collected by the department pursuant to chapter;      (2)  Any appropriation by the legislature into the special fund;      (3)  Any grant or donation made to the special fund; and      (4)  Any interest earned on the balance of the special fund.      (b)  The extended producer responsibility special fund shall be administered by the department.      (c)  Moneys in the special fund shall be expended as follows:      (1)  Beginning with a fiscal year determined by rule, the department shall allocate moneys to each county for the costs of creating the countywide needs assessment required pursuant to section    -6;      (2)  Funds in excess of those required to cover the costs of the countywide needs assessments shall be awarded by the department to qualified applicants for projects and programs that eliminate packaging waste through the development of reuse and refill systems within the State.  The department shall have the authority to subcontract the administration of a grant program to a qualified nonprofit that will process applications and make awards; provided that no producer regulated under the law is connected to the nonprofit in charge of managing the awards in a way that could impact the award process;      (3)  No funds shall be distributed pursuant to this subsection unless approved by the department.  The department shall approve or deny a proposal for funding within ninety days of receipt of a proposal.  The department may approve proposals for funding that meet at least the following criteria:           (A)  Eliminate packaging waste;           (B)  Increase the transition of packaging from non-reusable to reusable or refillable packaging;           (C)  Increase access to reuse and refill infrastructure, programs, and projects in the State;           (D)  Increase the capacity of reuse and refill infrastructure, programs, and projects and the State;           (E)  Provide reuse and refill instruction that are, to the extent practicable, consistent statewide, easy to understand, translated into various commonly-used languages, and easily accessible; and           (F)  Provide for outreach and education that are coordinated across programs or regions to avoid confusion for residents, and developed in consultation with local government and the public; and      (4)  The department may expend an amount not to exceed $           in each fiscal year to administer the extended producer responsibility program established by this chapter.      §   -5  Needs assessment.  (a)  Each county shall develop a countywide needs assessment, which shall:      (1)  Detail the resources needed to reduce the volume of packaging waste the county sends to landfills by fifty per cent from the respective county's baseline volume by a date determined by rule; provided that a county with a population greater than five hundred thousand shall:           (A)  Detail in its needs assessment the resources needed to reduce by fifty per cent of its baseline volume the volume of packaging waste the county sends to a landfill or to a power plant that burns municipal solid waste as a fuel; and           (B)  Categorize its resource needs by method of packaging waste disposal; and      (2)  Detail the resources needed to reduce the volume of packaging waste the county sends to a landfill by eighty per cent from the respective county's baseline volume by a date determined by rule; provided that a county with a population greater than five hundred thousand shall:           (A)  Detail in its needs assessment the resources needed to reduce by eighty per cent of its baseline volume the amount of packaging waste the county sends to a landfill or to a power plant that burns municipal solid waste as a fuel; and           (B)  Categorize its resource needs by method of packaging waste disposal.      (b)  Each county shall submit its countywide needs assessment to the department no later than a date determined by rule.  The department shall compile the assessments and consolidate them along with any recommendations made by the counties and shall work with the counties and registered covered producers to establish guidelines on the use of moneys in the extended producer responsibility special fund; provided that priority shall be given to packaging reuse programs.      (c)  The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session beginning after the establishment of the extended producer responsibility program that contains a summary of:      (1)  County needs assessments;      (2)  Moneys deposited into the extended producer responsibility special fund;      (3)  The use of any moneys from the extended producer responsibility special fund; and      (4)  Any other findings and recommendations, including any proposed legislation.      §   -6  Financial and proprietary information; report.  Notwithstanding any law to the contrary, financial or proprietary information, including trade secrets, commercial information, and business plans, submitted to the department under this chapter shall be confidential and exempt from public disclosure to the extent permitted by chapter 92F.      §   -7  Rules.  No later than July 1, 2027, the department shall adopt rules pursuant to chapter 91 necessary to implement this chapter.      §   -8  Enforcement.  (a)  The department may conduct or require audits and conduct inspections to determine compliance under this chapter.  Except as provided in subsection (c), the department and the attorney general may enforce this chapter and take necessary action against any covered producer for failure to comply with this chapter or rules adopted pursuant to this chapter.      (b)  The attorney general may file suit in the name of the State to enjoin an activity related to the sale of fast-moving consumer goods in violation of this chapter.      (c)  The department shall issue a warning notice to a person for the person's first violation of this chapter.  The person shall comply with this chapter within sixty days of the date the warning notice was issued or be subject to the penalties provided by law or rule, including but not limited to penalties set forth in subsections (d) and (e).      (d)  Any person who violates any requirement of this chapter may be assessed a penalty of up to $1,000 for the first violation and up to $2,000 for the second and each subsequent violation, in addition to any additional penalties required or imposed pursuant to this chapter; provided that each day of continued violation shall constitute a separate violation.      (e)  The department shall determine additional penalties based on adverse impact to the environment, unfair competitive advantage, and other considerations that the department deems appropriate.      §   ‑9  Administrative penalties; fees.  In addition to any other administrative or judicial remedy provided by this chapter or rules adopted under this chapter for a violation thereof, the department may impose by order administrative penalties; set, charge, and collect administrative fines; recover administrative fees and costs, including attorney's fees and costs; and bring legal action to recover administrative fines and fees and costs, including attorney's fees and costs.      §   -10  Applicability.  This chapter shall not apply to any material that is used in the packaging of a product that is regulated as a drug, medical device, or dietary supplement by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 et seq., sec. 3.2(e) of 21 United States Code of Federal Regulations or the Dietary Supplement Health and Education Act." PART III      SECTION 3.  There is appropriated out of the general fund revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 to be deposited into the extended producer responsibility special fund established by this Act.      SECTION 4.  There is appropriated out of the extended producer responsibility special fund the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027 for the counties to prepare countywide need assessments; provided that the moneys shall be expended as follows:      County of Hawaii                            $                County of Kauai                             $                County of Maui                              $                City and county of Honolulu                 $                The sum appropriated shall be expended by the respective county for the purposes of this Act.      The sum appropriated shall constitute the State's share of the cost of the mandated program under article VIII, section 5, of the state constitution.      SECTION 5.  There is appropriated out of the extended producer responsibility special fund the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 for the administration of the extended producer responsibility program.      The sum appropriated shall be expended by the department of health for the purposes of this Act.      SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for one full-time equivalent (1.0 FTE) position for the extended producer responsibility program to develop rules, oversee and manage goals and objectives related to waste management, analyze and assess waste reduction targets, and develop reports.      The sums appropriated shall be expended by the department of health for the purposes of this Act.      SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.      SECTION 8.  This Act shall take effect on July 1, 2025, and shall be repealed on July 1, 2032; provided that if there are moneys remaining in the extended producer responsibility special fund when this Act is repealed, the department of health and the counties may continue to expend the remaining moneys in a manner consistent with this Act after July 1, 2032, until all moneys have been expended.      INTRODUCED BY:   _____________________________              

PART I

     SECTION 1.  The legislature finds that as the State strives to fulfill its commitments to reduce waste and effectively mitigate the impacts of climate change, extended producer responsibility policies offer an opportunity to create mutually beneficial partnerships with the businesses that produce packaging waste.

     Extended producer responsibility policies are designed to transfer some portion of the costs of managing the waste generated by the sale of consumer goods to the entities that produce those goods.  These policies stand in contrast to existing policies that place this responsibility solely on taxpayers.  The failure of recycling programs and the multiple crises created by plastic pollution, which fouls air, water, and biological systems worldwide, are the primary drivers leading to the call for such innovative solutions.

     The legislature further finds that Hawaii has a unique role to play in creating extended producer responsibility solutions due to the State's relatively small resident population, remote location bounded by the Pacific ocean, and global image as a relatively pristine environment.  The fact that the islands attract millions of visitors each year adds to Hawaii's value as a proving ground for forward-thinking waste reduction initiatives.

     The legislature also finds that the corporations that produce the greatest volume of consumer goods have a correspondingly unique role to play in solving the problems caused by the proliferation of packaging waste.  Among these corporations, sixteen of the top twenty are signatories to the Global Commitment for a New Plastics Economy, an initiative developed by the Ellen MacArthur Foundation and the United Nations Environmental Programme as a primary means for implementing waste-related sustainable development goals.  These existing commitments have signatories who are on track to reduce the volume of plastic packaging waste that their business models generate and ensure that whatever remains is either reusable, recyclable, or compostable.

     Finally, the legislature finds that although reuse strategies offer far greater benefits than recycling programs, these strategies have historically failed to gain the resources needed to develop and ensure success.

     The purpose of this Act is to establish an extended producer responsibility program to engage producers to eliminate packaging waste in the State.

PART II

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Extended producer responsibility program

     §   -1  Definitions.  As used in this chapter:

     "Baseline volume" means the volume of packaging waste a county sends to a power plant that burns municipal solid waste as a fuel, a landfill, or both, during the calendar year beginning and ending on a date determined by rule.

     "Brand" means a symbol, word, or mark that identifies a fast-moving consumer good.

     "Covered material or product" 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; and

     (2)  Primary, secondary, and tertiary packaging intended for the consumer market; service packaging designed and intended to be filled at the point of sale, including carry-out bags and bulk goods bags; and beverage containers.

     "Covered producer" means a producer that either:

     (1)  Produces a packaging volume of more than ten thousand metric tons internationally; or

     (2)  Has international gross sales of fast-moving consumer goods of more than $500,000,000.

     "Department" means the department of health.

     "Fast-moving consumer good" means a:

     (1)  Non-durable consumer good that is packaged using a covered material or product; or

     (2)  Covered material or product if the covered material or product is being sold as a product instead of being used as packaging.

     "Packaging volume" means the packaging volume that a producer places on the market.

     "Person" means any individual, business, partnership, limited liability company, corporation, not-for-profit organization, association, government entity, public benefit corporation, or public authority.

     "Producer" means any person, except for the State or any of its political subdivisions, that:

     (1)  Manufactures a fast-moving consumer good under the person's own name or brand; and

     (2)  Either:

          (A)  Sells, offers for sale, distributes, or imports a fast-moving consumer good as owner or licensee of a trademark or brand under which a fast-moving consumer good is sold or distributed in the State; or

          (B)  Sells, offers for sale, or distributes a fast‑moving consumer good in the State.

     "Program year" means a full calendar year beginning and ending on a date determined by rule; provided that the final program year shall be determined by rule.

     "Reuse" means to extend the life of a product, package, or resource, excluding materials used as a fuel substitute or for energy production (i.e. incineration), by either using it more than once with little to no processing (same or new function), repairing it so it can be used longer, or sharing, renting, selling, or donating it to another party.

     §   -2.  Sales prohibition.  Beginning and ending on a date determined by rules adopted by the department, no covered producer shall sell or offer for sale any fast-moving consumer good for delivery in this State unless the covered producer has registered pursuant to section    -3 and complied with any other applicable provisions of this chapter.

     §   -3.  Fast-moving consumer good; covered producer responsibility.  (a)  Beginning on July 1, 2027, each covered producer shall register with the department and pay to the department a fee as provided in subsection (e).

     (b)  Each covered producer who is registered shall submit an annual renewal of its registration by January 1 of each subsequent program year, with the payment of a fee as provided in subsection (e).

     (c)  The registration and each renewal shall include a list of all of the covered producer's brands of fast-moving consumer goods and shall be effective on the second day of the succeeding month after receipt by the department of the registration or renewal.

     (d)  The registration and each renewal shall include the covered producer's sales volume for the preceding year and the estimated packaging volume placed in the market in the State by the covered producer's sales volume during that year.  The packaging volume generated in the State shall be used to calculate the fee in subsection (e).

     (e)  The fee to be paid at the time of registration or renewal shall be $100 for each metric ton of packaging placed in the market in the State by the covered producer.

     §   -4.  Extended producer responsibility special fund.  (a)  There is established in the state treasury the extended producer responsibility special fund into which shall be deposited:

     (1)  All fees, payments, and penalties collected by the department pursuant to chapter;

     (2)  Any appropriation by the legislature into the special fund;

     (3)  Any grant or donation made to the special fund; and

     (4)  Any interest earned on the balance of the special fund.

     (b)  The extended producer responsibility special fund shall be administered by the department.

     (c)  Moneys in the special fund shall be expended as follows:

     (1)  Beginning with a fiscal year determined by rule, the department shall allocate moneys to each county for the costs of creating the countywide needs assessment required pursuant to section    -6;

     (2)  Funds in excess of those required to cover the costs of the countywide needs assessments shall be awarded by the department to qualified applicants for projects and programs that eliminate packaging waste through the development of reuse and refill systems within the State.  The department shall have the authority to subcontract the administration of a grant program to a qualified nonprofit that will process applications and make awards; provided that no producer regulated under the law is connected to the nonprofit in charge of managing the awards in a way that could impact the award process;

     (3)  No funds shall be distributed pursuant to this subsection unless approved by the department.  The department shall approve or deny a proposal for funding within ninety days of receipt of a proposal.  The department may approve proposals for funding that meet at least the following criteria:

          (A)  Eliminate packaging waste;

          (B)  Increase the transition of packaging from non-reusable to reusable or refillable packaging;

          (C)  Increase access to reuse and refill infrastructure, programs, and projects in the State;

          (D)  Increase the capacity of reuse and refill infrastructure, programs, and projects and the State;

          (E)  Provide reuse and refill instruction that are, to the extent practicable, consistent statewide, easy to understand, translated into various commonly-used languages, and easily accessible; and

          (F)  Provide for outreach and education that are coordinated across programs or regions to avoid confusion for residents, and developed in consultation with local government and the public; and

     (4)  The department may expend an amount not to exceed $           in each fiscal year to administer the extended producer responsibility program established by this chapter.

     §   -5  Needs assessment.  (a)  Each county shall develop a countywide needs assessment, which shall:

     (1)  Detail the resources needed to reduce the volume of packaging waste the county sends to landfills by fifty per cent from the respective county's baseline volume by a date determined by rule; provided that a county with a population greater than five hundred thousand shall:

          (A)  Detail in its needs assessment the resources needed to reduce by fifty per cent of its baseline volume the volume of packaging waste the county sends to a landfill or to a power plant that burns municipal solid waste as a fuel; and

          (B)  Categorize its resource needs by method of packaging waste disposal; and

     (2)  Detail the resources needed to reduce the volume of packaging waste the county sends to a landfill by eighty per cent from the respective county's baseline volume by a date determined by rule; provided that a county with a population greater than five hundred thousand shall:

          (A)  Detail in its needs assessment the resources needed to reduce by eighty per cent of its baseline volume the amount of packaging waste the county sends to a landfill or to a power plant that burns municipal solid waste as a fuel; and

          (B)  Categorize its resource needs by method of packaging waste disposal.

     (b)  Each county shall submit its countywide needs assessment to the department no later than a date determined by rule.  The department shall compile the assessments and consolidate them along with any recommendations made by the counties and shall work with the counties and registered covered producers to establish guidelines on the use of moneys in the extended producer responsibility special fund; provided that priority shall be given to packaging reuse programs.

     (c)  The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session beginning after the establishment of the extended producer responsibility program that contains a summary of:

     (1)  County needs assessments;

     (2)  Moneys deposited into the extended producer responsibility special fund;

     (3)  The use of any moneys from the extended producer responsibility special fund; and

     (4)  Any other findings and recommendations, including any proposed legislation.

     §   -6  Financial and proprietary information; report.  Notwithstanding any law to the contrary, financial or proprietary information, including trade secrets, commercial information, and business plans, submitted to the department under this chapter shall be confidential and exempt from public disclosure to the extent permitted by chapter 92F.

     §   -7  Rules.  No later than July 1, 2027, the department shall adopt rules pursuant to chapter 91 necessary to implement this chapter.

     §   -8  Enforcement.  (a)  The department may conduct or require audits and conduct inspections to determine compliance under this chapter.  Except as provided in subsection (c), the department and the attorney general may enforce this chapter and take necessary action against any covered producer for failure to comply with this chapter or rules adopted pursuant to this chapter.

     (b)  The attorney general may file suit in the name of the State to enjoin an activity related to the sale of fast-moving consumer goods in violation of this chapter.

     (c)  The department shall issue a warning notice to a person for the person's first violation of this chapter.  The person shall comply with this chapter within sixty days of the date the warning notice was issued or be subject to the penalties provided by law or rule, including but not limited to penalties set forth in subsections (d) and (e).

     (d)  Any person who violates any requirement of this chapter may be assessed a penalty of up to $1,000 for the first violation and up to $2,000 for the second and each subsequent violation, in addition to any additional penalties required or imposed pursuant to this chapter; provided that each day of continued violation shall constitute a separate violation.

     (e)  The department shall determine additional penalties based on adverse impact to the environment, unfair competitive advantage, and other considerations that the department deems appropriate.

     §   ‑9  Administrative penalties; fees.  In addition to any other administrative or judicial remedy provided by this chapter or rules adopted under this chapter for a violation thereof, the department may impose by order administrative penalties; set, charge, and collect administrative fines; recover administrative fees and costs, including attorney's fees and costs; and bring legal action to recover administrative fines and fees and costs, including attorney's fees and costs.

     §   -10  Applicability.  This chapter shall not apply to any material that is used in the packaging of a product that is regulated as a drug, medical device, or dietary supplement by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 et seq., sec. 3.2(e) of 21 United States Code of Federal Regulations or the Dietary Supplement Health and Education Act."

PART III

     SECTION 3.  There is appropriated out of the general fund revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 to be deposited into the extended producer responsibility special fund established by this Act.

     SECTION 4.  There is appropriated out of the extended producer responsibility special fund the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027 for the counties to prepare countywide need assessments; provided that the moneys shall be expended as follows:

     County of Hawaii                            $          

     County of Kauai                             $          

     County of Maui                              $          

     City and county of Honolulu                 $          

     The sum appropriated shall be expended by the respective county for the purposes of this Act.

     The sum appropriated shall constitute the State's share of the cost of the mandated program under article VIII, section 5, of the state constitution.

     SECTION 5.  There is appropriated out of the extended producer responsibility special fund the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 for the administration of the extended producer responsibility program.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for one full-time equivalent (1.0 FTE) position for the extended producer responsibility program to develop rules, oversee and manage goals and objectives related to waste management, analyze and assess waste reduction targets, and develop reports.

     The sums appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  This Act shall take effect on July 1, 2025, and shall be repealed on July 1, 2032; provided that if there are moneys remaining in the extended producer responsibility special fund when this Act is repealed, the department of health and the counties may continue to expend the remaining moneys in a manner consistent with this Act after July 1, 2032, until all moneys have been expended.

 

INTRODUCED BY: _____________________________

INTRODUCED BY:

_____________________________

 

 

        Report Title: Department of Health; Counties; Extended Producer Responsibility; Waste Reduction; Packaging; Fast-moving Consumer Goods; Extended Producer Responsibility Special Fund; Appropriation   Description: Establishes an Extended Producer Responsibility Program.  Requires certain producers of fast-moving consumer goods to register with the Department of Health and pay an annual fee based on the amount of packaging volume the covered producer places on the market each calendar year.  Provides for the deposit of fees into an Extended Producer Responsibility Special Fund.  Provides for the expenditure of moneys from the Extended Producer Responsibility Special Fund for the creation of a countywide needs assessment of resources needed to reduce the volume of packaging waste sent to landfills or power plants that burn municipal solid waste as a fuel by fifty per cent and eighty per cent by a date to be determined by rule.  Appropriates funds.  Sunsets 7/1/2032.       The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. 

 

 

Report Title:

Department of Health; Counties; Extended Producer Responsibility; Waste Reduction; Packaging; Fast-moving Consumer Goods; Extended Producer Responsibility Special Fund; Appropriation

 

Description:

Establishes an Extended Producer Responsibility Program.  Requires certain producers of fast-moving consumer goods to register with the Department of Health and pay an annual fee based on the amount of packaging volume the covered producer places on the market each calendar year.  Provides for the deposit of fees into an Extended Producer Responsibility Special Fund.  Provides for the expenditure of moneys from the Extended Producer Responsibility Special Fund for the creation of a countywide needs assessment of resources needed to reduce the volume of packaging waste sent to landfills or power plants that burn municipal solid waste as a fuel by fifty per cent and eighty per cent by a date to be determined by rule.  Appropriates funds.  Sunsets 7/1/2032.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.