Hawaii 2025 Regular Session

Hawaii Senate Bill SB724 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 THE SENATE S.B. NO. 724 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to deposit beverage container redemption. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
22
33 THE SENATE S.B. NO. 724
44 THIRTY-THIRD LEGISLATURE, 2025
55 STATE OF HAWAII
66
77 THE SENATE
88
99 S.B. NO.
1010
1111 724
1212
1313 THIRTY-THIRD LEGISLATURE, 2025
1414
1515
1616
1717 STATE OF HAWAII
1818
1919
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 container redemption.
3838
3939
4040
4141
4242
4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
4444
4545
4646
4747 SECTION 1. The legislature finds that the state deposit beverage container program is currently underutilized. According to a 2024 report by the Container Recycling Institute, only fifty-five per cent of eligible containers were redeemed in Hawaiʻi in 2023 the lowest annual redemption rate since the program was initiated in 2005, and the third worst in the nation among states with container deposit laws. The legislature further finds that a significant contributing factor of declining redemption rates is the scarcity and inaccessibility of bottle redemption centers statewide. States with substantially higher redemption rates, such as Michigan and Oregon, require retailers who sell deposit beverages to accept the return of empty deposit beverage containers for redemption, making it convenient for consumers to redeem their empty deposit beverage containers. Although Hawaiʻi requires dealers of deposit beverage containers for off-premises consumption to accept and redeem the empty containers, exceptions within the statute make the law ineffective. Dealers located outside of a high density population area on the island of Oʻahu are not required to redeem the qualifying containers. Furthermore, even dealers located on Oʻahu are exempt if they are located within two miles of another redemption center, only sell deposit beverage containers via vending machines, or operate a store with less than five thousand square feet of retail space. The director of health is also authorized to allow the placement of redemption centers outside of the required parameters due to geographical features. These exemptions have resulted in a scarcity of redemption centers in many areas, disincentivizing residents from redeeming empty deposit beverage containers because of the inconvenience and significant travel often required to do so. The legislature also finds that these exemptions undermine the purpose of container deposit laws and that existing law should contain a uniform provision requiring all dealers of deposit beverage containers to operate as redemption centers. Accordingly, the purpose of this Act is to promote increased bottle redemption by repealing the existing exemptions for certain dealers of deposit beverage containers and requiring every dealer to accept and redeem those containers when they are returned. SECTION 2. 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; (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), 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. (e)] (b) 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 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, 2026. INTRODUCED BY: _____________________________
4848
4949 SECTION 1. The legislature finds that the state deposit beverage container program is currently underutilized. According to a 2024 report by the Container Recycling Institute, only fifty-five per cent of eligible containers were redeemed in Hawaiʻi in 2023 the lowest annual redemption rate since the program was initiated in 2005, and the third worst in the nation among states with container deposit laws.
5050
5151 The legislature further finds that a significant contributing factor of declining redemption rates is the scarcity and inaccessibility of bottle redemption centers statewide. States with substantially higher redemption rates, such as Michigan and Oregon, require retailers who sell deposit beverages to accept the return of empty deposit beverage containers for redemption, making it convenient for consumers to redeem their empty deposit beverage containers.
5252
5353 Although Hawaiʻi requires dealers of deposit beverage containers for off-premises consumption to accept and redeem the empty containers, exceptions within the statute make the law ineffective. Dealers located outside of a high density population area on the island of Oʻahu are not required to redeem the qualifying containers. Furthermore, even dealers located on Oʻahu are exempt if they are located within two miles of another redemption center, only sell deposit beverage containers via vending machines, or operate a store with less than five thousand square feet of retail space. The director of health is also authorized to allow the placement of redemption centers outside of the required parameters due to geographical features. These exemptions have resulted in a scarcity of redemption centers in many areas, disincentivizing residents from redeeming empty deposit beverage containers because of the inconvenience and significant travel often required to do so.
5454
5555 The legislature also finds that these exemptions undermine the purpose of container deposit laws and that existing law should contain a uniform provision requiring all dealers of deposit beverage containers to operate as redemption centers.
5656
5757 Accordingly, the purpose of this Act is to promote increased bottle redemption by repealing the existing exemptions for certain dealers of deposit beverage containers and requiring every dealer to accept and redeem those containers when they are returned.
5858
5959 SECTION 2. Section 342G-113, Hawaii Revised Statutes, is amended to read as follows:
6060
6161 "§342G-113 Redemption of empty deposit beverage containers. (a) [Except as provided in subsection (b), a] A dealer shall:
6262
6363 (1) Operate a redemption center [by July 1, 2005,] and shall accept all types of empty deposit beverage containers with a Hawaii refund value;
6464
6565 (2) Pay to the redeemer the full refund value for all deposit beverage containers that bear a valid Hawaii refund value; and
6666
6767 (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.
6868
6969 [(b) Subsection (a) shall not apply to any dealer:
7070
7171 (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;
7272
7373 (2) Who is located in a rural area as defined by rule;
7474
7575 (3) Who subcontracts with a certified redemption center to be operated on the dealer's premises;
7676
7777 (4) Whose sales of deposit beverage containers are only via vending machines;
7878
7979 (5) Whose place of business is less than five thousand square feet of interior space;
8080
8181 (6) Who can demonstrate physical or financial hardship, or both, based on specific criteria established by rule; or
8282
8383 (7) Who meets other criteria established by the director.
8484
8585 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.
8686
8787 (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.
8888
8989 (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.
9090
9191 (e)] (b) 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."
9292
9393 SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
9494
9595 SECTION 4. This Act shall take effect on July 1, 2026.
9696
9797
9898
9999 INTRODUCED BY: _____________________________
100100
101101 INTRODUCED BY:
102102
103103 _____________________________
104104
105105
106106
107107
108108
109109
110110
111111
112112
113113 Report Title: Deposit Beverage Container Program; Dealers of Deposit Beverage Containers; Redemption Centers; Exemptions; Repeal Description: Repeals the exemptions for certain dealers of deposit beverage containers and related provisions. Requires all dealers of deposit beverage containers to operate as redemption centers. Effective 7/1/2026. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
114114
115115
116116
117117
118118
119119
120120
121121 Report Title:
122122
123123 Deposit Beverage Container Program; Dealers of Deposit Beverage Containers; Redemption Centers; Exemptions; Repeal
124124
125125
126126
127127 Description:
128128
129129 Repeals the exemptions for certain dealers of deposit beverage containers and related provisions. Requires all dealers of deposit beverage containers to operate as redemption centers. Effective 7/1/2026.
130130
131131
132132
133133
134134
135135
136136
137137 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.