REPORT TITLE:
Recycling Beverage Containers


DESCRIPTION:
Establishes the Beverage Container Deposit Act to require the use
of returnable glass beverage containers through a deposit charge.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1548
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO BEVERAGE CONTAINERS.



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

 1      SECTION 1.  The legislature finds that discarded glass
 
 2 bottles, plastic containers, and aluminum cans, left broken and
 
 3 dangerous on Hawaii's beautiful beaches and roads, are more than
 
 4 an eyesore.  They make up a large portion of Hawaii's litter and
 
 5 are potentially dangerous to swimmers, surfers, children, and
 
 6 animal life.  Litter has been reduced in every state that has
 
 7 implemented a bottle deposit law.
 
 8      The present practice of charging a flat rate advance
 
 9 disposal fee to importers of glass containers, to be placed in
 
10 the environmental management special fund, has not been an
 
11 effective deterrent to litter.
 
12      The purpose of this Act is to establish the beverage
 
13 container deposit act to require the use of returnable glass
 
14 beverage containers through a deposit charge.  
 
15      SECTION 2.  Chapter 339, Hawaii Revised Statutes, is amended
 
16 by adding a new part to be appropriately designated and to read
 
17 as follows: 
 
18                  "PART   .  BEVERAGE CONTAINERS
 
19      §339-   Short title.  This part shall be known and may be
 

 
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 1 cited as the "Beverage Container Deposit Act".
 
 2      §339-   Definitions.  As used in this part unless the
 
 3 context clearly requires otherwise:
 
 4      "Consumer" means every person who purchases a beverage in a
 
 5 beverage container for any use other than resale.
 
 6      "Dealer" means every person who sells, offers to sell, or
 
 7 engages in the sale of beverages in beverage containers to a
 
 8 consumer, including, but not limited to, an operator of a vending
 
 9 machine containing beverages in beverage containers.
 
10      "Dealer's place of business" means the locations at which a
 
11 dealer sells or offers for sale beverages in beverage containers
 
12 to consumers.
 
13      "Distributor" means every person who engages in the sale of
 
14 beverages in beverage containers to a dealer in this State,
 
15 including any manufacturer who engages in these sales.
 
16      "Manufacturer" means every person bottling or otherwise
 
17 filling beverage containers for sale to distributors or dealers
 
18 in this State.
 
19      "Redemption center" means a place of business, which may
 
20 include, but need not be limited to, a dealer's place of business
 
21 where consumers may return empty beverage containers.
 
22      §339-   Deposit value of containers.  Every commodity
 
23 bottled, canned, or otherwise packaged in a glass container, and
 

 
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                                     S.B. NO.           1548
                                                        
                                                        

 
 1 sold or offered for sale in this State, shall have a deposit
 
 2 value of not less than 10 cents per container.
 
 3      §339-   Collection of deposit, acceptance of container,
 
 4 and payment of refund value.(a)  Except as provided in section
 
 5 339-  :
 
 6      (1)  A retailer shall collect from a consumer a refundable
 
 7           deposit that is equal to the aggregate deposit value of
 
 8           each glass container involved in a sales transaction;
 
 9           and
 
10      (2)  A retailer shall not refuse to accept from any person
 
11           an empty glass container of the kind, size, and brand
 
12           sold by the retailer, or refuse to pay to that person
 
13           the refund value of the container as established by
 
14           section 339-   .
 
15      (b)  This section shall not be construed to require an
 
16 operator of a vending machine that contains a commodity bottled
 
17 or otherwise packaged in a glass container to maintain an
 
18 individual on the premises occupied by the vending machine to
 
19 accept an empty container and to pay the refund value.
 
20      (c)  A retailer shall not be required to pay the refund
 
21 value of a glass container if the contents of the container is
 
22 entirely consumed at the place of business of the retailer, and
 
23 the retailer has not collected the deposit on the container.
 

 
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                                     S.B. NO.           1548
                                                        
                                                        

 
 1      §339-    Refusal to accept container and to pay refund
 
 2 value.(a)  A dealer may refuse to accept from any person and to
 
 3 refund deposits on any beverage container:
 
 4      (1)  That visibly contains or is contaminated by a substance
 
 5           other than water, residue of the original contents, or
 
 6           ordinary dust; 
 
 7      (2)  If one or more nondealer redemption centers are
 
 8           established within a five mile radius of the dealer's
 
 9           place of business; and
 
10      (3)  As provided in subsection (c).
 
11      (b)  Commercial air carriers shall have the option of
 
12 refusing to accept from any person any empty beverage containers
 
13 except for those containers sold by the particular commercial air
 
14 carrier to the public.
 
15      (c)  A dealer may refuse containers under subsection (a)
 
16 only if, in each area where containers are received, there is
 
17 posted a clearly visible and legible sign containing
 
18 substantially the following information:
 
19                              "NOTICE
 
20 Hawaii law allows a dealer to refuse to accept beverage
 
21 containers visibly containing or contaminated by a substance
 
22 other than water, residue of the original contents, or ordinary
 
23 dust."
 

 
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                                     S.B. NO.           1548
                                                        
                                                        

 
 1      §339-   Redemption centers.(a)  To facilitate the
 
 2 return of empty beverage containers and to assist dealers of
 
 3 beverages, any person may establish a redemption center, subject
 
 4 to subsection (b), at which consumers may return beverage
 
 5 containers and receive payment of the refund value of the
 
 6 beverage containers.
 
 7      (b)  A dealer may contract with a redemption center for
 
 8 pickup and handling of empty beverage containers that have been
 
 9 returned to the dealer for refund; provided that the dealer shall
 
10 not receive a handling fee unless both parties to the contract
 
11 agree to the fee.
 
12      §339-   Rules.  The department may adopt rules pursuant
 
13 to chapter 91 to carry out the purposes of this part.
 
14      §339-   Penalties.  In addition to any other penalty
 
15 provided by law, any person violating any provision of this part
 
16 shall be fined not more than $500 for each offense.  Any action
 
17 taken to impose or collect the penalty shall be considered a
 
18 civil action."
 
19      SECTION 3.  This Act shall take effect upon its approval.
 
20 
 
21                           INTRODUCED BY:  _______________________