REPORT TITLE:
Garbage/Trash Disposal; Condos


DESCRIPTION:
Requires counties to provide garbage or trash collection and
disposal services to condominium and cooperative housing
corporation communities in where county garbage collection is
provided to other neighborhood residents; allows county to charge
and provides for waiver by condominiums and cooperative housing
corporation community.  Requires report from counties on refuse
collection procedures relating to condominiums and cooperatives.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2348
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MUNICIPAL SERVICES.



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

 1      SECTION 1.  The legislature finds that real property tax
 
 2 revenues are used by counties to provide refuse collection and
 
 3 disposal services for single-family residential homeowners and
 
 4 for some multi-unit residential buildings.  Owners of condominium
 
 5 and cooperative residences, like other property owners, are
 
 6 required to pay real property taxes to the county where the
 
 7 property is located.  The purpose of this Act is to provide
 
 8 condominium and co-op owners with the same garbage or trash
 
 9 collection and disposal services that are currently provided by
 
10 the county to other residential property owners in the same
 
11 refuse collection area. 
 
12      SECTION 2.  Chapter 516D, Hawaii Revised Statutes, is
 
13 amended by adding a new section to be appropriately designated
 
14 and to read as follows:
 
15      "§516D-    Garbage, trash disposal.  (a)  Every county which
 
16 maintains or operates any garbage or trash collection and
 
17 disposal service shall collect and dispose of garbage and trash
 
18 at and from any residential condominium and cooperative housing
 
19 corporation communities located in a collection area where the
 

 
Page 2                                                     2348
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 county maintains or operates an existing garbage and trash
 
 2 collection and disposal service for private residential dwellings
 
 3 in the same collection area.
 
 4      (b)  Upon written request of a residential condominium or
 
 5 cooperative housing corporation community, each county shall
 
 6 allow the residential condominium or cooperative housing
 
 7 corporation community to establish, maintain, or operate its own
 
 8 garbage and trash collection and disposal service and shall allow
 
 9 the use of all incinerators, garbage dumps, and other facilities
 
10 that the county may own, control, or operate.
 
11      (c)  Nothing in this section shall prohibit or prevent the
 
12 residential condominium or cooperative housing corporation
 
13 community from paying, and any county from receiving, any sum
 
14 which the residential condominium or cooperative housing
 
15 corporation community may agree to pay as reasonable compensation
 
16 for the services or facilities provided by any county pursuant to
 
17 this section."
 
18      SECTION 3.  The director of environmental services of the
 
19 city and county of Honolulu, the directors of the departments of
 
20 public works of the counties of Hawaii, Kauai, and Maui,
 
21 respectively, are each requested to submit a report to the
 
22 legislature and to the real estate commission, twenty days before
 

 
 
 
Page 3                                                     2348
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 the convening of the Regular Session of 2001, providing
 
 2 information on the current departmental policies and procedures
 
 3 relating to the collection and disposal of garbage or rubbish
 
 4 from residential condominium or cooperative housing corporation
 
 5 communities.
 
 6      SECTION 4.  New statutory material is underscored.
 
 7      SECTION 5.  This Act shall take effect upon its approval.