Establishes the beverage container deposit act to require the use of returnable glass beverage containers with a deposit charge.

A BILL FOR AN ACT

SECTION 1. The legislature finds that discarded glass bottles, plastic containers, and aluminum cans, left broken and dangerous on Hawaii’s beautiful beaches and roads, are more than an eyesore. They make up a large portion of Hawaii’s litter and are potentially dangerous to swimmers, surfers, children, and animal life. Litter has been reduced in every state that has implemented a bottle deposit law.

The present practice of charging a flat rate advance disposal fee to importers of glass containers, to be placed in the environmental management special fund, has not been an effective deterrent to litter.

The purpose of this Act is to establish the beverage container deposit act to require the use of returnable glass beverage containers through a deposit charge.

SECTION 2. Chapter 339, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART   . BEVERAGE CONTAINERS

§339-A Definitions. As used in this part unless the context clearly requires otherwise:

"Consumer" means every person who purchases a beverage in a beverage container for any use other than resale.

"Dealer" means every person who sells, offers to sell, or engages in the sale of beverages in beverage containers to a consumer, including, but not limited to, an operator of a vending machine containing beverages in beverage containers.

"Dealer’s place of business" means the locations at which a dealer sells or offers for sale beverages in beverage containers to consumers.

"Distributor" means every person who engages in the sale of beverages in beverage containers to a dealer in this State, including any manufacturer who engages in these sales.

"Manufacturer" means every person bottling or otherwise filling beverage containers for sale to distributors or dealers in this State.

"Redemption center" means a place of business, which may include, but need not be limited to, a dealer’s place of business where consumers may return empty beverage containers.

§339—B Deposit value of containers. Every commodity bottled, canned, or otherwise packaged in a glass container, and sold or offered for sale in this State, shall have a deposit value of not less than five cents per container.

S339—C Collection of deposit, acceptance of container, and payment of refund value. (a) Except as provided in section 339-D:

(b) This section shall not be construed to require an operator of a vending machine that contains a commodity bottled or otherwise packaged in a glass container to maintain an individual on the premises occupied by the vending machine to accept an empty container and to pay the refund value.

(c) A retailer shall not be required to pay the refund value of a glass container if the contents of the container is entirely consumed at the place of business of the retailer, and the retailer has not collected the deposit on the container.

§339—D Refusal to accept container and to pay refund value. (a) A dealer may refuse to accept from any person and to refund deposits on any beverage container:

(b) Commercial air carriers shall have the option of refusing to accept from any person any empty beverage containers except for those containers sold by the particular commercial air carrier to the public.

(c) A dealer may refuse containers under subsection (a) only if, in each area where containers are received, there is posted a clearly visible and legible sign containing substantially the following information:

"NOTICE

Hawaii law allows a dealer to refuse to accept beverage containers visibly containing or contaminated by a substance other than water, residue of the original contents, or ordinary dust.

§339-E Redemption centers. (a) To facilitate the return of empty beverage containers and to assist dealers of beverages, any person may establish a redemption center, subject to subsection (b), at which consumers may return beverage containers and receive payment of the refund value of the beverage containers.

(b) A dealer may contract with a redemption center for pickup and handling of empty beverage containers that have been returned to the dealer for refund; provided that the dealer shall not receive a handling fee unless both parties to the contract agree to the fee.

§339-F Rules. The department may adopt rules pursuant to chapter 91 to carry out the purposes of this part.

§339—G Penalties. In addition to any other penalty provided by law, any person violating any provision of this part shall be fined not more than $500 for each offense. Any action taken to impose or collect the penalty shall be considered a civil action."

SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act shall take effect upon its approval.