STAND. COM. REP. NO.1022
Honolulu, Hawaii
, 2001
RE: S.B. No. 1131
S.D. 2
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committees on Energy and Environmental Protection and Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1131, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO SPECIAL WASTES RECYCLING,"
beg leave to report as follows:
The purpose of this bill is to effectively address the disposal of used lead acid batteries and tires by:
(1) Authorizing the Department of Health (DOH) to take administrative action against violators of the laws regulating the disposal of batteries;
(2) Allowing retailers to separately list the tire disposal fee and prohibiting the inclusion of overhead expenses in the fee;
(3) Capping the number of used tires stored at a retail collection point before the retailer is required to obtain a permit as a used tire collection facility; and
(4) Allowing annual, rather than quarterly, payment of the motor vehicle tire surcharge on tires imported into the State.
The Environmental Center of the University of Hawaii at Manoa, DOH, and Catrala-Hawaii testified in support of the intent of the bill, with the latter two submitting amendments.
The $1 motor vehicle tire surcharge is on tires imported into the State, including those tires imported on motor vehicles. A motor vehicle rental company may subtract the number of tires on motor vehicles that are exported from the State when calculating the tire surcharge. These companies ship a large number of their vehicles out of State after limited use.
There are a number of obstacles confronting motor vehicle rental companies in recovering the tire surcharge fee, including the unlikely scenario that the number of vehicles exported equals the vehicles imported in a given quarter. Your Committees find that the requirement that surcharge fees be paid quarterly may be justified for tire importers, but in the case of vehicle rental companies, such a requirement denies them of their intended statutory entitlement.
Accordingly, your Committees have amended this measure to give partial relief to motor vehicle rental companies by reinstating the quarterly payment of the surcharge fee, but allowing motor vehicle rental companies to pay the fee on an annual basis.
Technical, nonsubstantive amendments were also made to this measure for purposes of clarity, style, and consistency.
As affirmed by the records of votes of the members of your Committees on Energy and Environmental Protection and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1131, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1131, S.D. 2, H.D. 1, and be referred to the Committee on Finance.
Respectfully submitted on behalf of the members of the Committees on Energy and Environmental Protection and Judiciary and Hawaiian Affairs,
|
____________________________ ERIC G. HAMAKAWA, Chair |
____________________________ HERMINA M. MORITA, Chair |