Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Water, Land, Energy and Environment and Tourism and Intergovernmental Affairs, to which was referred H.B. No. 2723, H.D. 2, entitled:

beg leave to report as follows:

The purpose of this measure is to require the counties to establish a food waste recycling program as part of their integrated solid waste planning.

Testimony in support of the intent of this measure was received from the Department of Health, Eco-Feed, Inc., Hawaii Hotel Association, Sierra Club Hawai`i Chapter, and one individual. McDonalds Restaurants in Hawaii submitted comments.

Your Committees find that more recycling of food waste would contribute greatly to meeting the State's recycling goals, while providing business opportunities for the recycling industry. The City and County of Honolulu has an active food waste recycling program, and such a program would benefit the neighbor island counties in their efforts to cope with decreasing landfill capacity.

Your Committees have amended this measure to delete its contents and insert the language from S.B. No. 2909, S.D. 1, heard previously in these Committees. As amended, this measure establishes a new food waste part in Chapter 46, Hawaii Revised Statutes; including applicability and exceptions, cooperation with other establishments, suspension of requirements, rules, inspections, reporting requirements, donations of food, violations and penalties, authorization for the counties to assess a charge, and county request for an exemption.

Your Committees note the amendments also specifically address the question of whether such a program is an unfunded mandate, as raised earlier by a Deputy Attorney General.

As affirmed by the records of votes of the members of your Committees on Water, Land, Energy and Environment and Tourism and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2723, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2723, H.D. 2, S.D. 1, and be placed on the calendar for Third Reading.