CONFERENCE COMMITTEE REP. NO. 92-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 1611

H.D. 2

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1611, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to make clarifying amendments to the Deposit Beverage Container Program (Program).

After careful consideration, Your Committee on Conference has amended this bill by, among other things:

(1) Changing the date that the Department of Health (DOH) shall notify distributors of the amount of the deposit beverage container fee to January 1, 2005;

 

(2) Adding a provision to retain all funds in the Deposit Beverage Container Deposit Special Fund unless the Auditor determines funds to be in excess pursuant to management and financial audits;

(3) Requiring distributors to begin charging dealers and customers a deposit by January 1, 2005;

(4) Specifying November 1, 2004, as the date that dealers may begin charging customers the deposit value;

(5) Specifying that dealers shall inform customers that deposits paid prior to January 1, 2005, shall not be redeemable until January 1, 2005;

(6) Providing that deposit beverage containers that do not indicate the Hawaii refund value by January 1, 2005, and are intended for sale shall be sold with stickers indicating the refund value;

(7) Removing the requirement that redemption centers and reverse vending machines shall crush or destroy deposit beverage containers that are accepted for redemption;

(8) Removing the requirement that redemption centers submit quarterly reporting information;

(9) Specifying procedures that DOH shall use to implement and administer the Program and providing that these procedures shall be repealed on March 31, 2005;

(10) Providing a definition of "recycling drop-off facility" to supercede the definition in title 11, chapter 58.1, Hawaii Administrative Rules; and

(11) Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1611, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1611, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

HERMINA M. MORITA, Co-Chair

____________________________

J. KALANI ENGLISH, Co-Chair

____________________________

BRIAN SCHATZ, Co-Chair

____________________________

RUSSELL KOKUBUN, Co-Chair

____________________________

THOMAS WATERS, Co-Chair