Report Title:
Deposit Beverage Container Program; Passenger Vessel; Exemption
Description:
Exempts commercial passenger vessels with recycling programs prescribed or approved by the department of health from the requirements of the State's deposit beverage container program. Defines "commercial passenger vessel" and "patron". (HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1015 |
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TWENTY-THIRD LEGISLATURE, 2005 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the deposit beverage container program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 342G, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:
"§342G- Commercial passenger vessels; exemption. (a) Notwithstanding any other provision of this part, this part shall not apply to a deposit beverage container that is sold and delivered to a commercial passenger vessel intended for use and consumption on the commercial passenger vessel; provided that the entity operating the commercial passenger vessel has a deposit beverage container recycling plan prescribed or approved by the department.
(b) Recycling plans shall be submitted to the department and shall include the name and address of the recycling company that is accepting the empty deposit beverage containers.
(c) Deposit beverage containers covered under this exemption shall not be redeemed for the deposit or handling fee."
SECTION 2. Section 342G-101, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Commercial passenger vessel" means any domestic or foreign-flagged marine vessel or air carrier used primarily for transporting persons to, from, or within the State. The term does not include:
(1) Marine vessels authorized to carry fewer than fifty passengers; or
(2) Marine vessels for hire that do not provide overnight accommodations for at least fifty passengers, determined with reference to the number of lower berths and based on an average of two persons per cabin.
"Patron" means a person who buys a beverage in a deposit beverage container for use or consumption and does not pay the deposit."
SECTION 3. Section 342G-101, Hawaii Revised Statutes, is amended by amending the definition of "on-premises consumption" to read as follows:
""On-premises consumption" means [to consume] the consuming of deposit beverages by a [consumer] patron immediately and within the area under control of the establishment, including bars, restaurants, passenger ships, and airplanes."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.