Requires importers of new lead acid batteries and tires to pay an advance disposal fee to strengthen current disposal and recycling efforts; establishes county-used lead acid batteries and tires recovery programs.

A BILL FOR AN ACT

SECTION 1. Chapter 342I, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . used Lead acid batteries and tires recovery programs

§342I-A Definitions. As used in this part, unless the context requires otherwise:

"Import" means to buy, bring, or accept delivery of new lead acid batteries or tires from an address, supplier, or any entity outside of the state.

"Importer" means any person who imports new lead acid batteries or tires from outside the state for sale or use within the state.

"Incentive" means an incentive paid to recyclers for the recycling of used lead acid batteries or tires. Such incentives may be structured to include but not be limited to the costs of collection and processing and a "buy back" incentive to increase participation by recycling companies and the public.

"Tire" means "motor vehicle tire" as defined in section 342I-21.

"Used lead acid batteries and tires recovery program" means a program for the recovery of used lead acid batteries and tires, including but not limited to their collection, recycling, or reuse.

§342I-B Advance disposal fee. (a) An advance disposal fee shall be paid on every new lead acid battery and tire imported into the state. The fee shall be imposed only once on each new lead acid battery or tire and shall be paid to the department of health at the time of import for deposit into the environmental management special fund according to section 342I-D. Beginning on January 1, 2006, the department shall impose and collect the advance disposal fee. Fees shall be set by the director of health and may be changed as appropriate to meet the needs of the program.

(b) No county shall impose or collect any assessment or fee on new lead acid batteries or tires for the same or similar purpose that is the subject of this chapter.

§342I-C Importers of new lead acid batteries and tires; registration, recordkeeping requirements. (a) By September 1, 2006, all importers of new lead acid batteries operating within the state shall register with the department of health, using forms prescribed by the department, and shall notify the department of any change in address. After September 1, 2006, any person who desires to conduct business in this state as an importer of new lead acid batteries shall register with the department no later than one month prior to the commencement of business.

All importers of new tires shall be registered with the department of health as specified in subsection 342I-26(c).

(b) Notwithstanding subsection 342I-26(d), every importer shall keep and maintain records of new lead acid battery and tire imports for the previous three years. The records shall identify the type and quantity of each lead acid battery or tire imported. The records shall be made available, upon request, for inspection by the department; provided that any proprietary information obtained by the department shall be kept confidential and shall not be disclosed to any other person except:

§342I-D Deposit into environmental management special fund; distribution to counties. (a) Revenues generated from the advance disposal fee shall be deposited into a special account in the environmental management fund. Moneys from the special account shall be used to fund the used lead acid batteries and tires recovery programs established under section 342I-F; provided that no moneys shall be made available to a county unless the county has first submitted its formally adopted integrated solid waste management plan to the department of health for review. In the event of any surplus in the special account, the department shall recommend to the legislature a reduction in the fee as deemed necessary.

(b) The department shall distribute the moneys contained in the special account to the counties in proportion to the amount of new lead acid batteries and tires imported into each county, based upon the county's de facto population. The distribution shall be in the form of direct contracts with the department as permitted under chapters 103 and 103D or transfer of funds from the department.

(c) All moneys distributed to the counties under subsection (b), and not expended by the counties as specified in section 342I-F, shall be returned to the State for deposit into the environmental management special fund at the end of each fiscal year.

§342I-E Inventory reports and payment. (a) Payment of the advance disposal fee may be made quarterly by importers based on their inventory reports. Every importer shall submit to the department of health documentation in sufficient detail that identifies the number of new lead acid batteries or tires imported into the state and sold or distributed, by manufacturer or distributor, during the calendar year.

(b) The amount due from importers shall be the sum equal to the number of new lead acid batteries and tires reported quarterly according to subsection (a), multiplied by the advance disposal fee in section 342I-B. Payment shall be made by check or money order payable to the "Department of Health, State of Hawaii".

§342I-F County used lead acid batteries and tires recovery programs; requirements. (a) Each county shall establish a used lead acid batteries and tires recovery program. All county used lead acid batteries and tires recovery programs shall include some form of incentive to encourage participation by both recycling companies and the public.

(b) In addition, the programs may include but shall not be limited to:

§342I-G Contract for administrative services. The department of health may contract the services of a third party to administer the advance disposal fee program under this part.

§342I-H Rules. The department of health and the counties may adopt rules for purposes of this part."

SECTION 2. In codifying the new sections added by section 1 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 3. This Act shall take effect upon its approval.