Transfers deposit beverage container program to the counties upon passage of appropriate ordinances. Repeal deposit beverage container fee.

A BILL FOR AN ACT

SECTION 1. The legislature finds that the deposit beverage container program seeks, among other things, to address the landfill problem and to increase recycling efforts in our state. The legislature also finds that the city and county of Honolulu is attempting to start a curbside-recycling program to increase recycling efforts within the county. It is foreseeable that other counties may attempt to follow this model to deal with future landfill and recycling issues.

Due to the overlap of landfill and recycling issues, the legislature further finds that the deposit beverage container program could be part of a larger recycling program and a component of dealing with landfill issues. Transferring the program to the county level may provide a synergy that will help successfully resolve each of the issues. The purpose of this Act is to transfer the deposit beverage container program to the counties upon the counties passing ordinances to effect such a transfer.

SECTION 2. All rights, powers, functions, and duties of the department of health with respect to the deposit beverage container program are transferred to the counties.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 3. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of health relating to the functions of the deposit beverage container program transferred to a county by this Act shall be transferred with the functions to which they relate.

SECTION 4. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of health pursuant to the provision of the Hawaii Revised Statutes, which are reenacted or made applicable to the counties by this Act, shall remain in full force and effect. As of the effective date of this Act, every reference to the department of health shall be construed as a reference to the appropriate county agency.

SECTION 5. In enacting ordinances to effect the transfer of the deposit beverage container program to the counties, the counties shall be allowed to charge a beverage container deposit of up to five cents per container. The ordinance shall also include a refund value equal to the deposit. The counties shall not be allowed to charge any additional fees.

SECTION 6. The moneys residing within the deposit beverage container deposit special fund shall be divided amongst the counties based upon their de facto population on July 1, 2005, and deposited into their respective special funds responsible for funding their deposit beverage container program.

SECTION 7. All bars and restaurants who have a recycling program in place as of the effective date of this Act shall be exempt from all requirements of a county deposit beverage container program allowed by this Act. Evidence of such a program shall be submitted to the county agency responsible for operating a deposit beverage container program in order to qualify for an exemption.

SECTION 8. Chapter 342G, part VIII, is repealed.

SECTION 9. Except for section 5 of this Act, this Act shall take effect 30 days after the last of each of the counties passes legislation effecting the transfer of the deposit beverage container program to their respective county, including the agency responsible for operation of the program and establishment of a fund where the purpose is the same as that of the deposit beverage container special fund. Section 5 of this Act shall take effect upon approval.