SB2302.DOC

THE SENATE	S.B. NO.	2302
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO solid waste pollution.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that communities in which are located landfills and other disposal sites bear a disproportionately heavy burden in meeting community needs. The legislature further finds that violators of environmental health laws need to be responsible to help those communities they harm by paying an additional penalty.

The purpose of this Act is to create a community giveback fee to help groups perform activities and services for the greater good of their communities.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Community giveback fee; disposition. (a) The county shall deposit the community giveback fees collected and transferred by the State pursuant to section 342H-10 into the general fund of the county. The county shall distribute the moneys to one or more nonprofit organizations located in the affected community. The nonprofit organization shall use the moneys as follows:

(1) Retain an administrative fee of not more than $ or per cent of the community giveback fees distributed to the nonprofit organization for the fiscal year, whichever is less; and

(2) Distribute the remaining sum to community groups, whether nonprofit or not, that are engaged in any type of community activity or community service for the betterment of the community.

(b) The county shall develop and adopt the necessary procedures to implement this section in accordance with the county charter and ordinances."

SECTION 3. Section 342H-10, Hawaii Revised Statutes, is amended to read as follows:

"§342H-10 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter, the director is authorized to impose by order the penalties specified in this section and in section 342H-9(a) and (b)."

(b) Factors to be considered in imposing an administrative penalty include:

(1) The nature and history of the violation and of any prior violations;

(2) The economic benefit, if any, resulting from the violation;

(3) The opportunity, difficulty, and history of corrective action;

(4) Good faith efforts to comply; and

(5) Any other matters that justice may require.

(c) It is presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary shall be on the violator.

(d) There shall be assessed a community giveback fee on any person who is penalized under this section. The community giveback fee shall be not more than $ per penalty, to be deposited into the general fund then transferred by the State to the county in which the violation occurred.

The distribution by the county of the community giveback fee shall be in accordance with section 46- ."

SECTION 4. Section 342H-10.5, Hawaii Revised Statutes, is amended to read as follows:

"§342H-10.5 Disposition of collected fines and penalties. Except as otherwise provided in this section, fines and penalties collected under sections 342H-9 and 342H-10, except as otherwise provided under section 342H-10 with regard to the community giveback fee, shall be deposited into the environmental response revolving fund established by section 128D-2. Where a county individually, or the State and a county jointly, initiates and conducts an investigation resulting in the imposition and collection of a fine or penalty, pursuant to section 342H-30(c), the fine or penalty shall be distributed as follows:

(1) One half to the department of the county whose officers or employees initiated and conducted the investigation; and

(2) One half to the environmental response revolving fund established in section 128D-2."

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________