THE SENATE	S.B. NO.	2302
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 1
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 be distributed to high schools in the area of the landfill and to the environmental response revolving fund.

     SECTION 2.  Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§342H-  Community giveback fee; disposition. (a)  There shall be assessed a community giveback fee on any person who is penalized for a violation of any provision of this chapter, in addition to any other penalties that may be assessed for a violation of this chapter.  The community giveback fee shall be not more than $           per penalty; provided that twenty-five per cent of the amount of the penalty shall be deposited into a separate account of the general fund for distribution by the department of education in equal amounts to every high school within a ten mile radius of the landfill which incurred the penalty; and the remaining fees collected shall be deposited into the environmental response revolving fund."

     SECTION 3.  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[,] and section 342H-  , fines, fees, and penalties collected under sections 342H-9 [and], 342H-10, and 342H-   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 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.

Report Title:

Health; Counties; Community Giveback Fee

Description:

Creates a community giveback fee to be assessed against solid waste violators.  Requires State to distribute the fee into the environmental response revolving fund after deducting twenty-five per cent for distribution to high schools within a ten mile radius of the penalized landfill.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.