HB1085

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

"§342G- Adoption of program by county. (a) Any county may adopt an ordinance to assume the authority and duties of the department with regard to sections 342G-106, 342G-109, 342G-114, 342G-117, 342G-119, 342G-120, and 342G‑121.

(b) Any county that adopts an ordinance pursuant to subsection (a) shall be entitled to the moneys in its corresponding subaccount established pursuant to section 342G‑104(a) no less than quarterly.

(c) The department shall disclose any relevant information submitted to the department pursuant to this part to any county that adopts an ordinance pursuant to subsection (a). All confidential information submitted to the department and disclosed to any county shall be treated as confidential by the county and protected to the extent allowed by law.

(d) Funds accepted by a county pursuant to subsection (b) shall be expended to reimburse refund values and pay handling fees to redemption centers. A county may also expend the funds to:

(1) Fund administrative, audit, and compliance activities associated with collection and payment of the deposits and handling fees of the deposit beverage container program;

(2) Conduct recycling education and demonstration projects;

(3) Promote recyclable market development activities;

(4) Support the handling and transportation of the deposit beverage containers to end-markets;

(5) Hire personnel to oversee the implementation of the deposit beverage container program, including permitting and enforcement activities; and

(6) Fund associated office expenses.

Unencumbered funds at the end of each fiscal year may be expended by the county for the benefit of department of education schools within the county."

SECTION 2. Section 342G-102, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) No county shall impose or collect any assessment or fee on deposit beverage containers for the same or similar purpose that is the subject of this chapter[.] unless it has adopted an ordinance pursuant to section 342G- ."

SECTION 3. Section 342G-104, Hawaii Revised Statutes, is amended to read as follows:

"§342G-104 Deposit into deposit beverage container deposit special fund; subaccounts; use of funds. (a) There is established in the state treasury the deposit beverage container deposit special fund, [~~into which~~] within which shall exist four separate subaccounts, representing one subaccount for each county. Into each subaccount shall be deposited:

(1) All revenues generated from the deposit beverage container fee as described under sections 342G-102 and 342G-105[;] from that county;

(2) All revenues generated from the deposit beverage container deposit as described under sections 342G-105 and 342G-110[;] from that county; and

(3) All accrued interest from [~~the fund.~~] that subaccount.

(b) Moneys in the deposit beverage container deposit special fund subaccounts shall be used to reimburse refund values and pay handling fees to redemption centers[.] in that county. The department may also proportionately use the money in the subaccounts of any county that has not adopted an ordinance pursuant to section 342G- to:

(1) Fund administrative, audit, and compliance activities associated with collection and payment of the deposits and handling fees of the deposit beverage container program;

(2) Conduct recycling education and demonstration projects;

(3) Promote recyclable market development activities;

(4) Support the handling and transportation of the deposit beverage containers to end-markets;

(5) Hire personnel to oversee the implementation of the deposit beverage container program, including permitting and enforcement activities; and

(6) Fund associated office expenses[.],

In any county that has not adopted an ordinance pursuant to section 342G- .

(c) [~~Any~~] Except as provided in section 342G- (d), any funds that accumulate in the deposit beverage container deposit special fund subaccounts shall be retained in the fund unless determined by the legislature to be in excess."

SECTION 4. Section 342G-111, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Each deposit beverage distributor shall generate and submit to the department a monthly report on the net number of deposit beverage containers sold, donated, or transferred by container size and type[.] in each county. All information contained in the reports, including confidential commercial and financial information, shall be treated as confidential and protected to the extent allowed by state law."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1085
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII