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THE SENATE |
S.B. NO. |
960 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO public PROCUREMENT.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 103D, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§103D- Beverages in plastic bottles or rigid plastic
containers; prohibition on using state funds to purchase. (a)
Notwithstanding sections 103D-102(b)(3),
(b)(4)(H), and (b)(4)(L), and 103D-305 to the contrary, no state agency shall use
state funds for the purchase of beverages packaged in plastic bottles or rigid plastic
containers except for purchases:
(1) For public
health and safety preparedness, emergency response, investigations, or extended
deployments or activations of the:
(A) Office
of hazard evaluation and emergency response of the department of health;
(B) Department
of defense; or
(C) Department
of land and natural resources;
(2) Made in response
to circumstances in which there is a high risk of cross-contamination with non-potable
or contaminated water;
(3) Related to the licensed
blind vendor program, including purchases made from the Randolph-Sheppard revolving
account or other funds in support of the blind vendor program;
(4) Of potable
water by the department of land and natural resources for wildland firefighters
of the division of forestry and wildlife;
(5) For which there
are no reasonable alternatives to beverages in plastic bottles or rigid plastic
containers, such as large public events or circumstances in which large quantities
of beverages are to be distributed for health and safety reasons; and
(6) Of an incidental
nature in which only a single serving beverage is being purchased for immediate
consumption.
(b) For
the purposes of this subsection:
"Plastic bottle" shall have the same
meaning as in section 342H-41.
"Rigid plastic container" shall have
the same meaning as in section 342H-41.
"State agency" means any department,
commission, council, board, bureau, authority, institution, legislative body, agency,
committee, government corporation, or other establishment or office of the executive,
legislative, or judicial branch of the State, including the office of Hawaiian affairs.
"State funds" means any moneys appropriated
to or authorized to be expended by a state agency. "State funds" shall be construed broadly
to include any moneys from any fund from which a state agency may make expenditure,
whether the fund is within or outside of the state treasury."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2021.
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INTRODUCED BY: |
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Report Title:
Procurement Code; Government Purchases; Plastic Containers; Prohibition
Description:
Prohibits the expenditure of state funds by state agencies for the purchase of beverages in plastic bottles or rigid plastic containers, except under certain circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.