HB1960

Report Title:

Advance Disposal Fee; New and Used Lead Acid Batteries and Tires

Description:

Requires importers of new lead acid batteries and tires to pay an advance disposal fee to strengthen current disposal and recycling efforts; requires counties to establish used lead acid batteries and tires recovery programs.

HOUSE OF REPRESENTATIVES	H.B. NO.	1960
TWENTY-THIRD LEGISLATURE, 2006
STATE OF HAWAII

A BILL FOR AN ACT

relating to special wastes disposal recycling.

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

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

"Part . used Lead acid batteries and tires recovery program

§342I-A Definitions. As used in this part, unless the context requires otherwise:

"Import" means to buy, bring, or accept delivery of new lead acid batteries or tires from an address, supplier, or any entity outside of the state.

"Importer" means any person who imports new lead acid batteries or tires from outside the state for sale or use within the state.

"Incentive" means an incentive paid to recyclers for the recycling of used lead acid batteries or tires. The incentives may be structured to include but not be limited to the costs of collection and processing and a "buy back" incentive to increase participation by recycling companies and the public.

"Tire" means "motor vehicle tire" as defined in section 342I-21.

"Used lead acid batteries and tires recovery program" means a program for the recovery of used lead acid batteries and tires, including but not limited to their collection, recycling, or reuse.

§342I-B Advance disposal fee. (a) An advance disposal fee shall be paid on every new lead acid battery and tire imported into the state. The fee shall be imposed only once on each new lead acid battery or tire and shall be paid quarterly to the department of health for deposit into the environmental management special fund established by section 342G-63. Beginning on January 1, 2007, the department shall impose and collect the advance disposal fee. Fees shall be set by the director of health and may be changed as appropriate to meet the needs of the program.

(b) No county shall impose or collect any assessment or fee on new lead acid batteries or tires for the same or similar purpose that is the subject of this chapter.

§342I-C Importers of new lead acid batteries and tires; registration; recordkeeping requirements. (a) By September 1, 2007, all importers of new lead acid batteries operating within the state shall register with the department of health, using forms prescribed by the department, and shall notify the department of any change in address. After September 1, 2007, any person who desires to conduct business in this state as an importer of new lead acid batteries shall register with the department no later than one month prior to the commencement of business.

All importers of new tires shall be registered with the department of health as specified in subsection 342I-26(c).

(b) Notwithstanding subsection 342I-26(d), every importer pursuant to this part shall keep and maintain records of new lead acid battery and tire imports for the previous three years. The records shall identify the type and quantity of each lead acid battery or tire imported. The records shall be made available, upon request, for inspection by the department; provided that any proprietary information obtained by the department shall be kept confidential and shall not be disclosed to any other person except:

(1) As may be reasonably required in an administrative or judicial proceeding to enforce any provision of this part or any rule adopted pursuant to this part; or

(2) Under an order issued by a court or administrative agency hearing officer.

§342I-D Deposit into environmental management special fund; distribution to counties. (a) Revenues generated from the advance disposal fee shall be deposited into the respective used-tire or used-battery special accounts within the environmental management special fund established by section 342G-63. Moneys from the special accounts within the environmental management special fund shall be used to fund the used lead acid batteries and tires recovery programs established in this part under section 342I-F; provided that no moneys shall be made available to a county unless the county has first submitted its formally adopted integrated solid waste management plan to the department of health for review as provided in chapter 342G. In the event of any surplus in the special fund, the department shall recommend to the legislature a reduction in the fee as deemed necessary.

(b) The department shall distribute the moneys contained in the special fund to the counties in proportion to the amount of new lead acid batteries and tires imported into each county, based upon the county's population. The distribution shall be in the form of direct contracts with the department as permitted under chapters 103 and 103D or transfer of funds from the department.

(c) All moneys distributed to the counties under subsection (b), and not expended by the counties as specified in section 342I-F, shall be returned to the State for deposit into the environmental management special fund at the end of each fiscal year.

§342I-E Inventory reports and payment. (a) Payment of the advance disposal fee may be made quarterly by importers based on their inventory reports. Every importer shall submit to the department of health documentation in sufficient detail that identifies the number of new lead acid batteries or tires imported into the state and sold or distributed, by manufacturer or distributor, during the calendar year.

(b) The amount due from importers shall be the sum equal to the number of new lead acid batteries and tires reported quarterly according to subsection (a), multiplied by the advance disposal fee in section 342I-B. Payment shall be made by check or money order payable to the "Department of Health, State of Hawaii".

§342I-F County used lead acid batteries and tires recovery programs; requirements. (a) Each county shall establish a used lead acid batteries and tires recovery program. All county used lead acid batteries and tires recovery programs shall include some form of incentive to encourage participation by both recycling companies and recyclers.

(b) The programs may include but shall not be limited to:

(1) Funding of the collection and processing of used lead acid batteries and tires either through existing county agencies or through external contracts for services;

(2) Subsidizing the transportation of used lead acid batteries and tires to out-of-state markets;

(3) The development of collection facilities or the provision of containers for used lead acid batteries and tires;

(4) Additional research and development programs, including grants to private sector entrepreneurs, especially those activities developing alternative uses for used lead acid batteries or tires; and

(5) Public education and awareness programs focusing on the disposal and recycling of used lead acid batteries and tires.

§342I-G Contract for administrative services. The department of health may contract the services of a third party to administer the advance disposal fee program under this part.

§342I-H Rules. The department of health and the counties may adopt rules for purposes of this part."

SECTION 2. Section 342G-63, Hawaii Revised Statutes, is amended to read as follows:

"§342G-63 Establishment of the environmental management special fund. (a) There is created in the state treasury an environmental management special fund. The fund may receive legislative appropriations, grants and gifts.

(b) All moneys collected pursuant to section 342G-62 shall be deposited into the environmental management special fund. All interest earned or accrued on moneys deposited into the fund shall become a part of the fund.

(1) Partially fund the operating costs of the program including its regulatory functions and the development of waste reduction and diversion activities as mandated by chapter 342G;

(2) Fund statewide education, demonstration, and market development programs, through direct contract or direct transfer of funds to the counties and the department of business, economic development, and tourism, or under a grant program that may be developed under rules pursuant to chapter 91; and

(3) Provide for annual training for municipal solid waste operators in compliance with 40 Code of Federal Regulations Part 258 and chapter 11-58, Hawaii Administrative Rules.

(d) There is established within the environmental management special fund the following special accounts for:

(1) Advance disposal fee for used tires as provided in section 342I-B; and

(2) Advance disposal fee for used batteries as provided in section 342I-B."

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________