SB2997

SECTION 1. The legislature finds that minimum postconsumer recycled content requirements for beverage containers are needed to reduce waste, transition the State toward a circular economy, and encourage interest in recycling among deposit beverage distributors and glass container importers. The implementation of a minimum postconsumer recycled content requirement for beverage containers will divert waste from landfills and direct them to recycling, thus reducing waste. Therefore, the purpose of this Act is to establish minimum postconsumer recycled content requirements for beverage containers.

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

"Part . POSTCONSUMER RECYCLED CONTENT

§342G- Definitions. As used in this part:

"Beverage":

(1) Means:

(A) Beer, ale, or other drink produced by fermenting malt;

(B) Distilled spirits and mixed spirits;

(D) Tea and coffee drinks;

(E) Mineral water, soda water, and similar carbonated soft drinks;

(F) Water and flavored water; and

(G) Juices or other nonalcoholic drinks in liquid form,

intended for human or animal consumption, and in a quantity more than or equal to two fluid ounces and less than or equal to one gallon; and

(2) Does not include:

(A) A liquid that is a syrup, in a concentrated form, or typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments;

(B) A liquid that is a drug, medical food, or infant formula as defined by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);

(C) A single serving of one ounce or less of a dietary supplement as defined in the Dietary Supplement Health and Education Act of 1994 (P.L. 103-417);

(D) A liquid that the department finds to be the sole item of a meal or diet;

(E) Products frozen at the time of sale to the consumer, or, in the case of institutional users such as hospitals and nursing homes, at the time of sale to the users;

(F) Products designed to be consumed in a frozen state;

(G) Instant drink powders;

(H) Seafood, meat, or vegetable broths, or soups, but not juices; and

(I) Milk and all other dairy-derived products, except tea and coffee drinks with trace amounts of these products.

"Beverage container":

(1) Means:

(A) A deposit glass beverage container as defined in section 342G-81;

(B) A deposit beverage container as defined in section 342G-101; or

(C) A bottle or other rigid container that is comprised of glass, aluminum, bimetal, or one or multiple plastic resins, including polyethylene terephthalate and high-density polyethylene; contains a beverage; and is capable of maintaining its shape when empty; and

(2) Does not include:

(A) Bladders or pouches that contain wine; and

(B) Rigid containers or bottles that are medical devices, medical products that are required to be sterile, prescription medicine, and packaging used for those products.

"Deposit beverage distributor" has the same meaning as in section 342G-101.

"Glass container importer" has the same meaning as in section 342G-81.

"Postconsumer recycled content" means the content of a product that is made of recycled materials derived specifically from recycled material generated by households or by commercial, industrial, or institutional facilities in their role as end users of the product and that can no longer be used for its intended purpose, including returns of material from the distribution chain.

§342G- Postconsumer recycled content; requirements; enforcement. (a) Deposit beverage distributors, glass container importers, and distributors or importers of beverage containers that sell, offer for sale, or distribute beverage containers in the State shall meet minimum postconsumer recycled content as required by this section.

(b) A deposit beverage distributor, glass container importer, or distributor or importer of beverage containers that sells, offers for sale, or distributes beverage containers in or into the State shall meet the following annual minimum postconsumer recycled content on average for the total quantity of beverage containers that are sold, offered for sale, or distributed in the State:

(1) No less than fifteen per cent postconsumer recycled content by weight by December 31, 2026;

(2) No less than twenty-five per cent postconsumer recycled content by weight by December 31, 2031; and

(3) No less than fifty per cent postconsumer recycled content by weight on and after January 1, 2032.

(1) Adjusting the minimum postconsumer recycled content percentage required pursuant to this section;

(2) Reporting requirements by deposit beverage distributors, glass container importers, and distributors or importers of beverage containers subject to this part;

(3) Providing penalties or fees; and

(4) Any other matters as may be necessary in order to implement this part."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2997
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII