HB1406

SECTION 1. The legislature finds that a majority of the road and highway surfaces in the State are made of asphalt pavement, a mixture that consists primarily of aggregate (small rocks, sand, gravel), asphalt cement or binder (liquid petroleum product), and other substances. According to the United States Department of Transportation, Federal Highways Division, Office of Infrastructure, asphalt is the single most recycled material in the world. Recycling of asphalt pavement has proven to be a cost-effective method of pavement rehabilitation. When properly selected, all the different types of recycling methods are usually cheaper than the conventional rehabilitation methods because of the savings realized as a result of requiring fewer virgin materials. In Hawaii, there are additional cost and carbon savings associated with the reduced need to import raw and virgin materials.

The legislature further finds that according to the National Asphalt Paving Association, in 2021, approximately 2,600,000 metric tons of carbon dioxide equivalent was spared from the atmosphere through using reclaimed asphalt pavement in new mixtures, 94,600,000 tons of reclaimed asphalt pavement was recycled into new mixes, ninety-five per cent of asphalt mixture was reclaimed from old asphalt pavements and put back to use in new pavements, 630,000 tons of recycled asphalt shingles were put into asphalt mixes, and 26,000,000 barrels of virgin asphalt binder was replaced by recycled binder from reclaimed asphalt pavement and recycled asphalt shingles.

The legislature also finds that the State could do more to incorporate a circular asphalt model into its practices through requiring a maximized rate of recycling reclaimed asphalt pavement into new asphalt mixtures and further, by requiring proper storage, stockpiling, and disposal of old asphalt that is not immediately recycled or that is deemed non-recyclable, so as to reduce instances of the indiscriminate incorporation of old asphalt into the environment. Additionally, because petroleum is a base ingredient in asphalt pavement, extra caution should be taken when managing the use of this material to prevent harm to health and the environment.

Accordingly, the purpose of this Act is to:

(1) Require public and private entities, including the State, the counties, and their contractors to recycle at least per cent of old asphalt into new asphalt when executing a paving project greater than square yards;

(2) Require public and private entities, including the State, the counties, and their contractors to dispose of old asphalt as a landfill cover only after making the determination that recycling is not possible;

(3) Require the department of transportation to set standard best management practices for paving projects requiring all asphalt processing, stockpiling, and disposal procedures to be explicitly prohibitive of the distribution and incorporation of old asphalt into the environment; and

(4) Require the department of health, to either:

(A) Designate a site on each island where unused old asphalt can be safely and securely stored for future use in new pavement, not to be located in areas known to flood; or

(B) Develop a centralized state processing and storage facility to serve as a repository for all excess old asphalt unable to be recycled in place.

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

"§342H-A Failure to recycle asphalt. (a) Any person, including the State, the counties, and their contractors, who executes a paving project greater than square yards and who removes asphalt as part of that project shall recycle not less than per cent of the planed asphalt pavement; provided that a person may dispose of the planed asphalt pavement through application as landfill cover only after:

(1) Making a determination that recycling or reusing the planed asphalt pavement is not possible; and

(2) Complying with rules adopted by the department of transportation pursuant to section 342H-B(a)(3).

(b) Any person who violates subsection (a) shall be subject to an administrative fine as follows:

(1) For a first violation or a violation beyond five years of a previous violation, a fine of not more than $ ;

(2) For a second violation within five years of a previous violation, by a fine of not more than $ ; and

(3) For a third or subsequent violation within five years of the last violation, by a fine of not more than $ .

§342H-B Asphalt recycling and storage. (a) The department of transportation, in consultation with the department, shall adopt rules pursuant to chapter 91:

(1) Establishing best practices for paving projects;

(2) Requiring that all asphalt processing, stockpiling, and disposal procedures prohibit distribution and incorporation of planed asphalt pavement into the environment; and

(3) Establishing standards, procedures, and certifications for disposal of planed asphalt pavement through application as landfill cover for planed asphalt pavement that cannot be recycled.

(b) The department shall:

(1) Designate not less than one site on each island with a population of greater than one thousand where planed asphalt pavement can be safely and securely stored for future use in new pavement; provided that the locations shall not be in any area prone to flooding; or

(2) Develop a centralized state processing and storage facility to serve as a repository for all excess planed asphalt pavement unable to be recycled in place."

SECTION 3. Section 342H-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Planed asphalt pavement" means asphalt and included aggregates removed from a road, driveway, or other location on the ground."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. In codifying the new sections added by section 2 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 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that section 2 shall take effect on January 1, 2024.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1406
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII