SB1039

PART I

SECTION 1. There is established within the office of the attorney general, an environmental crimes unit. The environmental crimes unit shall be a cooperative effort between the office of the attorney general and the department of health to investigate and prosecute environmental crimes that pose substantial risks to the environment and public health.

The environmental crimes unit shall investigate and prosecute violations of laws relating to air and water quality, solid and hazardous waste, underground storage tanks, pesticides, and restricted or regulated chemicals; and related regulatory requirements.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment and operation of the environmental crimes unit established pursuant to section 1 of this Act.

The sums appropriated shall be expended by the department of health for the purposes of this Act.

PART II

SECTION 3. Section 342I-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Department" means the department of health.

"Director" means the director of health."

SECTION 4. Section 342I-22, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342I-22[]] Motor vehicle tires; disposal in landfill or municipal solid waste incinerator prohibited[.]; criminal penalties. (a) No person shall place a whole motor vehicle tire in mixed municipal solid waste, or shall discard or otherwise dispose of a motor vehicle tire except by delivery to any motor vehicle tire retailer, tire wholesaler, or to an authorized tire collection or authorized tire recycler.

(b) No motor vehicle tire retailer shall dispose of a motor vehicle tire except by delivery to the agent of a motor vehicle tire wholesaler or to a motor vehicle tire manufacturer, or to an authorized motor vehicle tire recycler.

(d) [~~For each violation of this section a violator shall be subject to the penalties and remedies provided under sections 342H-9 Penalties; 342H-10 Administrative penalties; and 342H-11 Injunctive relief.~~] Notwithstanding any other law to the contrary, and except where a variance is granted by the director pursuant to subsection (e), any person who intentionally, knowingly, or recklessly violates this section or any rules adopted pursuant to this section shall be guilty of a petty misdemeanor, and upon conviction, shall be subject to one or any combination of the following:

(1) A fine of not more than $25,000 for each separate offense;

(2) Imprisonment of not more than thirty days for each offense; or

(3) Revocation or suspension by court order of any permits issued by the department pursuant to chapter 342H.

Each day of violation shall constitute a separate offense. Each fine collected for a violation of this section shall be distributed to the authorized agency that enforced the prohibition under which the fine was imposed.

(e) Variances to these provisions may be granted by the director based on written requests submitted by a permitted disposal facility."

PART III

SECTION 5. Chapter 342I, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342I-A Motor vehicle tire surcharge; establishment. (a) There is established a motor vehicle tire surcharge on every replacement tire installed on a motor vehicle in the State after September 30, 2023. The motor vehicle tire surcharge shall be $1 per tire. The surcharge shall be paid by the tire retailer or tire wholesaler who installs a replacement tire pursuant to section 342H-28.

(b) Revenues generated from the motor vehicle tire surcharge shall be deposited into a special account in the environmental management special fund and used by the department pursuant to section 342I-29.

(c) As used in this section, "replacement tire" means any tire installed on a motor vehicle as a replacement for a worn or used tire."

SECTION 6. Section 342I-28, Hawaii Revised Statutes, is amended to read as follows:

"§342I-28 Tire inventory records [~~and~~]; payment[.] of motor vehicle tire surcharge. (a) Payment of the motor vehicle tire surcharge established in section 342I-A shall be made quarterly based on inventory records of the [~~importers except for those importers subject to subsection (c) or (d).~~] tire retailer or tire wholesaler. The dates September 30, December 31, March 31, and June 30 represent the end of each quarter period. All [~~importers~~] tire retailers or tire wholesalers shall submit to the department documentation in sufficient detail that identifies the number of tires [~~imported into~~] replaced in the State during the previous quarter.

(b) The amount due from the [~~importers~~] tire retailers or tire wholesalers for the quarter shall be equal to the number of tires [~~provided~~] replaced in subsection (a) multiplied by the motor vehicle tire surcharge of $1. Payment shall be made by check or money order payable to the Department of Health, State of Hawaii and shall be deposited into the environmental management special fund as provided in section 342I-29. All subsequent inventory reports and payments shall be made no later than the last day of the month following the end of the previous calendar quarter[~~, except for those importers subject to subsection (c) or (d).~~

~~(c) An importer who imports fewer than fifty tires within a one-year period shall be exempt from payment of the surcharge.~~

(d) An importer who imports fifty or more tires, but fewer than or equal to two hundred tires, or a motor vehicle rental company shall be permitted to provide a report and payment of the surcharge annually, with year ending December 31]."

SECTION 7. Section 342I-29, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342I-29[]] Deposit into environmental management special fund. The surcharge collected pursuant to this part shall be deposited into a special account in the environmental management special fund established by section 342G-63. All interest earned or accrued on moneys deposited in the fund pursuant to this section shall become part of the account. Moneys from this special account may be used by the department to:

(1) Support permitting, monitoring, and enforcement activities, including personnel costs regarding used tire management, collection, recycling, and disposal facilities;

(2) Promote improved market development and reuse opportunities for recovered motor vehicle tires;

(3) Promote tire recovery, recycling, and reuse in the State through education, research, and demonstration projects;

(4) Implement the surcharge program under this part;

(5) Support programs to prevent illegal dumping; [~~and~~]

(6) Clean up improper tire disposal sites including conducting related environmental assessments and remediation[.]; and

(7) Fund the environmental crimes unit."

PART IV

SECTION 8. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1039
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII