SB2368

SECTION 1. The legislature finds that the State is committed to reducing waste and conserving resources through advancing source reduction, reuse, and recycling. However, additional resources, facilities, and services are needed to achieve resource conversation and waste reduction targets.

The legislature further finds that other states have adopted legislation to require producers of packaging and single-use products to take on the responsibility of ensuring that services are available to reclaim and recycle products when they reach the end of their useful life. While the producers of packaging and single-use products sold and distributed in the State must take responsibility for managing those materials, there is a need to engage and consult with existing recycling system stakeholders to better understand the impact that such legislation would have on the existing waste and recycling infrastructure. Furthermore, assessing the possible adoption of producer responsibility legislation for packaging and single-use products could further advance the State's resource and conservation objectives.

The purpose of this Act is to require and appropriate funds for the department of health to conduct a statewide needs assessment to inform the future establishment of an extended producer responsibility program for packaging waste.

SECTION 2. (a) The department of health shall conduct a statewide needs assessment to inform the future establishment of an extended producer responsibility program for packaging waste. The assessment shall be conducted in collaboration with the following stakeholders:

(1) Each county department responsible for waste management;

(2) Recycling service providers;

(3) Packaging and single-use product producers;

(4) Retailers;

(5) Haulers; and

(6) Organizations and community groups involved with waste management and waste reduction;

provided that additional stakeholders may be included as deemed necessary and relevant.

(b) The needs assessment shall detail the resources needed to reduce each respective county's packaging waste that the county sends to a landfill or power plan that burns municipal solid waste as fuel. Additionally, the needs assessment shall consider the following:

(1) Waste and recycling characterizations, including:

(A) Baseline studies of what is in the waste stream, what is being recycled, and how these vary across local jurisdictions; and

(B) Whether an extended producer responsibility program in the State should address a broader waste stream than just packaging waste;

(2) Existing collection infrastructure, including:

(A) What materials are being collected and the processes and procedures for collection;

(B) How collection services are arranged and funded; and

(3) Processing and materials recovery facility infrastructure, including:

(A) How collected materials are currently being processed and marketed;

(B) Whether the sorting technology is up-to-date; and

(4) Markets, including the state of markets for recovered materials;

(5) Education, including the effectiveness of the existing outreach in educating residents;

(6) Levels of contamination in collected materials;

(7) An evaluation of how extended producer responsibility program laws are designed and working in other states and countries;

(8) Equity and environmental justice, including

(A) Consideration for how the existing system is operating and how extended producer responsibility could improve this; and

(B) An assessment of equity issues in education efforts;

(9) Economic impact, including estimates in job development from increased recycling;

(10) Environmental benefits from increased recycling; and

(11) How extended producer responsibility can promote upstream improvement such as source reduction, reuse, and refill practices.

(c) The department of health shall complete and submit the needs assessment, including any proposed legislation, to the legislature by December 31, 2024.

(d) For the purposes of this section, "packaging waste" means the part of solid waste that consists of packaging and packaging material, including plastic food containers; liquid containers made of plastic, glass, aluminum, or steel; flexible plastic containers; plastic film; cardboard; paperboard; and paper.

SECTION 3. 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 2024-2025 for the department of health to conduct a statewide needs assessment to inform the future establishment of an extended producer responsibility program pursuant to section 2 of this Act.

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

SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 5. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2368
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII