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HB786
HOUSE OF REPRESENTATIVES
H.B. NO.
786
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to deposit beverage container recycling
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1
.
�
Section 342G-104, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:
����
"(b)
�
Moneys in the deposit beverage container
deposit special fund shall be used to reimburse refund values and pay handling
fees to redemption centers.
�
The
department may also use the money to:
����
(1)
�
Fund administrative, audit, and compliance
activities associated with collection and payment of the deposits and handling
fees of the deposit beverage container program;
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(2)
�
Conduct recycling education and demonstration
projects;
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(3)
�
Promote recyclable market development
activities;
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(4)
�
Support the handling and transportation of the
deposit beverage containers to end-markets;
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(5)
�
Hire personnel to oversee the implementation
of the deposit beverage container program, including permitting and enforcement
activities; [
and
]
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(6)
�
Provide grants to deploy reverse vending
machines in the State; and
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[
(6)
]
(7)
�
Fund associated office expenses."
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SECTION
2
.
�
Section 342G-113, Hawaii Revised Statutes, is
amended to read as follows:
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"
�342G-113
�
Redemption of empty deposit beverage containers.
�
(a)
�
[
Except
as provided in subsection (b), a
]
A
dealer shall:
����
(1)
�
Operate a redemption center by July 1, 2005,
and shall accept all types of empty deposit beverage containers with a Hawaii
refund value[
;
]
of the kind, size, and brand sold by the dealer;
����
(2)
�
Pay to the redeemer the full refund value for
all deposit beverage containers that bear a valid Hawaii refund value; and
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(3)
�
Ensure each deposit beverage container
collected is recycled, and forward documentation necessary to support claims
for payment as stated in section 342G-119 or rules adopted under this part.
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(b)
�
Subsection (a) shall not apply to any dealer:
���
[
(1)
�
Who is located in a high density population
area as defined by the director in rules, and within two miles of a certified
redemption center that is operated independently of a dealer;
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(2)
]
(1)
�
Who is located in a rural area as defined by rule;
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[
(3)
]
(2)
�
Who subcontracts with a certified redemption center to be operated on
the dealer's premises;
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[
(4)
]
(3)
�
Whose sales of deposit beverage containers are only via vending
machines;
or
���
[
(5)
]
(4)
�
Whose place of business is less than [
five thousand
]
square feet of interior space[
;
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(6)
�
Who can demonstrate physical or financial
hardship, or both, based on specific criteria established by rule; or
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(7)
�
Who meets other criteria established by the
director.
Notwithstanding paragraphs (1) and (2), the
]
.
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(c)
�
The
director may allow the placement of
redemption centers at greater than prescribed distances to accommodate
geographical features while ensuring adequate consumer convenience.
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[
(c)
]
(d)
�
Regardless of the square
footage of a dealer's place of business, dealers who are not redemption centers
shall post a clear and conspicuous sign at the primary public entrance of the
dealer's place of business that specifies the name, address, and hours of
operation of the closest redemption center locations.
����
[
(d)
�
If there is no redemption center within the
two-mile radius of a dealer due to the criteria described in subsection (b),
then the respective county and the State shall determine the need for a
redemption center in that area.
�
If a
redemption center is deemed necessary, then the State, with assistance from the
county, shall establish the redemption center with funding from the deposit
beverage container deposit special fund.
]
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(e)
�
Regional centers for the redemption of
refillable beverage containers may be established in addition to, but not as
substitutes for, the means established for the redemption of empty deposit
beverage containers prescribed in subsection (a).
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[
(e)
]
(f)
�
Businesses that sell deposit
beverages for on-premises consumption, such as hotels, bars, and restaurants,
shall collect used deposit beverage containers from the patron and either use a
certified redemption center for the collection of containers or become a
certified redemption center."
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SECTION
3.
�
(a)
�
The department of health shall establish a reverse vending machine pilot
program to provide grants to deploy reverse vending machines in the State.
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(b)
�
The department of health shall adopt rules
pursuant to chapter 91, Hawaii Revised Statutes, to establish standards for the
distribution of grants to deploy reverse vending machines under the reverse
vending machine pilot program.
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SECTION
4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 5.
�
This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Beverage
Dealers; Redemption Centers; Refillable Beverage Containers; Regional Centers;
Reverse Vending Machine Pilot Program; Department of Health
Description:
Repeals
certain exemptions for beverage dealers from the requirement to operate
redemption centers and amends the types of containers they must accept for
redemption.
�
Allows the establishment of
regional centers for the redemption of refillable beverage containers but not
as substitutes for dealers' means to receive deposit beverage containers.
�
Requires the Department of Health to
establish a reverse vending machine pilot program to use the Deposit Beverage
Container Deposit Special Fund to provide grants to deploy reverse vending
machines.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.