Hawaii 2013 bill text

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 342G-81, Hawaii Revised Statutes, is amended by amending the definitions of "deposit glass beverage container" and "glass recovery program" to read as follows:

     ""Deposit glass beverage container" means:

     (1)  The individual, separate, sealed, glass container used for containing, at the time of import, [sixty-eight] one hundred twenty-eight fluid ounces or less of a beverage; or

     (2)  The empty, individual, separate glass container that will be filled with [sixty-eight] one hundred twenty-eight fluid ounces or less of a beverage and sealed in this State, so that these glass beverage containers will be subject to part VIII.

     "Glass recovery program" means a program for glass recovery and reuse for purposes including but not limited to:

     (1)  Glass container reuse or recycling whereby containers are refilled, processed for shipment out of the State, or crushed into aggregate substitute; [and]

     (2)  Use in roadway materials or concrete as provided in this part[.]; and

     (3)  Use in building materials."

     SECTION 2.  Section 342G-82, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Every glass container importer shall pay to the department an advance disposal fee.  The fee shall be imposed only once on the same glass container and shall not be assessed on drinking glasses, cups, bowls, plates, ashtrays, and similar tempered glass containers.  For the period beginning September 1, 1994, the fee shall be one and one-half cents per glass container.  Beginning October 1, 2004, the glass advance disposal fee shall only apply to glass containers that are not [glass] deposit glass beverage containers."

     SECTION 3.  Section 342G-101, Hawaii Revised Statutes, is amended by amending the definitions of "deposit beverage" and "deposit beverage container" to read as follows:

     ""Deposit beverage" means beer, ale, or other drink produced by fermenting malt, spirits, mixed spirits, wine, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, milk and all other diary-derived products, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container.

     The term "deposit beverage" excludes the following:

     (1)  A liquid which is:

         (A)  A syrup;

         (B)  In a concentrated form; or

         (C)  Typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments;

     (2)  A liquid which 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.);

     (3)  A liquid which is designed and consumed only as a dietary supplement and not as a beverage as defined in the Dietary Supplement Health and Education Act of 1994 (P.L. 103-417);

     (4)  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;

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

     (6)  Instant drink powders; and

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

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

     "Deposit beverage container" means the individual, separate, sealed glass, polyethylene terephthalate, high density polyethylene, or metal container less than or equal to [sixty-eight] one hundred twenty-eight fluid ounces, used for containing, at the time of sale to the consumer, a deposit beverage intended for use or consumption in this State."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on January 1, 2014.

SB1133:

First Amended Version

The following text was found at http://www.capitol.hawaii.gov/session2013/bills/SB1133_SD1_.htm
This bill is the companion to HB902, found at http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=902&year=2013

The text here is from SB1133 SD1 (the first amended version)
See below for the final engrossed version.

RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act is to include energy and dietary supplement beverage containers in the deposit beverage container program.

     SECTION 2.  Section 342G-1, Hawaii Revised Statutes, is amended by amending the definition of "deposit beverage" to read as follows:

     ""Deposit beverage" means beer, ale, or other drink produced by fermenting malt, mixed spirits, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container.

     The term "deposit beverage" excludes the following:

     (1)  A liquid [which] that is:

         (A)  A syrup;

         (B)  In a concentrated form; or

         (C)  Typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments;

     (2)  A liquid [which] that is ingested in very small quantities and which is consumed for medicinal purposes only;

    [(3)  A liquid which is designed and consumed only as a nutritional dietary supplement as defined in the Dietary Supplement Health and Education Act of 1994 (P.L. 103-417) and not as a beverage;

     (4)] (3)  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;

    [(5)] (4)  Products designed to be consumed in a frozen state;

    [(6)] (5)  Instant drink powders;

    [(7)] (6)  Seafood, meat, or vegetable broths, or soups, but not juices; and

    [(8)] (7)  Milk and all other dairy-derived products, except tea and coffee drinks with trace amounts of these products."

     SECTION 3.  Section 342G-101, Hawaii Revised Statutes, is amended by amending the definition of "deposit beverage" to read as follows:

     ""Deposit beverage" means beer, ale, or other drink produced by fermenting malt, mixed spirits, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container.

     The term "deposit beverage" excludes the following:

     (1)  A liquid [which] that is:

         (A)  A syrup;

         (B)  In a concentrated form; or

         (C)  Typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments;

     (2)  A liquid [which] 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.);

    [(3)  A liquid which is designed and consumed only as a dietary supplement and not as a beverage as defined in the Dietary Supplement Health and Education Act of 1994 (P.L. 103-417);

     (4)] (3)  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;

    [(5)] (4)  Products designed to be consumed in a frozen state;

    [(6)] (5)  Instant drink powders;

    [(7)] (6)  Seafood, meat, or vegetable broths, or soups, but not juices; and

    [(8)] (7)  Milk and all other dairy-derived products, except tea and coffee drinks with trace amounts of these products."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act, upon its approval, shall take effect on January 1, 2014.

RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act is to include energy and dietary supplement beverage containers in the deposit beverage container program.

     SECTION 2.  Section 342G-1, Hawaii Revised Statutes, is amended by amending the definition of "deposit beverage" to read as follows:

     ""Deposit beverage" means beer, ale, or other drink produced by fermenting malt, mixed spirits, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container.

     The term "deposit beverage" excludes the following:

     (1)  A liquid [which] that is:

          (A)  A syrup;

          (B)  In a concentrated form; or

         (C)  Typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments;

     (2)  A liquid [which] that is ingested in very small quantities and which is consumed for medicinal purposes only;

     (3)  A [liquid which is designed and consumed only as a nutritional] 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) [and not as a beverage];

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

    [(4)] (5)  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;

    [(5)] (6)  Products designed to be consumed in a frozen state;

    [(6)] (7)  Instant drink powders;

    [(7)] (8)  Seafood, meat, or vegetable broths, or soups, but not juices; and

    [(8)] (9)  Milk and all other dairy-derived products, except tea and coffee drinks with trace amounts of these products."

     SECTION 3.  Section 342G-101, Hawaii Revised Statutes, is amended by amending the definition of "deposit beverage" to read as follows:

     ""Deposit beverage" means beer, ale, or other drink produced by fermenting malt, mixed spirits, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container.

     The term "deposit beverage" excludes the following:

     (1)  A liquid [which] that is:

          (A)  A syrup;

          (B)  In a concentrated form; or

          (C)  Typically added as a minor flavoring ingredient in food or drink, such as extracts, cooking additives, sauces, or condiments;

     (2)  A liquid [which] 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.);

     (3)  A [liquid which is designed and consumed only as a] single serving of one ounce or less of a dietary supplement [and not as a beverage] as defined in the Dietary Supplement Health and Education Act of 1994 (P.L. 103-417);

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

    [(4)] (5)  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;

    [(5)] (6)  Products designed to be consumed in a frozen state;

    [(6)] (7)  Instant drink powders;

    [(7)] (8)  Seafood, meat, or vegetable broths, or soups, but not juices; and

    [(8)] (9)  Milk and all other dairy-derived products, except tea and coffee drinks with trace amounts of these products."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2014.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that, according to the audit of the deposit beverage container program, the program is poorly managed.  One of the key findings of the report is the overreliance on the self-reporting of bottle distributors and redemption centers.  Further, four redemption centers that were part of the audit refused to provide support for amounts redeemed and requested reimbursements.

     Accordingly, the legislature finds that the suspected over-reporting by redemption centers and under-reporting by distributors likely resulted in an overestimate of the redemption rate and subsequent increase in the deposit beverage container fee.  Further, the increase of the deposit beverage container fee does not resolve the oversight challenges noted in the audit but does result in fee payers shouldering an increased financial burden due to the lack of oversight.

     The purpose of this Act is to ensure that problems associated with the deposit beverage container program are resolved through corrective actions rather than fiscal solutions that perpetuate the underlying nonfeasance.

     SECTION 2.  (a)  Notwithstanding section 342G-102, Hawaii Revised Statutes, or any other statute or rule to the contrary, the director of health shall set the deposit beverage container fee assessed on deposit beverage distributors at one cent per container during the period from the effective date of this Act to the time that the department of health has addressed all of the recommendations of the auditor pursuant to the State of Hawaii Deposit Beverage Container Deposit Special Fund Financial and Program Audit of 2010.

     (b)  Notwithstanding any provision to the contrary, any statute or rule that provides for an automatic increase to the deposit beverage container fee as a result of a certain redemption rate shall not be effective during the period from the effective date of this Act to the time that the department of health has addressed all of the recommendations of the auditor pursuant to the State of Hawaii Deposit Beverage Container Deposit Special Fund Financial and Program Audit of 2010.

     (c)  There shall be no exception to the requirements of subsections (a) and (b).

SECTION 3.  The department of health shall submit a report to the legislature, no later than twenty days prior to the convening of the regular session of 2014, regarding the actions taken to address the recommendations of the auditor pursuant to the State of Hawaii Deposit Beverage Container Deposit Special Fund Financial and Program Audit of 2010 and make findings and recommendations, including any proposed legislation.

     SECTION 4.  This Act shall take effect upon its approval.