Hawaii Senate Bill 1458 (2023) - (Failed)

Covered materials, regardless of recyclability, is any part of a package or container, including material that is used for the containment, protection, handling, delivery, and presentation of a product that is sold, offered for sale, imported, or distributed in the state. This includes primary, secondary, and tertiary packaging intended for the consumer market, service packaging designed and intended to be filled at the point of sale, like bags.

Beverage containers are included in the definition of covered material or product.

Product packaging regulated as as a drug, medical device, or dietary supplement by the U.S. Food and Drug Administration under the Federal Food, Drug, and
Cosmetic Act are excluded from the definition of covered product.

Producer is defined as any person that manufactures a fast moving consumer good under the
person's own name or brand.

Producer is also defined as a person that sells, offers for sale, distributes, or imports a fast moving consumer good as owner or licensee of a trademark or brand under which a fast moving consumer good is sold or distributed in the state.

A producer is also any person that sells, offers for sale, or distributes a fast moving consumer good in the state. A covered producer either produces a packaging volume of more than ten thousand metric tons internationally or has international gross sales of fast moving consumer goods of more than $500,000,000.

The state and any of its political subdivisions are excluded from the definition of producer.

Each covered producer shall register with the department and pay a fee to the department beginning on a date determined by rules adopted by the department.

This act shall take effect on July 1, 2023, and shall be repealed five years after the adoption of the rules promulgated by the department to implement this act. If there is money remaining in the extended producer responsibility special fund when this act is repealed, the department of health and the counties may continue to expend the remaining money after June 30, 2028, until all money has been expended.

Each registered, covered producer shall submit an annual registration renewal by January 1 of each subsequent program year, with the payment of a fee. The fee to be paid at the time of registration or renewal shall be $100 for each metric ton of packaging placed in the market in the state by the covered producer.

The state treasury establishes the extended producer responsibility special fund. All fees, payments, and penalties collected by the department, any appropriation by the legislature, any grant or donation made, and any interest earned on the balance will be in the special fund. The extended producer responsibility special fund shall be administered by the department.

The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session beginning after the establishment of the
extended producer responsibility program.

The department and the attorney general shall be empowered to enforce this act and take necessary action against any covered producer for failure to comply with this act or rules adopted thereunder. Any person who violates any requirement of this act may be assessed a penalty of up to $1,000 for the first violation and up to $2,000 for the second and each subsequent violation, in addition to any additional penalties required or imposed each day of continued violation shall constitute a separate violation.

Each county shall develop a countywide needs assessment that will detail the resources needed to reduce the volume of packaging waste the county sends to landfills by fifty percent. The department shall compile the assessments and consolidate them along with any recommendations made by the counties and shall work with the counties and registered covered producers to establish guidelines on the use of moneys in the extended producer responsibility special fund.

Reuse means to extend the life of a product, package, or resource by either using more than once with little to no processing (same or new function), repairing it so it can be used longer, or sharing, renting, selling, or donating it to another party. This definition excludes materials used as a fuel substitute and those used for energy production (i.e. incineration).