RELATING TO DEPOSIT BEVERAGE CONTAINER MATERIALS.

HOUSE OF REPRESENTATIVES H.B. NO. 179 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to deposit beverage container materials . BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The legislature finds that solutions to limit negative environmental impacts from plastics production and waste are needed, including minimum postconsumer recycled content requirements and minimum non-petroleum materials content requirements for deposit beverage containers to reduce waste, transition the State away from fossil fuel dependence and toward a circular economy, and encourage interest in recycling among deposit beverage distributors. The implementation of a minimum postconsumer recycled content requirement for deposit beverage containers will divert waste from landfills and direct them to recycling, thus reducing waste. Additionally, the implementation of a minimum non-petroleum materials content requirement for deposit beverage containers will divert postconsumer, post-industrial, and post-agricultural waste from landfills and direct them to recycling, thus reducing waste while transitioning the State toward materials independence and supply chain security. Compliance with either requirement will reduce the negative environmental impacts from plastics production and waste. Therefore, the purpose of this Act is to establish an option for deposit beverage distributors to comply with either minimum postconsumer recycled content requirements or minimum non-petroleum materials content requirements for deposit beverage containers. SECTION 2. Chapter 342G, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: " Part . POSTCONSUMER RECYCLED CONTENT; non-petroleum materials content §342G- Definitions. As used in this part: "Deposit beverage container" has the same meaning as in section 342G-101. "Deposit beverage distributor" has the same meaning as in section 342G-101. "Non-petroleum materials" means materials produced from non-petroleum feedstocks not fit for human or animal consumption that provide biobased or biogenic carbon as referenced by ASTM International in ASTM D 6866, limited to: (1) Agricultural crop residues; (2) Bark, lawn, yard, and garden clippings; (3) Leaves, silvicultural residue, and tree and brush pruning; (4) Wood, wood chips, and wood waste; (5) Nonrecyclable pulp or nonrecyclable paper materials; (6) Old corrugated cardboard; and (7) Cotton waste products. "Non-petroleum materials content" means the content of a product that is made from non-petroleum materials. "Postconsumer recycled content" means the content of a product that is made of recycled materials derived specifically from recycled material generated by households or by commercial, industrial, or institutional facilities in their role as end users of the product and that can no longer be used for its intended purpose, including returns of material from the distribution chain. §342G- Postconsumer recycled content; non-petroleum materials content; requirements; enforcement. (a) Every deposit beverage distributor that sells, offers for sale, or distributes deposit beverage containers in the State shall meet minimum postconsumer recycled content requirements or minimum non-petroleum materials content requirements pursuant to this section. (b) A deposit beverage distributor that sells, offers for sale, or distributes deposit beverage containers in or into the State shall meet the following annual minimum percentages of either postconsumer recycled content or minimum non-petroleum materials content on average for the total quantity of deposit beverage containers that are sold, offered for sale, or distributed in the State: (1) Fifteen per cent by weight or another metric as determined by the department by December 31, 2028; (2) Twenty-five per cent by weight or another metric as determined by the department by December 31, 2033; and (3) Fifty per cent by weight or another metric as determined by the department on and after January 1, 2035; provided that the requirements of this subsection shall not apply to plastic caps or lids and labeling. (c) The department shall enforce this part and, subject to chapter 91, may adopt rules with respect to: (1) Adjusting the minimum postconsumer recycled content and minimum non-petroleum materials content percentages required pursuant to this section; (2) Reporting requirements by deposit beverage distributors of deposit beverage containers subject to this part; (3) Providing penalties or fees; and (4) Any other matters as may be necessary in order to implement this part." SECTION 3. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________ Report Title: Deposit Beverage Distributors; Deposit Beverage Containers; Postconsumer Recycled Content; Non-petroleum Materials Content; DOH Description: Requires deposit beverage distributors that sell, offer for sale, or distribute deposit beverage containers in the State to meet minimum postconsumer recycled content requirements or minimum non-petroleum materials content requirements. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.