Hawaii House Bill 2399 SDI (2022) - (Failed)

Covered materials and products are defined as 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, and carry-out bags, bulk goods bags; and beverage containers.

This does not apply to any material that is used in the packaging of a product that is regulated as a drug, medical device, or dietary supplement by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.

Producer is defined as any person that manufactures a fast-moving consumer good under the persons own name or brand. A "Covered producer" means a producer that 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.

A Producer is also defined as any 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.

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

Appropriations from the Extended Producer Responsibility Special Fund will be used for the administration for fiscal year 2022-2023.

At the time of registration or renewal, Producers shall pay $150 for each metric ton of packaging placed in the market in the State by the covered producer.

Each covered producer shall register with the department and pay fees beginning on a date determined by rule.

Beginning and ending on a date determined by rule, no covered producer shall sell or offer for sale any fast-moving consumer good for delivery in this State unless the covered producer has registered with the department.

This Act shall take effect on July 1, 2100, and shall be repealed on June 30, 2028; provided that if there are moneys remaining in the extended producer responsibility special fund on June 30, 2028, the department of health and the counties may continue to expend the remaining moneys in a manner consistent with this Act after June 30, 2028, until all moneys have been expended.

Each registered covered producer shall submit a renewal and payment annually by January 1st each year.

The state treasury establishes the extended producer responsibility special fund where all fees, payments, penalties, grants, donations, legislative appropriations, and interest shall be deposited.

Each covered producer who is registered shall submit an annual renewal of its registration by January 1 of each subsequent program year, with the fee payment.

A person that violates this regulation will be charged penalties based on the number of violations. The penalty is $1,000 for a first violation, $2,000 for a second violation and each subsequent violation.

Each county shall develop a countywide needs assessment and submit to the department no later than a date determined by rule. The department will compile the assessments , work with the counties and registered covered producers to establish guidelines on the use of moneys in the extended producer responsibility special fund.