Bill Text: HI SB1062 | 2019 | Regular Session | Amended
Bill Title: Relating To Waste Management.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2019-02-15 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB1062 Detail]
Download: Hawaii-2019-SB1062-Amended.html
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THE SENATE |
S.B. NO. |
1062 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WASTE MANAGEMENT.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that construction projects funded by public moneys produce extensive construction waste. State law prohibits the disposal of more than one cubic yard of solid waste anywhere other than a permitted solid waste management system, with certain exceptions. However, the legislature has discovered that despite this prohibition, construction waste is sometimes disposed of in an unauthorized manner. For example, the Honolulu Star-Advertiser reported on July 23, 2015, that the department of education and several contractors were fined $1,450,000 by the department of health for violating solid waste laws during the renovation of Radford high school's track field in 2014. The department of health based its decision on the illegal removal, transportation, and disposal of contaminated soil and concrete waste from the school construction site to a private residence in Kaneohe, a construction site in Kapolei, and an unpermitted concrete recycling facility in Kailua. Approximately one hundred thirty truckloads of hazardous soil and concrete were dumped.
The legislature further finds that hazardous waste material from construction sites have reportedly been dumped onto land that drains into Kawainui marsh. These kinds of dumps are difficult to detect when they occur.
The purpose of this Act is to require the statement for services performed in a public works contract to include a receipt from a department of health permitted or approved waste management facility that verifies that the waste was properly received and lawfully disposed of in the appropriate department of health permitted or approved waste facility before payment for such services is rendered.
SECTION 2. Section 103-10, Hawaii Revised Statutes, is amended to read as follows:
"§103-10 Payment
for goods and services. (a) [Any] Subject to the requirements
of subsection (e), any person who renders a proper statement for goods
delivered or services performed, pursuant to contract, to any agency of the
State or any county, shall be paid no later than thirty calendar days following
receipt of the statement or satisfactory delivery of the goods or performance
of the services. [In the event] If
circumstances prevent the paying agency from complying with this section, the
person shall be entitled to interest from the paying agency on the principal
amount remaining unpaid at a rate equal to the prime rate for each calendar
quarter plus two per cent, commencing on the thirtieth day following receipt of
the statement or satisfactory delivery of the goods or performance of the
services, whichever is later, and ending on the date of the check. As used in this subsection, "prime
rate" means the prime rate as posted in the Wall Street Journal on the
first business day of the month preceding the calendar quarter.
(b) This section shall not apply in those cases where delay in payment is due to:
(1) A bona fide dispute between the State or any county and the contractor concerning the services or goods contracted for;
(2) A labor dispute;
(3) A power or mechanical failure;
(4) Fire;
(5) Acts of God; or
(6) Any similar circumstances beyond the control of the State or any county.
Where the time of payment is contingent upon the receipt of federal funds, or federal approval, the solicitation of bids for contracts shall clearly state that payment is contingent upon those conditions. If the solicitation for bids contains the warning and a contract is awarded in response to the solicitation, then interest shall not begin to accrue upon any unpaid voucher until the thirtieth day following receipt by the State or county of the contractor's statement or the thirtieth day following receipt of the federal funds or approval, whichever occurs later, and shall end as of the date of the check.
(c) All goods or services purchased by a state agency which are less than $25, except those purchased through the use of a state procurement card, shall be paid from the petty cash funds of the agency; provided that the comptroller may establish a higher threshold for petty cash payments and may grant exceptions to this requirement.
(d) Any other law to the contrary notwithstanding, the payments for goods and services obtained through use of any state or county procurement card shall be made under the terms and conditions specified in the contract under which the procurement card was established.
(e) Beginning July 1, 2020, in any contract with
an agency of the State or a county that includes the disposal of liquid or
solid waste, including but not limited to construction waste, payment shall not
be rendered unless the statement for services submitted pursuant to subsection
(a) includes a receipt from:
(1) A department of
health-permitted waste management facility;
(2) A department of
health-approved wastewater treatment facility;
(3) Other facility
approved by the department of health; or
(4) In the case of
disposal of inert fill, a farm lot with an approved
soil and water conservation plan or permit to stockpile the material on site,
or construction site with a permit to grade and fill the site or stockpile fill
on site. The receipt shall verify
that the waste or inert fill was properly received and lawfully managed in an
appropriate, department of health-permitted or approved waste facility, farm
lot, or construction site and shall include:
(A) The
number of truck loads accepted by the facility;
(B) The
type of material received;
(C) The
address of the site and name of the agent authorized to accept the disposal;
and
(D) Reference
of the holder, farm, or company of the farm soil and water conservation plan or
construction permit number, as applicable.
If required pursuant to a contract or executed
agreement, the state or county agency may make partial payment to the
contractor without a receipt showing proper waste disposal from a licensed
waste management facility, farm lot, or construction site; provided that such
payment does not include any compensation for the waste removal, or disposal,
or both, and before any dumping of waste.
A person who knowingly submits a receipt that is altered or falsified in
any manner for the purposes of this subsection shall be subject to section 708‑872."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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, 2020.
Report Title:
Disposal of Liquid or Solid Waste; Contracts; Payments
Description:
Requires that all state and county agency contractors that dispose of liquid or solid waste provide a receipt that the waste or inert fill was received and disposed of at a department of health permitted or approved facility before payment is rendered for those contractual services. Allows for partial payment to be made without a receipt and prior to any dumping of waste. Prohibits alteration or falsification of receipts. Effective 7/1/2020. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
