Bill Text: HI SB201 | 2011 | Regular Session | Introduced

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Bill Title: Solid Waste Management; Yellow Pages Phone Books

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2011-02-09 - (S) The committee on CPN deferred the measure. [SB201 Detail]

Download: Hawaii-2011-SB201-Introduced.html

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THE SENATE	S.B. NO.	201
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to solid waste management.

 

 

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

 

     SECTION 1.  Chapter 342G, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part      .  yellow pages opt-out and recycling

     §342G-A  Definitions.  For purposes of this part:

     "Display advertising" means business advertising that includes both text and non-textual graphic elements.

     "Distribute" or "distribution" means the unsolicited delivery of more than four tons annually of yellow pages phone books to the addresses of residents and businesses within the State; provided that distribution shall not include the delivery of phone books or directories by telecommunications providers providing local exchange service in the State or membership organizations to their members or to others who have affirmatively requested delivery.

     "Distributor" means a person or entity engaged in the business of arranging for the distribution of yellow pages phone books within the State including persons or entities that arrange for the publication and distribution of yellow pages phone books and derive income, at least in part, from the advertising contained in yellow pages phone books; provided that the term does not include individuals whose sole role in distribution is limited to making deliveries to residential or business addresses.

     "Membership organization" means an organization that is organized and operated primarily or exclusively for the purpose of providing services or benefits to a designated and identifiable group of members.

     "Yellow pages phone book" means a publication that consists primarily of a listing of business names and telephone numbers and contains display advertising for at least some of the listed businesses regardless of whether or not it is printed on yellow paper.

     §342G-B  Distributor registration required; fee.  (a)  Every distributor of yellow pages phone books operating within the State shall register annually with the office using forms prescribed by the coordinator and shall notify the office of any change in previously submitted information within thirty days of the change.  No distributor shall distribute yellow pages phone books within the State without a current and valid registration pursuant to this part.

     (b)  Each annual registration pursuant to this part shall be accompanied by a registration fee of $100.  Fees collected under this subsection shall be deposited into the environmental management special fund created by section 342G-63 and shall be expended by the department for the purpose of administering the requirements of this part.

     §342G-C  Registration nontransferable.  Registration under this part shall be nontransferable, including between successors in interest.

     §342G-D  Distributor's annual reports.  (a)  Every distributor registered pursuant to this part shall include with the distributor's initial registration and each annual renewal, an accurate annual report describing the quantity in numbers of units as well as in weight of yellow pages phone books distributed annually within the State during the previous calendar year.  The director may specify additional information to be included in the report by rule adopted pursuant to chapter 91.

     (b)  Failure to submit a complete and accurate annual report as required by this section constitutes a violation of this part and shall invalidate a distributor's registration.

     (c)  Along with the annual report required by this section, each distributor shall remit the recovery fee required by section 342G-G.

     §342G-E  Opt-out registry.  (a)  The coordinator shall establish and maintain an opt-out registry to serve as a clearinghouse for residents and businesses to register and indicate their desire to not receive delivery of some or all yellow pages phone books.  The registry shall include a list of the addresses of all residences and the names and addresses of all businesses that have indicated their desire to be included on the registry.  Names of individuals shall not be included on the registry and shall not be public information subject to disclosure under chapter 92F.  Registry information shall remain on the registry until the resident or business notifies the registry of the desire to be removed.

     (b)  The director shall establish a process by rule adopted pursuant to chapter 91 to allow residents and businesses to indicate their desire to be included on the registry through telephone, electronic communication, U.S. mail, or other means as determined by the director.

     (c)  The coordinator shall make opt-out registry information available to all registered distributors on a routine basis.

     (d)  No more than thirty days prior to distributing yellow pages phone books within the State, each distributor shall obtain a copy of the most recent opt-out registry information from the coordinator.  Distributors shall not distribute yellow pages phone books to the addresses listed on the opt-out registry.  Distributors shall retain a copy of each opt-out registry information obtained pursuant to this subsection for at least five years and shall make the copies available to the coordinator for purposes of investigation and enforcement of this part.

     §342G-F  Coordinator's annual report.  The coordinator shall submit an annual report to the director evaluating the operation and impact of the opt-out registry.  The report shall identify needed improvements and concerns expressed by residents and businesses and shall make recommendations for amending or enhancing the opt-out registry program.

     §342G-G  Recovery fee.  (a)  An annual recovery fee of 14 cents per yellow pages phone book plus $148 per ton of yellow pages phone books distributed within the State shall be charged to each distributor.  The fee shall be deposited into the environmental management special fund established pursuant to section 342G-63 and shall be expended by the department for the purpose of administering the opt-out registry.

     (b)  The recovery fee required by this section shall be calculated based on information contained in the annual report required by section 342G-D and shall be submitted along with the annual report.  Payment of the recovery fee shall be recorded on a form prescribed by the director which shall include the signature of a responsible officer or agent of the distributor who shall affirm that the information contained in the report and used to calculate the recovery fee is complete and accurate.

     §342G-H  Distributor requirements.  (a)  Each distributor shall prominently and conspicuously display on a portion of the front cover of each yellow pages phone book distributed within the State information about the opt-out registry and the necessary contact information that residents and businesses may use to be added to the opt-out registry.

     (b)  Each distributor shall prominently and conspicuously display information about the opt-out registry and the necessary contact information that residents and businesses may use to be added to the opt-out registry on the distributor's website.

     §342G-I  Recyclable content.  The content of all yellow pages phone books and any materials included within yellow pages phone books at the time of delivery shall be recyclable within the county of delivery.

     §342G-J  Powers and duties of the director.  In addition to any other powers and duties authorized by law, the director shall:

     (1)  Adopt, amend, or repeal rules in accordance with chapter 91 for the purpose of carrying out the requirements of this part;

     (2)  Enforce this part and any rules adopted pursuant to this part, including by assessing fines or imposing penalties;

     (3)  Invalidate the registration of a distributor for a violation of this part or of the rules of the director;

     (4)  Investigate any person or entity and hold administrative hearings in accordance with chapter 91 for suspected violations of this part;

     (5)  Impose penalties authorized by this part or the rules of the director; and

     (6)  Delegate all functions, except rulemaking authority, to the coordinator or any other person for the administration of this part.

     §342G-K  Civil penalty.  Any person who fails to comply with this part shall be subject to a civil penalty of not more than $125 per violation.  The director is authorized to initiate legal action as necessary to enforce this part.

     §342G-L  Exemption.  The director may, by rule adopted pursuant to chapter 91, specify criteria for exemption of a distributor from the requirements of this part; provided that the criteria for an exemption shall require a distributor to demonstrate to the satisfaction of the director that the distributor has an effective system in place to assure the distribution of yellow pages phone books only to those residents and businesses that affirmatively request delivery."

     SECTION 2.  Section 342G-14, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§342G-14[]]  Powers and duties of the office of solid waste management.  The office shall:

     (1)  Promote the development of coordinated statewide solid waste management;

     (2)  Identify and monitor environmental and public health issues relating to solid waste management;

     (3)  Promote source reduction, recycling, and bioconversion, including home composting, through the provision of a comprehensive, innovative, and effective statewide public education and awareness program concerning the value of source reduction and recycling[,] and the way the public can participate in these areas;

     (4)  Comply with the federal Resource Conservation and Recovery Act of 1976 [(], 42 United States Code [section] Section 6901 et seq.[)], and any other federal law heretofore or hereafter enacted affecting solid waste;

     (5)  Seek compliance with sections 226-18, 226-52, and 226‑103;

     (6)  Assess the feasibility of employing disposal fees, including fees at the point of introduction or sale of any product that would require eventual disposition as solid waste, as possible funding sources for waste management activities;

     (7)  Coordinate with the department of land and natural resources to incorporate solid waste management and processing concerns in the department of land and natural resources' land use planning and development efforts;

     (8)  Coordinate the bioconversion efforts of appropriate agency and county activities, including [the provision of] by providing technical assistance and [the] evaluation of bioconversion programs;

     (9)  Provide waste evaluation services and assistance in developing paper recycling and other materials programs to both the public and private [sector,] sectors where feasible;

    (10)  Promote the use of enterprise zones in each county to support source reduction, recycling, and bioconversion-type businesses;

    (11)  Create and maintain a database to assess the composition of the State's waste stream.  If feasible, this database shall contain the information necessary to generate the office's annual report;

    (12)  Identify and apply for appropriate federal funds to support the programs and activities authorized by this chapter; [and]

    (13)  Cooperate with appropriate federal, state, and county agencies in carrying out the office's responsibilities under this chapter[.]; and

    (14)  Administer the yellow pages opt-out and recycling program created pursuant to part      ."

     SECTION 3.  Section 342G-63, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The department shall expend moneys contained in the environmental management special fund to:

     (1)  Partially fund the operating costs of the program including its regulatory functions and the development of waste reduction and diversion activities as mandated by [chapter 342G;] this chapter;

     (2)  Fund statewide education, demonstration, and market development programs[,] through direct contract or direct transfer of funds to the counties and the department of business, economic development, and tourism, or under a grant program that may be developed under rules adopted pursuant to chapter 91; [and]

     (3)  Provide for annual training for municipal solid waste operators in compliance with 40 Code of Federal Regulations Part 258 and [chapter 11-58,] Title 11 Hawaii Administrative Rules[.], chapter 58.1; and

     (4)  Administer the yellow pages opt-out and recycling program created pursuant to part      ."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Solid Waste Management; Yellow Pages Phone Books

 

Description:

Requires distributors of yellow pages phone books to register with the department of health; creates an opt-out registry for residents and businesses to elect to not receive delivery of yellow pages phone books; requires that all yellow pages phone books be recyclable; creates penalties for non-compliance.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.