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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1521 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ELECTRONIC WASTE RECYCLING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 339D, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:
"§339D-A Annual reporting; determination of market share. (a) Each electronic device manufacturer shall report annually to the department its sales, by weight, of the manufacturer's covered electronic devices in the State, categorized by type, to the extent known. If the electronic device manufacturer is unable to provide accurate sales data, it shall explain why the data cannot be provided and estimate its sales data using a method established by the department by rule.
(b) The department shall determine annually an electronic device manufacturer's market share. An electronic device manufacturer's market share shall be the percentage of the weight of all covered electronic devices sold in the State comprised of covered electronic devices sold by the electronic device manufacturer.
(c) The department shall use the best available information to establish the weight of all electronic devices sold in the State, including but not limited to the reports submitted pursuant to subsection (a), state and national sales data, and other reliable commercially available, supplemental sources of information.
(d) Beginning March 15, 2012, and each year thereafter, the department shall notify each electronic device manufacturer of its recycling responsibility under section 339D-4, based on the department's determination of its market share.
§339D-B Liability for stored information. An electronic device manufacturer shall not be liable for any loss or misuse of electronic data or other information that a consumer may have stored on a covered electronic device that is recovered or recycled by the electronic device manufacturer.
§339D-C Environmental management. (a) All covered electronic devices shall be recycled pursuant to this chapter, in a manner that complies with applicable federal, state, and county laws and requirements.
(b) The department shall adopt rules, pursuant to chapter 91, that include the Institute of Scrap Recycling Industries, Inc.'s Electronics Recycling Operating Practices as requirements for recycling covered electronic devices.
§339D-D State procurement. Any state or county agency that purchases or leases any covered electronic device shall require each prospective offeror to certify compliance with this chapter. Failure to provide certification shall disqualify the prospective offeror."
SECTION 2. Section 339D-1, Hawaii Revised Statutes, is amended as follows:
1. By amending the definitions of "brand", "covered electronic device", "covered entity", "covered television", "recycling", and "retailer" to read:
""Brand" means a symbol, word,
or mark that identifies a covered electronic device [or a covered television],
rather than any of its components.
"Covered electronic device":
(1) Means [a]:
(A) A
computer, computer printer, computer monitor, or portable computer with a
screen size greater than four inches measured diagonally; [and] or
(B) A television with a screen size of nine inches or larger as measured diagonally;
and
(2) Shall not include:
(A) A covered electronic device that is a part of a motor vehicle or any component part of a motor vehicle assembled by or for a motor vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;
(B) A covered electronic device that is functionally or physically required as a part of a larger piece of equipment designed and intended for use in an industrial, commercial, or medical setting, including diagnostic, monitoring, or control equipment;
(C) A covered electronic device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or
(D) A telephone of any type."
"Covered entity" means any [household,]
person, government entity, business, or nonprofit organization exempt
from taxation under section 501(c)(3) of the Internal Revenue Code, regardless
of size or place of operation within the State.
["Covered television" :
(1) Means]
"Television" means any device that is capable of receiving
broadcast, cable, or satellite signals and displaying television or video
programming, including without limitation any direct view or projection
television [with a viewable screen of nine inches or larger] with
display technology based on cathode ray tube, plasma, liquid crystal, digital
light processing, liquid crystal on silicon, silicon crystal reflective
display, light emitting diode, or similar technology marketed and intended for
use by a [household;] person;
[(2) Shall
not include:
(A) A computer, computer printer,
computer monitor, or portable computer;
(B) A
television that is a part of a motor vehicle or any component part of a motor
vehicle assembled by or for a vehicle manufacturer or franchised dealer,
including replacement parts for use in a motor vehicle;
(C) A television that is
functionally or physically required as a part of a larger piece of equipment
designed and intended for use in an industrial, commercial, or medical setting,
including diagnostic, monitoring, or control equipment;
(D) A
telephone of any type, including a mobile telephone;] or
(E) A
global positioning system.]
"Recycling" means processing
(including disassembling, dismantling, or shredding) covered electronic devices
[or covered televisions] or their components to recover a useable
product; provided that "recycling" does not include any process
defined as incineration under applicable laws and rules."
"Retailer" means any person who
offers covered electronic devices [or covered televisions] for sale,
other than for resale by the purchaser, through any means, including sales
outlets, catalogs, or the Internet."
2. By deleting the definitions of "household", "market share", and "television manufacturer".
["Household" means any occupant of
a single detached dwelling unit or of a single unit of a multiple dwelling unit
who has used a covered electronic device or covered television at a dwelling
unit primarily for personal or home business use.
""Market share":
(1) Means the calculation of a television
manufacturer's prior year's sales of televisions divided by all manufacturers'
prior year's sales for all televisions, as determined by the department;
(2) May be expressed as a
percentage, a fraction, or a decimal fraction.
"Television manufacturer" means a
person who:
(1) Manufactures for sale in the State a
covered television under a brand that it licenses or owns;
(2) Manufactures for sale in the State
covered televisions without affixing a brand;
(3) Resells into the State a covered
television manufactured by others under a brand that the seller owns or is
licensed to use;
(4) Imports into the United States or
exports from the United States a covered television for sale in the State;
(5) Sells at retail a covered television
acquired from an importer described in paragraph (4), and elects to register as
the manufacturer for those products;
(6) Manufactures covered televisions and
supplies them to any person or persons within a distribution network that
includes wholesalers or retailers in this State; or
(7) Assumes the responsibilities and
obligations of a television manufacturer under this chapter.
In the event the television manufacturer is
one who manufactures, sells, or resells covered televisions under a brand for
which it has obtained the license, then the licensor or brand owner of the
brand shall not be included in the definition of television manufacturer under
paragraph (1) or (3)."]
SECTION 3. Section 339D-4, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:
"(c) By June 1, 2009, and annually thereafter, each electronic device manufacturer shall submit a plan to the department to establish, conduct, and manage a program for the collection, transportation, and recycling of its covered electronic devices sold in the State, which shall be subject to the following conditions:
[(1) The plan shall not permit the charging of a
fee at the point of recycling if the covered electronic device is brought by
the covered electronic device owner to a central location for recycling;
provided that the plan may include a reasonable transportation fee if the
electronic device manufacturer or electronic device manufacturer's agent
removes the covered electronic device from the owner's premises at the owner's
request and if the removal is not in conjunction with delivery of a new
electronic device to the owner; and]
(1) The plan shall include a description of the methods for the convenient collection of covered electronic devices at no cost to the covered entities. The recycling plan shall provide collection services of covered electronic devices in each county of the state. In addition, for United States Postal Zip Code areas with a population greater than twenty-five thousand, the plan shall provide at least one of the following services:
(A) A staffed drop-off site;
(B) Alternative collection service such as on-site pick-up service; or
(C) Collection events which are periodically held at an easily accessible, central location;
(2) Each electronic device manufacturer may develop
its own recycling program or may collaborate with other electronic device
manufacturers, so long as the program is implemented and fully operational no
later than January 1, 2010[.];
(3) Each electronic device manufacturer's plan shall provide for recycling covered electronic devices of an amount equal in weight to its market share of covered electronic devices sold in the State each year as determined pursuant to section 339D-A; and
(4) Plans that contain only a mail-back option shall not be allowed.
(d) By March 31, 2011, and annually thereafter, each electronic device manufacturer shall submit a report to the department of the total weight of all covered electronic devices recycled in the previous year, which may include both an electronic device manufacturer's own covered electronic devices and those of other manufacturers."
SECTION 4. Section 339D-6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§339D-6[]]
Department responsibility. (a) Beginning January 1, 2010, the
department shall maintain and update a website and a toll-free number with current
information on where covered entities can return covered electronic devices for
recycling.
(b) The department, in consultation with electronic device manufacturers, shall develop an electronic device recycling education program for consumers."
SECTION 5. Section 339D-7.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§339D-7.5[]]
Manufacturer and agent responsibilities; regulatory compliance. Each
electronic device manufacturer [and television manufacturer] shall be
responsible for ensuring that the electronic device manufacturer and its
agents follow all federal, state, and local regulations when collecting,
transporting, and recycling covered electronic devices [or covered
televisions], and adopt environmentally sound recycling practices for the
covered electronic devices [or covered televisions]."
SECTION 6. Section 339D-8, Hawaii Revised Statutes, is amended to read as follows:
"§339D-8 Enforcement. (a) The
department may conduct audits and inspections to determine compliance under
this chapter. Except as provided in subsection (c), the department and the
attorney general shall be empowered to enforce this chapter and take necessary
action against any electronic device [or television manufacturer] or
retailer for failure to comply with this chapter or rules adopted thereunder.
(b) The attorney general may file suit in the
name of the State to enjoin an activity related to the sale of covered
electronic devices [or covered televisions] in violation of this
chapter.
(c) The department shall issue a warning
notice to a person for the person's first violation of this chapter. The
person shall comply with this chapter within sixty days of the date the warning
notice was issued or be subject to the penalties provided by law or rule,
including[,] but not limited to[,] penalties set forth in
subsections (d) through (g). A retailer that receives a warning notice from
the department for a violation of section 339D-3(a) [or 339D-24(a)]
shall submit proof to the department, within sixty days from the date the
warning notice was issued, that its inventory of covered electronic devices [or
covered televisions] offered for sale is in compliance with this chapter.
(d) Any retailer who sells or offers for sale
an unlabeled covered electronic device [or unlabeled covered
television] in violation of section 339D-3 [or 339D-24, respectively,]
or any electronic device [or television] manufacturer that fails to
comply with any provision of section 339D-4 [or 339D-23, respectively,]
may be assessed a penalty of up to $10,000 for the first violation and up to
$25,000 for the second and each subsequent violation, in addition to any
additional penalties required or imposed pursuant to this chapter.
(e) Except as provided in subsection (d), any person who violates any requirement of this chapter 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 pursuant to this chapter.
(f) The department shall determine additional penalties based on adverse impact to the environment, unfair competitive advantage, and other considerations that the department deems appropriate.
(g) If [a covered television] an electronic
device manufacturer fails to recycle its market share allocation, the
department shall impose a penalty of [50 cents] $ per pound
for each pound not recycled."
SECTION 7. Section 339D-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Notwithstanding subsection (a), the
department shall not have the authority to assess any fees, including an
advanced recycling fee, registration fee, or other fee, on consumers[,
television manufacturers, or retailers for recovery of covered televisions
except those noted in sections [339D-4] and 339D-22]."
SECTION 8. Section 339D-11, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department shall compile the
information submitted by [covered television] electronic device
manufacturers and issue a report to the legislature no later than April 1,
2012, and annually each year thereafter."
SECTION 9. Section 339D-12, Hawaii Revised Statutes, is amended to read as follows:
"§339D-12 Federal preemption. [(a)
Part II of this] This chapter shall be deemed repealed if a federal
law or a combination of federal laws takes effect that establishes a national
program for the collection and recycling of covered electronic devices that
substantially meets the intent of [part II of] this chapter, including
the creation of a financing mechanism for collection, transportation, and
recycling of all covered electronic devices from covered entities in the United
States.
[(b) [Part IV] of this chapter shall be
deemed repealed if a federal law or a combination of federal laws takes effect
that establishes a national program for the recycling of covered televisions
that substantially meets the intent of [part IV] of this chapter.]"
SECTION 10. Chapter 339D, part IV, Hawaii Revised Statutes, is repealed.
SECTION 11. No later than December 31, 2011, the department of health shall adopt rules, pursuant to chapter 91, that authorize the recovery and recycling of cathode ray tubes in Hawaii to safely further the objectives of chapter 339D, Hawaii Revised Statutes.
SECTION 12. 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 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 14. This Act shall take effect upon its approval.
Report Title:
Electronic Waste Recycling; Market Share; Covered Televisions
Description:
Combines the electronic waste and television recycling programs. Requires recycling based on market share by weight. Changes the fee per pound for failing to recycle to an unspecified amount. Directs the Department of Health to adopt rules to allow recycling of cathode ray tubes in Hawaii. Amends conditions placed on electronic device and television manufacturer's recycling plans. (HB1521 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.