Bill Text: HI SB2857 | 2014 | Regular Session | Amended

---

Bill Title: Recycling; Electronic Devices

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-03-14 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with Representative(s) Awana, Hanohano, Har voting aye with reservations; Representative(s) Fale, McDermott voting no (2) and Representative(s) Creagan, Say, Tokioka, Yamashita excused (4). [SB2857 Detail]

Download: Hawaii-2014-SB2857-Amended.html

---

THE SENATE	S.B. NO.	2857
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 2
STATE OF HAWAII		H.D. 1

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 ten new sections to part III to be appropriately designated and to read as follows:

     "§339D-A  Manufacturer recycling goals.  (a)  The department shall use the best available information to establish the weight of all covered electronic devices and covered televisions sold in the State, including but not limited to the reports submitted pursuant to section 339D-E, state and national sales data, and other reliable commercially available supplemental sources of information.

     (b)  No later than January 31, 2015, and annually thereafter, the department shall discuss with and notify each manufacturer of the manufacturer's calendar year recycling obligation, after discussing the same with the manufacturer.

     (c)  Beginning in 2015, each covered electronic device and covered television manufacturer shall collect and recycle covered electronic devices, televisions, and peripherals with the goal of fulfilling its by weight recycling obligation, as determined by the department.

     §339D-B  Manufacturer plan requirements.  (a)  Manufacturer's plans required by sections 339D-4 and 339D-23 shall provide for at least one collection service in every zip code for counties with a population under seven hundred fifty thousand, and at least one collection service in every county district for counties with a population of seven hundred fifty thousand or more, as determined in the last preceding United States census, unless the plan provides documentation that the respective zip code or county district for which the plan does not provide a collection service is already adequately covered by the collection plan of another manufacturer or group of manufacturers.

     (b)  The plan shall include at least one of the following collection services:

     (1)  Staffed drop-off site;

     (2)  Alternative collection service such as onsite pickup service; or

     (3)  Collection events held at easily accessible, central locations.

     (c)  Collection services shall be provided on a scheduled day at least once per month.

     (d)  Plans that offer collection and recycling of products by mail-back option shall not be allowed.

     (e)  Plans shall specify the use of only collectors registered, for the purposes of this chapter, with the State.

     (f)  Plans shall specify the use of recyclers that have achieved and maintained third-party accredited certification from the Responsible Recycling Practices Standard (R2), the e-Stewards Standard, or an internationally accredited third-party environmental management standard for the safe and responsible handling of electronic waste.

     (g) Plans shall include the street addresses and zip codes of the collection sites to be utilized.

     (h)  The department shall provide collection services for a zip code or county district that is not covered by the plan of a manufacturer or group of manufacturers.

     §339D-C  Consumer protection fee.  (a)  Each electronic device and television manufacturer may be subject to a consumer protection fee imposed by the department.  The department shall establish the fee amount by rule or order to incentivize manufacturer collection; provided that the fee amount shall be commensurate with, but not greater than, the cost, as determined by the department, of supplying collection services in zip codes or county districts that are not covered by the recycling plan of a manufacturer or group of manufacturers.

     (b)  Moneys collected from the fee shall be deposited into the electronic device recycling fund established by section 339D-10 and used for supplying collection services and recycling services that are not provided by electronic and television manufacturer's plans pursuant to this part.

     §339D-D  Manufacturer recordkeeping requirements.  (a)  Each electronic device and television manufacturer shall maintain and retain for a minimum of five years records of the following:

     (1)  The amount, in weight, of its annual in-state sales of its covered electronic devices and covered televisions;

     (2)  The amount of covered electronic devices, covered televisions, and peripherals it has collected for recycling, by county; and

     (3)  The amount of covered electronic devices, covered televisions, and peripherals recycled by each recycler on behalf of the manufacturer.

     (b)  Nothing in this part shall exempt any person from liability that the person would otherwise have under applicable law.

     §339D-E  Manufacturer reporting requirements.  (a)  By August 1, 2014, and annually thereafter, each manufacturer shall report to the department its sales, by weight, of the manufacturer's covered electronic devices and covered televisions sold in the State during the previous calendar year, categorized by product type.

     (b)  If the manufacturer is unable to provide accurate sales data, it shall explain why the data cannot be provided.  The manufacturer shall then report an estimate of its sales data and provide an explanation of the methods used to derive the estimate.

     (c)  By March 31, 2016, and annually thereafter, each manufacturer shall report to the department the total weight of all covered electronic devices, covered televisions, and peripherals it recycled, by county, in the previous calendar year.  Reports shall be submitted on forms prescribed by the department.

     §339D-F  Collector registration.  Commencing January 1, 2015, all collectors in operation in the State shall register or renew its registration with the department by January 1 or each year using forms prescribed by the department.  All collectors shall register with the department prior to accepting covered electronic devices, covered televisions, or peripherals.      §339D-G  Collector recordkeeping requirements.  Each collector shall maintain and retain for a minimum of five years, records of the amounts, in weight, of covered electronic devices, covered televisions, and peripherals it has collected for recycling and the amounts sent for recycling.

     §339D-H  Collector reporting requirements.  By March 31, 2016, and annually thereafter, each collector shall report to the department, on forms prescribed by the department, the following:

     (1)  The amount, in weight, of covered electronic devices, covered televisions, and peripherals it has collected for recycling and the amounts sent for recycling;

     (2)  Bills of lading or weight tickets for all covered electronic devices, covered televisions, and peripherals sent for recycling; and

     (3)  Certificates of recycling for all covered electronic devices, covered televisions, and peripherals recycled.

     §339D-I  Collector responsibility.  All covered electronic devices, covered televisions, and peripherals collected by collectors shall be sent for recycling.

     §339D-J  Audit authority.  The records of covered electronic device manufacturers, covered television manufacturers, collectors, and recyclers shall be made available, upon request, for inspection by the department, a duly authorized agent of the department, or the office of the auditor."

     SECTION 2.  Section 339D-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Collector" means a person that accepts covered electronic devices, covered televisions, or peripherals for delivery to a recycler for the purposes of this chapter.

     "Peripheral" means any electrically powered device intended for use with a computer or television.

     "Recycler" means any person who engages in the recycling of covered electronic devices or covered televisions for the purposes of this chapter."

     SECTION 3.  Section 339D-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  By [June 1, 2009,] October 1, 2014, 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

     (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.] May 1, 2015."

     SECTION 4.  Section 339D-4, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  The department shall review each electronic device manufacturer's plan and, within sixty days of receipt of the plan, shall determine whether the plan complies with this part.   If the plan is approved, the department shall notify the electronic device manufacturer or group of electronic device manufacturers.  If the plan is rejected, the department shall notify the electronic device manufacturer or group of electronic device manufacturers and provide the reasons for the plan's rejection.  Within thirty days after receipt of the department's rejection, the electronic device manufacturer or group of electronic device manufacturers [may] shall revise and resubmit the plan to the department for [approval.] review pursuant to this subsection."

     SECTION 5.  Section 339D-9, Hawaii Revised Statutes, is amended to read as follows:

     "§339D-9  Administrative penalties; fees.  [(a)] In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter for a violation thereof, the department is authorized to impose by order administrative penalties and is further authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or to bring legal action to recover administrative fines and fees and costs, including attorney's fees and costs.

     [(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 6.  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] electronic device and television manufacturers and issue a report to the legislature no later than April 1, 2012, and annually each year thereafter."

     SECTION 7.  Section 339D-23, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  By [June 1, 2010,] October 1, 2014, and annually thereafter, each television manufacturer shall submit a plan to the department to establish, conduct, and manage a program for the recycling of covered televisions 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 television is brought by the covered television owner to a central location for recycling; provided that the plan may include a reasonable transportation fee if the television manufacturer or television manufacturer's agent removes the covered [electronic device] television from the owner's premises at the owner's request and if the removal is not in conjunction with delivery of a new television to the owner; and

     (2)  Each television manufacturer may develop its own recycling program or may collaborate with other television manufacturers, so long as the program is implemented and fully operational no later than [January 1, 2011.] May 1, 2015."

     SECTION 8.  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 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Recycling; Electronic Devices

 

Description:

Amends the Electronic Device and Television Recycling Program by authorizing the establishment of a by weight recycling obligation for manufacturers, establishing minimum collection service requirements by zip code or county district, authorizing the imposition of a consumer protection fee on applicable manufacturers for county provision of collection services, establishing manufacturer plan record keeping and reporting requirements, and establishing Department of Health and Auditor access to records.  Effective July 1, 2050.  (SB2857 HD1)

 

 

 

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