Bill Text: HI SB633 | 2012 | Regular Session | Introduced
Bill Title: Alkaline batteries; Recycling
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB633 Detail]
Download: Hawaii-2012-SB633-Introduced.html
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THE SENATE |
S.B. NO. |
633 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to alkaline battery recycling.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 342I, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part
Alkaline battery recycling
§342I-A Alkaline batteries; collection for recycling. A person selling alkaline batteries at retail or offering alkaline batteries for retail sale in the State shall:
(1) Pay to the department, at the point of purchase by a customer, an alkaline battery surcharge for each new alkaline battery sold to a customer in an amount to be established by the department pursuant to rules adopted in accordance with chapter 91;
(2) Accept and provide a refund for each used alkaline battery returned from a customer, regardless of whether the customer purchases any new alkaline batteries, and at an amount per battery to be established by the department pursuant to rules adopted in accordance with chapter 91; and
(3) Post written notice that shall be at least five inches by seven inches in size and shall contain the universal recycling symbol and the following language:
(A) "Recycle your used alkaline batteries"; and
(B) "State law requires us to accept and provide a refund for used alkaline batteries returned for recycling".
§342I-B Recycling. Any person accepting used alkaline batteries for recycling shall transport the used alkaline batteries to a transfer facility approved by the department.
§342I-C Deposit into environmental management special fund. The surcharge collected pursuant to this part shall be deposited into a special account in the environmental management special fund established by section 342G-63. All interest earned or accrued on moneys deposited in the fund pursuant to this section shall become part of the account. Moneys from the special account may be used by the department to:
(1) Provide refunds to customers returning used alkaline batteries to persons selling alkaline batteries at retail or offering alkaline batteries for retail sale in the State; and
(2) Implement the surcharge program under this part.
§342I-D Recordkeeping. All persons selling alkaline batteries at wholesale or offering alkaline batteries for wholesale sale in the State shall maintain records for three years that provide, at a minimum, the following information:
(1) The name, phone number, and address of the person from whom the alkaline batteries were received;
(2) The date of receipt of the alkaline batteries; and
(3) The record of shipment indicating the ultimate retail destination of the alkaline batteries and the date of shipment.
§342I-E Entry and inspection of records. The director of health may enter and inspect any building or place for the purpose of:
(1) Investigating an actual or suspected violation of this part;
(2) Conducting reasonable tests;
(3) Taking samples; and
(4) Reviewing and copying records.
§342I-F Penalties. (a) Any person who violates this part shall be fined not more than $ for each separate offense; provided that the failure to post the notice required under section 342I-A, following a warning issued by the director of health, shall be subject to a fine of $2,000 for each separate offense. Each battery improperly disposed of or accepted shall constitute a separate offense. The fines imposed pursuant to this subsection shall be cumulative. Remedies shall be by citation, administrative action, or civil action.
(b) Any person who knowingly or wilfully violates this part shall be guilty of a misdemeanor.
(c) The director may institute a civil action in any court of competent jurisdiction for injunctive and other relief to:
(1) Prevent any violation of this part;
(2) Impose and collect civil penalties;
(3) Collect administrative penalties; or
(4) Obtain other relief.
The court may grant relief in accordance with the Hawaii rules of civil procedure."
SECTION 2. 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 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. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Alkaline batteries; Recycling
Description:
Establishes recycling program for alkaline batteries.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
