Bill Text: HI HB1640 | 2022 | Regular Session | Amended
Bill Title: Relating To Recycling.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Passed) 2022-06-27 - Act 151, on 06/27/2022 (Gov. Msg. No. 1252). [HB1640 Detail]
Download: Hawaii-2022-HB1640-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1640 |
|
THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 2 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
C.D. 1 |
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO RECYCLING.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 339D, Hawaii Revised Statutes, is amended by adding seven new sections to part IV 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 electronic devices sold in the State, including the reports submitted
pursuant to section 339D-C, state and national sales data, and other reliable commercially
available, supplemental sources of information.
(b) No later than October 1, 2022, and annually
thereafter, the department shall notify each manufacturer of its recycling obligation
pursuant to subsection (c).
(c) Each manufacturer shall collect and recycle electronic
devices according to the following:
(1) Beginning January 1,
2023, the equivalent of fifty per cent, by weight, of the manufacturer's electronic
devices sold in the State two years prior, unless amended by rule pursuant to chapter
91;
(2) Beginning January 1,
2024, the equivalent of sixty per cent, by weight, of the manufacturer's electronic
devices sold in the State two years prior, unless amended by rule pursuant to
chapter 91; and
(3) Beginning
January 1, 2025, the equivalent of seventy per cent, by weight, of the
manufacturer's electronic devices sold in the State two years prior, unless amended
by rule pursuant to chapter 91.
(d) A manufacturer may collect any electronic device
to meet its recycling goal.
(e) A manufacturer may consider reused electronic
devices toward achieving its recycling goals.
§339D-B Record keeping requirements. (a) Each manufacturer shall maintain records, for
a minimum of five years, of the following:
(1) The amount, in weight,
of its annual sales of electronic devices sold in the State;
(2) The number of electronic
devices it has collected for recycling or reuse, by county; and
(3) The number of electronic
devices recycled or reused by each collector and recycler on behalf of the manufacturer.
(b) Nothing in this section is intended to exempt
any person from liability that the person would otherwise have under applicable
law.
§339D-C Manufacturer reporting requirements. (a) By August 1, 2022, and annually thereafter,
each manufacturer shall report to the department its sales, by weight, of the manufacturer's
electronic devices sold in the State in the previous calendar year, categorized
by electronic device type.
(b) If the manufacturer is unable to provide accurate
sales data, the manufacturer shall explain why the data cannot be provided and shall
instead report an estimate of its sales data and provide an explanation of the methods
used to derive the estimate.
(c) By March 31, 2023, and annually thereafter,
each manufacturer shall report to the department the total weight of all electronic
devices recycled or reused, by county, in the previous calendar year. Reports shall be submitted on forms prescribed
by the department.
§339D-D Collector registration. (a)
By January 1, 2023, each collector shall register with the department,
using forms prescribed by the department, and pay to the department a registration
fee of $250. Thereafter, if a collector has
not previously registered with the department, the collector shall register with
the department prior to accepting electronic devices. A registration shall be valid until December 31
of each year.
(b) By January 1 of each year, each
collector shall submit an annual renewal of its registration with the payment of
a registration fee of $250.
§339D-E Collector record keeping requirements. Each collector shall maintain records for a
minimum of five years of the following:
(1) The amount, in
weight, of electronic devices it has collected for recycling and reuse and the
amounts sent for recycling and reuse; and
(2) Bills of lading
or weight tickets for all electronic devices sent for recycling or reuse.
§339D-F Collector reporting requirements. By
March 31, 2024, and annually thereafter, each collector shall report to the
department the weight of all electronic devices collected for recycling or reuse
in the previous year. Reports shall be submitted
on forms prescribed by the department and shall indicate the weight of electronic
devices sent to each recycler and the number of electronic devices that were reused.
§339D-G Collector responsibility. Each collector shall possess and maintain all
necessary business and environmental permits."
SECTION 2. Chapter 339D, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"ELECTRONIC [WASTE AND TELEVISION] DEVICE
RECYCLING AND RECOVERY ACT"
SECTION 3. Section 339D-1, Hawaii Revised Statutes, is amended to read as follows:
"§339D-1 Definitions.
As used in this chapter:
"Brand" means a symbol, word, or
mark that identifies [a covered] an electronic device [or a
covered television], rather than any of its components.
["Covered electronic device":
(1) Means
a computer, computer printer, computer monitor, or portable computer with a
screen size greater than four inches 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, government entity, business, or nonprofit organization exempt from
taxation under section 501(c)(3) of the United States Internal Revenue Code,
regardless of size or place of operation within the State.
"Covered television":
(1) 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;
(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.]
"Collector" means a person
that accepts electronic devices for reuse or delivers the devices to a recycler
for the purposes of this chapter.
"Department" means the department
of health.
["Electronic device
manufacturer":
(1) Means
any existing person:
(A) Who manufactures or manufactured covered electronic devices
under a brand that it owns or owned or is or was licensed to use, other than a
license to manufacture covered electronic devices for delivery exclusively to
or at the order of the licensor;
(B) Who sells or sold covered electronic devices manufactured by
others under a brand that the seller owns or owned or is or was licensed to use,
other than a license to manufacture covered electronic devices for delivery
exclusively to or at the order of the licensor;
(C) Who manufactures or manufactured covered electronic devices
without affixing a brand;
(D) Who manufactures or manufactured covered electronic devices to which
it affixes or affixed a brand that it neither owns or owned nor is or was licensed
to use; or
(E) For whose account covered electronic devices manufactured outside
the United States are or were imported into the United States; provided that if
at the time those covered electronic devices are or were imported into the
United States and another person has registered as the manufacturer of the
brand of the covered electronic devices, this paragraph shall not apply;
(2) Shall
not include persons who manufacture no more than one hundred computers per
year.
"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.
"New covered electronic
device" means a covered electronic device that is manufactured after the
effective date of this chapter.]
"Electronic device":
(1) Means:
(A) A computer, computer printer, computer monitor, or portable computer
with a screen size greater than four inches measured diagonally; and
(B) Any device that is capable of receiving broadcast, cable, or satellite
signals and displaying television or video programing, including 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; and
(2) Shall not include:
(A) An
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) An
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) An
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;
(D) A
telephone of any type including a mobile telephone; or
(E) A
global positioning system.
"Manufacturer":
(1) Means
any person:
(A) Who manufactures or manufactured electronic devices under a
brand that it owns or owned or is or was licensed to use, other than a license
to manufacture electronic devices for delivery exclusively to or at the order
of the licensor;
(B) Who sells or sold electronic devices manufactured by others under
a brand that the seller owns or owned or is or was licensed to use, other than
a license to manufacture electronic devices for delivery exclusively to or at
the order of the licensor;
(C) Who manufactures or manufactured electronic devices without affixing
a brand;
(D) Who manufactures or manufactured electronic devices to which it
affixes or affixed a brand that it neither owns or owned nor is or was licensed
to use; or
(E) For whose account electronic devices manufactured outside the
United States are or were imported into the United States; provided that if at
the time those electronic devices are or were imported into the United States and
another person has registered as the manufacturer of the brand of the electronic
devices, this subparagraph shall not apply; and
(2) Shall not include persons who sold fewer than one hundred electronic devices in the State during the previous calendar year.
"Person" means any individual,
business, partnership, limited liability company, corporation, not-for-profit organization,
association, government entity, public benefit corporation, or public authority.
["Program year" means a full
calendar year beginning on or after January 1, 2010, and each calendar year
thereafter beginning on January 1.
"Recover" means to reuse or
recycle.]
"Recycler" means any
person who engages in the recycling of electronic devices for the purposes of this
chapter.
"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.
"Reuse" means any operation
by which an electronic device changes ownership and is used for the same purpose
for which it was originally purchased.
"Sell" or "sale" means
any transfer for consideration of title, including transactions conducted
through sales outlets, catalogs, or the Internet, but excluding leases.
["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 4. 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
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 5. Section 339D-8, Hawaii Revised Statutes, is amended as follows:
1. By
amending subsections (a) to (d) to read:
"(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 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."
2. By
amending subsection (g) to read:
"(g)
If a [covered television] manufacturer fails to [recycle its
market share allocation,] meet its recycling goals pursuant to section 339D-A(c),
the department shall impose a penalty of [50 cents] $1.50 per
pound for each pound not recycled."
SECTION 6. 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] electronic
devices except those noted in [sections 339D-4 and] section
339D-22."
SECTION 7. 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] manufacturers
and issue a report to the legislature no later than April 1, 2012, and annually
each year thereafter."
SECTION 8. Section 339D-12, Hawaii Revised Statutes, is amended to read as follows:
"§339D-12 Federal preemption. [(a) Part II 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 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] electronic devices
that substantially meets the intent of [[]part IV[]] of this chapter."
SECTION 9. Chapter 339D, part IV, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"[[]Part IV.[] TELEVISION] Electronic device recycling and RECOVERY
SYSTEM"
SECTION 10. Section 339D-21, Hawaii Revised Statutes, is amended to read as follows:
"[[]§339D-21[]]
Applicability. The recycling
provisions of this part shall apply only to [covered televisions] electronic
devices used and discarded in [this] the State [by a
covered entity]."
SECTION 11. Section 339D-22, Hawaii Revised Statutes, is amended to read as follows:
"[[]§339D-22[] Television manufacturers.] Manufacturers.
(a) No [television] manufacturer
shall sell or offer for sale any new [covered television] electronic device
in [this] the State unless:
(1) The [covered television]
electronic device is labeled with a brand, whether licensed or owned,
and the label is permanently affixed; and
(2) The brand is included in a registration that is filed with the department and that is effective pursuant to subsection (b).
(b) By January 1, [2010,] 2023, before
selling or offering for sale any [covered television] electronic device
in the State, each [television] manufacturer shall register with the department
and pay to the department a registration fee of [$2,500.] $5,000. Thereafter, if a [television] manufacturer
has not previously registered, the [television] manufacturer shall
register with the department prior to any offer for sale for delivery in [this]
the State of the [television] manufacturer's new [covered
televisions.] electronic device.
(c)
Each [television] manufacturer who is registered shall submit an
annual renewal of its registration and payment of a registration fee of [$2,500]
$5,000 to the department by January 1 of each [program] year.
(d)
The registration and each renewal shall include a list of all of the [television]
manufacturer's brands of [covered televisions] electronic devices
and shall be effective on the second day of the succeeding month after receipt
by the department of the registration or renewal.
(e)
A [television] manufacturer shall provide the department with
contact information for the [television] manufacturer's designated agent
or employee whom the department may contact for information on the [television]
manufacturer's compliance with the requirements of this section."
SECTION 12. Section 339D-23, Hawaii Revised Statutes, is amended to read as follows:
"[[]§339D-23[] Television manufacturer] Manufacturer responsibility.
(a) Beginning January 1, [2011,]
2023, a [television] manufacturer shall recycle or arrange for
the recycling or reuse of any [covered television] electronic device sold in
the State. Manufacturers shall fully fund
their recycling plan, including the collection, transportation, and recycling of
all electronic devices in the State.
(b) By [June 1, 2010,] September 1,
2022, 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] 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] collection
if the [covered television] electronic device is brought by the [covered
television] electronic device 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 from the owner's premises
at the owner's request and if the removal is not in conjunction with delivery
of a new [television] electronic device 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.]
(2) The
plan shall include a description of the methods for the convenient collection of
electronic devices at no cost to the owner, except as provided in paragraph (1). The recycling plan shall provide for collection
services of electronic devices in each county and zip code tabulation area, as
defined by the United States Census Bureau, with a population greater than twenty-five
thousand. The recycling plan shall include
at least one of the following:
(A) Staffed
drop-off sites;
(B) Alternative
collection services, including on-site pick-up services; or
(C) Collection
events held at an easily accessible, central location;
(3) The plan shall provide
collection services at a minimum of once per month;
(4) The plan shall not
contain only a mail-back option;
(5) The plan shall specify
the use of only collectors registered with the State pursuant to section 339D-D;
and
(6) The plan shall specify
the use of recyclers that have achieved and maintained third-party accredited certification
from the Responsible Recycling Standard for Electronics Recyclers (R2), Standard
for Responsible Recycling and Reuse of Electronic Equipment (e-Stewards), or an
internationally accredited third-party environmental management standard for the
safe and responsible handling of electronic devices.
(c)
The department shall review each [television] manufacturer's plan
and, within sixty days of receipt of the plan, determine whether the plan
complies with this part. If the plan is
approved, the department shall notify the [television] manufacturer or
group of [television] manufacturers.
If the plan is rejected, the department shall notify the [television]
manufacturer or group of [television] manufacturers and provide the
reasons for the plan's rejection. Within
thirty days after receipt of the department's rejection, the [television]
manufacturer or group of [television] manufacturers may revise and resubmit
the plan to the department for approval.
(d) [No
later than January 31, 2012, and each year thereafter, each television
manufacturer shall report to the department the total weight of covered
televisions that the television manufacturer collected in the State and recycled
during the previous year.] Each manufacturer may develop its own recycling
plan or may collaborate with other manufacturers; provided that the plan is implemented
and fully operational by January 1, 2023.
(e) The obligations under this chapter for a manufacturer that manufactures or manufactured electronic devices, or who sells or sold electronic devices manufactured by others, under a brand that was previously used by a different person in the manufacture of electronic devices, shall extend to all electronic devices bearing that brand."
SECTION 13. Section 339D-24, Hawaii Revised Statutes, is amended to read as follows:
"[[]§339D-24[]] Retailer responsibility.
(a) Beginning January 1, [2011,]
2023, no retailer shall sell or offer to sell any [covered television]
electronic device in [this] the State unless a visible,
permanent label clearly identifying the manufacturer of that device is affixed
to the equipment and the [television] manufacturer has registered with
the State.
(b)
Beginning January 1, [2011,] 2023, retailers shall make
available to their customers information on collection services for discarded [televisions]
electronic devices in the State and shall include the department's website
address and toll-free telephone number.
Remote retailers may include this information in a visible location on
their website to fulfill this requirement.
(c)
Retailers shall not be liable in any way for electronic data or other
information that a consumer may have stored on [a covered television] an
electronic device that is recovered or recycled."
SECTION 14. Section 339D-25, Hawaii Revised Statutes, is amended to read as follows:
"[[]§339D-25[] Television] Electronic device recovery system[.];
consumer education. [(a)
The department shall use state-specific television sales data or
national television sales data available from commercially available analytical
sources to determine each television manufacturer's recycling responsibilities
for covered televisions based upon the television manufacturer's market share. If the department uses national sales data,
the department shall extrapolate data for the State from national data on the
basis of the State's share of the national population. The department shall seek to establish the
most accurate determination of each [television] manufacturer's market share
and may rely on supplemental sources of information to achieve this goal.
(b)
No later than March 15, 2012, and annually thereafter, the department shall
notify each television manufacturer of its recycling obligation. Each television manufacturer's obligation
shall be based on that television manufacturer's market share from the previous
year multiplied by the total pounds of covered televisions recycled by all television
manufacturers during the previous program year.
(c)] (a) The department shall develop a consumer
education program about the [covered television] electronic device
recycling program.
[(d)] (b) Beginning January 1, [2011,] 2023,
the department shall display on its website a toll-free number and current
information on [covered television] electronic device recycling
locations."
SECTION 15. Section 339D-26, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) All [covered
televisions] electronic devices recovered pursuant to this part shall
be recycled in a manner that complies with all applicable federal, state, and county
laws and requirements."
SECTION 16. Section 339D-27, Hawaii Revised Statutes, is amended to read as follows:
"[[]§339D-27[]] State procurement.
All state and county agencies that purchase or lease any [covered
television] electronic device shall require each prospective offeror
to certify compliance with this part.
Failure to provide certification shall disqualify the prospective offeror."
SECTION 17. Chapter 339D, part II, Hawaii Revised
Statutes, is repealed.
SECTION 18. 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 19. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 20. This Act shall take effect on July 1, 2022.
Report Title:
Electronic Devices; Manufacturers; Televisions; Recycling and Recovery
Description:
Changes the Electronic Waste and Television Recycling and Recovery Act to the Electronic Device Recycling and Recovery Act. Establishes electronic device manufacturer recycling goals and record keeping and reporting requirements for manufacturers and collectors. Requires collectors to register with the department of health. Expands the recycling and collection requirements of televisions to all electronic devices. Requires the electronic device recycling and recovery program to include, among other things, a description of the methods for the convenient collection of electronic devices. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
