Bill Text: HI SB2203 | 2022 | Regular Session | Introduced
Bill Title: Relating To Sustainable Electronics Management.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-02-07 - The committee on GVO deferred the measure. [SB2203 Detail]
Download: Hawaii-2022-SB2203-Introduced.html
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THE SENATE |
S.B. NO. |
2203 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SUSTAINABLE ELECTRONICS MANAGEMENT.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that while recycling of electronic devices prevents valuable materials from going into the waste stream, preventing waste in the first place is preferable to any waste management option. Refurbishing used but still functioning electronic devices for reuse extends the lives of valuable products and keeps them out of the waste stream for a longer duration. Refurbishing used electronic devices also allows new users, such as schools, nonprofit organizations, and lower‑income families, to obtain equipment that they otherwise cannot afford.
The purpose of this Act is to promote electronics stewardship and reduce electronic waste in the State by requiring state departments and agencies to transfer certain electronic devices to the department of accounting and general services, which will refurbish and distribute these devices to eligible entities in the State.
"CHAPTER A
SUSTAINABLE STATE ELECTRONICS ACT
§A-1 Short title. This chapter shall be known as the "Sustainable State Electronics Act".
§A-2 Definitions. As used in this chapter, unless the context requires otherwise:
"Covered electronic device" has the same meaning as defined in section 339D-1. "Covered electronic device" includes enterprise information technology hardware, including data storage devices, network equipment, servers, and server racks.
"Covered entity" means any department, unit, or agency of the state government.
"Covered refurbisher" means an
organization that:
(1) Is exempt from taxation under section 501(c)(3) of the United States Internal Revenue Code;
(2) Is registered with the business registration division of the department of commerce and consumer affairs to conduct business in this State;
(3) Maintains a physical place of operation in this State to receive and distribute excess electronic devices;
(4) Has the ability to repair, upgrade, and refurbish excess electronic devices for use under this chapter;
(5) Is registered with the department as a covered refurbisher under this chapter; and
(6) Satisfies other criteria to operate as a covered refurbisher under this chapter, as determined by the department.
"Covered television" has the same
meaning as defined in section 339D-1.
"Department" means the department
of accounting and general services.
"Excess electronic device" means any
covered electronic device or covered television that is:
(1) Owned and controlled by the State;
(2) No longer necessary for the operations of the State, as determined by the covered entity; and
(3) Properly functioning or may be repaired, upgraded, or refurbished for use, as determined by the covered entity.
"Lease" means any transfer of the right to possession and use of goods for a term in return for consideration.
"Nonpublic information" means information that is not:
(1) Public record as defined in rule 1001(5), Hawaii Rules of Evidence, as set forth in of section 626-1; or
(2) A government record that must be disclosed under section 92F-12.
"Person" means any individual, business, partnership, limited liability company, corporation, nonprofit organization, association, government entity, public benefit corporation, or public authority.
"Personal information" means the same as defined under section 487R-1.
"Refurbished
device" means an excess electronic device or covered television that is not
functioning properly that has been refurbished.
"Sell" or "sale" means any transfer of title to goods in return for consideration.
§A-3
Covered entity responsibility. (a) No later than
January 1, 2023, and at minimum, each year thereafter, each covered entity shall:
(1) Identify
any excess electronic devices and covered televisions that are not working properly;
and
(2) Transfer
possession of the excess electronic devices and covered televisions that are not
working properly to the department.
(b) A covered entity, prior to the transfer of an excess electronic device under this section, shall remove data from the device, including but not limited to personal information and nonpublic information, according to the rules adopted by the department under this chapter. To the maximum extent practicable, the covered entity shall remove data using a means that does not remove, disable, or destroy critical functions, or otherwise render the excess electronic device unusable. The covered entity shall be allowed to remove any data storage devices from any excess electronic device before transferring the device to the department.
§A-4
Department responsibility. (a) Beginning January 1, 2023, the department
shall maintain and update a website with current information on covered
refurbishers available in the State. The
department shall notify all covered entities of their new responsibilities under
this chapter.
(b) No later than April 1, 2023, and each year thereafter, the department shall compile information regarding the excess electronic devices that were received, refurbished, recycled, and distributed during the previous year and submit a report to the legislature.
(c) Upon receipt
of an excess electronic device or covered television that is not functioning properly, the department
shall examine the excess electronic device or covered television that is not
functioning properly and determine if it may be repaired, updated, or
refurbished for use. The department may request
a covered refurbisher to examine the excess electronic device or covered television
that is not functioning properly and determine if it may be repaired, updated,
or refurbished for use.
(d) Upon repair,
update, or refurbishment of a device, the department may transfer the possession
of the refurbished device, in the following order of priority, to:
(1) The covered entity that transferred the device to the department;
(2) Other covered entities in need of the refurbished device; and
(3) A person who is:
(A) A resident of this State; and
(B) Determined to be in need in accordance with rules adopted by the department under this chapter.
The department shall document and keep records of all transfers of property made pursuant to this section. No person who received title to and possession of a refurbished device under this chapter shall sell or lease the refurbished device.
§A-5 Covered refurbisher responsibility. (a) A covered refurbisher, upon request from the department under this chapter, shall examine an excess electronic device or covered television and determine if the excess electronic device or covered television is functioning properly or may be repaired, updated, or refurbished for use; provided that:
(1) Upon the determination that the covered electronic device or covered television can be repaired, updated, or refurbished for use, the department shall refurbish the excess electronic device or covered television that is not working properly for use; or
(2) Upon the determination that the covered electronic device or covered television that is not working properly cannot be repaired, updated, or refurbished for use, the department shall recycle the covered electronic device or covered television that is not working properly in compliance with applicable law.
(b) A covered refurbisher shall not be liable for electronic data or other information remaining on an excess electronic device under this chapter.
§A-6 Sustainable state electronics special fund. (a) There is established in the state treasury the sustainable state electronics special fund, to be administered by the department, into which shall be deposited:
(1) All revenues from the operations of this chapter; and
(2) All administrative penalties or fees collected by the department under section A-7.
(b) Moneys in the sustainable state electronics special fund shall be used for the administration of this chapter.
§A-7 Administrative rules; enforcement; fees. (a) The department shall establish rules pursuant to chapter 91 to implement the purposes of this chapter, including any administrative penalties or fees.
(b) The attorney general may file suit in the name of the State to enjoin an activity related to the sale or lease of excess electronic devices in violation of this chapter.
(c) Any person found in violation of this chapter may be assessed a penalty not to exceed $1,000 for the first violation and not to exceed $2,000 for the second and each subsequent violation."
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. This Act shall take effect on July 1, 2022.
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INTRODUCED BY: |
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Report Title:
Sustainable Electronics Management; Excess Electronic Devices; Covered Televisions; Reuse
Description:
Requires state departments and agencies to transfer certain electronic devices to the Department of Accounting and General Services, which may refurbish and distribute these devices to eligible entities in the State or eligible private persons, as determined by rule.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
