Bill Text: HI SB987 | 2025 | Regular Session | Introduced
Bill Title: Relating To Recycling.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-23 - Referred to AEN, CPN. [SB987 Detail]
Download: Hawaii-2025-SB987-Introduced.html
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THE SENATE |
S.B. NO. |
987 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to recycling.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 151, Session Laws of Hawaii 2022, amended the Electronic Device Recycling and Recovery Act to make wholesale changes to the state electronic waste recycling program. The purpose of Act 151 included, among other things, expanding the definition of "electronic waste" to cover more electronic devices, establishing manufacturer recycling goals, and requiring manufacturers to pay for convenient recycling options for consumers.
However, the changes made through Act 151 have been slow to increase electronic waste collection sites and make recycling more convenient for residents of the State. In addition, in the implementation of Act 151, manufacturers have struggled to comply with all new requirements, especially due to increased weight targets and increased penalties for failing to meet the electronic device collection requirements. Weight targets have been particularly problematic since the weights of electronic devices have decreased over time, and for that reason, many other states and localities have moved away from using weight requirements.
The legislature further finds that incentivizing more permanent recycling sites and events and adding certain legacy and peripheral devices to the law will expand recycling access and convenience to the general public.
Accordingly, the purpose of this Act is to amend the Electronic Device Recycling and Recovery Act by:
(2) Expanding the scope of covered electronic devices to include electronic device peripherals and certain legacy devices; and
(3) Requiring manufacturers to provide free collection service locations for residents of every zip code containing twenty-five thousand or more residents, one on-site collection service location on the island of Molokai, and at least four collection events annually on the county of Hawaii outside of Kona and Hilo.
SECTION 2. Chapter 339D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§339D- Manufacturer
coordination. A manufacturer, a group of manufacturers,
or a coordinating body acting in accordance with this part may negotiate, enter
into contracts with, collaborate, coordinate, or otherwise conduct business
with each other and with any other entity developing, implementing, operating,
participating in, or performing any other activities directly related to a plan
to recycle covered electronic devices approved pursuant to this part. The manufacturer, group of manufacturers, and
any entity developing, implementing, operating, participating in, or performing
any other activities related to a plan to recycle covered electronic devices
approved pursuant to this part shall not be subject to damages, liability, or
scrutiny under federal antitrust law or chapter 480, regardless of the effects
of their actions on competition. The
supervisory activities described in this part are sufficient to confirm that
activities of the manufacturers, a group of manufacturers, and any entity
developing, implementing, operating, participating in, or performing any other
activities related to a manufacturer plan to recycle covered electronic devices
that is approved are authorized and actively supervised by the State."
SECTION 3. Section 339D-1, Hawaii Revised Statutes, is amended as follows:
1.
By amending the definition of "electronic device" to read:
"["Electronic] "Covered
electronic device":
(1) Means:
(A) A
computer, computer printer, computer monitor, facsimile machine,
videocassette recorder, portable digital music player that has memory
capability and is battery powered, digital video disc player, digital video
disc recorder, router designed for household use, modem designed for household
use, 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
(C) Electronic
device peripherals, including:
(i) A
keyboard, mouse, or other device sold exclusively for external use with a covered
electronic device as a wireless or corded device that provides input into, or
output from, a covered electronic device;
(ii) Cords
used with a covered electronic device or other electronic device peripheral;
(iii) Power
supplies and adapters designed to support a covered electronic device;
(iv) Speakers
used with a computer or television and television sound bars; and
(v) Video
game consoles; and
(2) Shall not include:
(A) [An] 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) [An] 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) [An] 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;
(D) A telephone of any type including a mobile telephone; or
(E) A global positioning system."
2.
By amending the definition of "manufacturer" to read:
""Manufacturer":
(1) Means
any 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 subparagraph shall not
apply; and
(2) Shall not include
persons [who]:
(A) Who
sold fewer than one hundred covered electronic devices in the State
during the previous calendar year[.];
(C) Who manufacture only electronic device peripherals and no other covered electronic devices."
3.
By amending the definition of "reuse" to read:
""Reuse" means any
operation by which [an] a covered electronic device changes
ownership and is used for the same purpose for which it was originally
purchased."
SECTION 4. Section 339D-23, Hawaii Revised Statutes, is amended to read as follows:
"§339D-23 Manufacturer responsibility.
(a) Beginning January 1, 2023, a
manufacturer shall recycle or arrange for the recycling or reuse of any covered
electronic device sold in the State.
Manufacturers shall fully fund their recycling plan, including the
collection, transportation, and recycling of all covered electronic
devices in the State.
(b)
By September 1, 2022, and annually thereafter, each manufacturer shall
submit a plan to the department to establish, conduct, and manage a program for
the recycling of 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 collection 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 manufacturer or 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 covered electronic
device to the owner;
(2) The
plan shall include a description of the methods for the convenient collection
of covered electronic devices at no cost to the owner, except as
provided in paragraph (1). The recycling
plan shall provide for collection services of covered 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-28; 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 covered electronic devices.
(c)
The department shall review each 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 manufacturer or group of manufacturers. If the plan is rejected, the department shall
notify the manufacturer or group of manufacturers and provide the reasons for
the plan's rejection. Within thirty days
after receipt of the department's rejection, the manufacturer or group of
manufacturers may revise and resubmit the plan to the department for approval.
(d) 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]. Manufacturers
who collaborate on plans designed to comply with the requirements in section
339D-23.1(f) may coordinate such plans in any program year.
(e) The obligations under this chapter for a manufacturer that manufactures or manufactured covered electronic devices, or who sells or sold covered electronic devices manufactured by others, under a brand that was previously used by a different person in the manufacture of covered electronic devices, shall extend to all covered electronic devices bearing that brand."
SECTION 5. Section 339D-23.1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§339D-23.1[]]
Manufacturer recycling goals. (a)
The department shall use the best available information to establish the
weight of all covered electronic devices sold in the State, including
the reports submitted pursuant to section 339D-23.3, 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 covered electronic devices according to the following:
(1) Beginning January 1, 2023, the equivalent of fifty per cent, by weight, of the manufacturer's covered 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 covered 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 covered electronic devices sold in the State two years prior, unless amended by rule pursuant to chapter 91.
(d) A manufacturer may collect any covered electronic device to meet its recycling goal.
(e) A manufacturer may consider reused covered electronic devices toward achieving its recycling goals.
(f) A manufacturer shall be considered to have
satisfied the recycling obligations under subsection (c) if the manufacturer
meets the requirements of section 339D-23(b)(2) by providing:
(1) On-site
collection service locations for recycling at no cost in each county and zip
code tabulation area, as defined by the United States Census Bureau, with a
population greater than twenty-five thousand;
(2) One on-site
collection service location on the island of Molokai; and
(3) Four or more
collection events in the county of Hawaii outside of Kona and Hilo.
(g) A manufacturer may collaborate to provide
collection locations under subsection (f) collectively through a coordinating
body designated by manufacturers for this purpose or as individual
manufacturers; provided that:
(1) If actual
collection for a manufacturer under this section differs from the
manufacturer-specific recycling goals established by the department, a
coordinating body may use the proportional obligations reflected in those department-calculated
goals to reconcile each participating manufacturer's obligation; and
(2) A manufacturer choosing to collaborate to provide collection locations under subsection (f) collectively, pursuant to this subsection, shall disclose to the department its intent to do so and specify the designated coordinating body in its annual plan to be submitted pursuant to section 339D-23(b)."
SECTION 6.
Sections 339D-8, 339D-10, 339D-21, 339D-22, 339D-23.3, 339D-24, 339D-25,
and 339D-27, Hawaii Revised Statutes, are amended by substituting the phrase
"covered electronic device", or similar term, wherever the phrase
"electronic device", or similar term, appears, as the context
requires.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Covered Electronic Devices; Collection; Recycling; Manufacturers
Description:
Allows manufacturers to coordinate activities directly related to the recycling of covered electronic devices. Expands the scope of covered electronic devices to include electronic device peripherals and certain legacy devices. Requires manufacturers to provide free collection service locations and collection events.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
