Batteries, tires
Requires scrap tire haulers to provide evidence of the proper
disposal of used tires.  Requires a $10 core charge if no old
battery is presented for disposal when a new battery is
purchased.  (HB900 HD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 1      SECTION 1.  The legislature finds that existing law is
 2 failing to keep discarded lead batteries and tires from ending up
 3 in public places, landfills, and illegal dump sites.  The
 4 legislature further finds that imposition of a core charge at the
 5 point of sale of lead batteries, to be waived only on sales that
 6 involve an exchange of at least as many old batteries as those
 7 newly purchased, is necessary to encourage their proper disposal.
 8      The legislature further finds that requiring scrap tire
 9 haulers to provide evidence that their used tires are being
10 properly disposed will reduce the problem of discarded tires.
11      SECTION 2.  Chapter 342I, Hawaii Revised Statutes, is
12 amended by adding a new section to be appropriately designated
13 and to read as follows:
14      "342I-     Scrap tires; haulers, recordkeeping
15 requirements.  (a)  All scrap tire haulers shall provide
16 evidence, to the retailer from which the tires were collected, of
17 delivery of the used motor vehicle tires to a permitted tire
18 processor or recycler.

Page 2                                                     900
                                     H.B. NO.           H.D. 1

 1      (b)  All motor vehicle tire retailers shall require from
 2 scrap tire haulers evidence that their used tires are being
 3 disposed of through a permitted tire processor or recycler.
 4      (c)  All retailers of motor vehicle tires shall maintain
 5 records of the disposal or recycling of their used tires for a
 6 minimum of three years.  The records shall be made available for
 7 review by the department of health on request."
 8      SECTION 3.  Section 342I-2, Hawaii Revised Statutes, is
 9 amended to read as follows:
10      "342I-2 Lead acid batteries; collection for recycling.  A
11 person selling lead acid batteries at retail or offering lead
12 acid batteries for retail sale in the State shall:
13      (1)  Accept, at the point of transfer, in a quantity at
14           least equal to the number of new batteries purchased,
15           used lead acid batteries from customers, if offered by
16           customers; and
17      (2)  Post written notice that shall be at least five inches
18           by seven inches in size and shall contain the universal
19           recycling symbol and the following language:
20           (A)  "It is illegal to discard a motor vehicle battery
21                or other lead acid battery";
22           (B)  "Recycle your used batteries";

Page 3                                                     900
                                     H.B. NO.           H.D. 1

 1           (C)  "State law requires us to accept used motor
 2                vehicle batteries or other lead acid batteries for
 3                recycling, in exchange for new batteries
 4                purchased"; and
 5           (D)  "The price of a new battery includes disposal of
 6                your old battery[".] and a core charge of ten
 7                dollars if no old battery is presented for
 8                disposal."
 9      (3)  Any advertising pertaining to the price of lead acid
10           batteries shall include the statement "The price
11           includes disposal of your old battery[".] and a core
12           charge of ten dollars if no old battery is presented
13           for disposal."
14      (4)  For businesses utilizing advertising prepared out of
15           the State a sign no smaller than three square feet,
16           placed at the point of sale stating:  "The price of the
17           battery includes disposal of your old battery" may be
18           substituted."
19      SECTION 4.  Statutory material to be repealed is bracketed.
20 New statutory material is underscored.
21      SECTION 5.  This Act shall take effect upon its approval.