REPORT TITLE:
Lead Acid Batteries


DESCRIPTION:
Proposes a deposit charge of $      on the sale of all motor
vehicle batteries and other lead acid batteries, which is to be
refunded when purchasers return the batteries for exchange.
Establishes the motor vehicle battery and other lead acid battery
recycling special fund.  Appropriates funds.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1593
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO SPECIAL WASTES RECYCLING.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 342I, Hawaii Revised Statutes, is
 
 2 amended by adding four new sections to part I to be appropriately
 
 3 designated and to read as follows:
 
 4      "342I-A  Motor vehicle battery and other lead acid battery
 
 5 recycling special fund; establishment and uses.  (a)  There is
 
 6 established in the state treasury, a special fund to be known as
 
 7 the motor vehicle battery and other lead acid battery recycling
 
 8 special fund.  The special fund shall be administered by the
 
 9 department of health.  The special fund shall consist of all
 
10 moneys collected by the director of health pursuant to section
 
11 342I-B and shall be held separate and apart from all other
 
12 moneys, funds, and accounts in the state treasury.  Earnings
 
13 credited to the deposit or investment of the moneys in the
 
14 special fund shall become a part of the fund.
 
15      (b)  All costs associated with the implementation of the
 
16 motor vehicle battery and other lead acid battery recycling
 
17 program, including the hiring of necessary staff, shall be paid
 
18 from the special fund.
 
19      342I-B  Motor vehicle battery and other lead acid battery
 
20 deposit; payment of deposit.  Beginning July 1, 2000, every
 

 
Page 2                                                     
                                     S.B. NO.           1593
                                                        
                                                        

 
 1 retailer selling or offering to sell motor vehicle batteries or
 
 2 other lead acid batteries in this State shall pay to the director
 
 3 of health a deposit of not less than $      for each motor
 
 4 vehicle battery or other lead acid battery sold.  Deposits shall
 
 5 be paid to the director of health not less than once a month.
 
 6      342I-C  Motor vehicle battery and other lead acid battery
 
 7 deposit; refunding of deposit.  Beginning August 1, 2000, every
 
 8 person accepting used motor vehicle batteries or other lead acid
 
 9 batteries in this State shall refund to an individual turning in
 
10 a motor vehicle battery or other lead acid battery a deposit of
 
11 not less than $      for each motor vehicle battery or other lead
 
12 acid battery turned in.  Deposits shall be refunded to these
 
13 individuals when the motor vehicle battery or other lead acid
 
14 battery is turned in.
 
15      342I-D  Motor vehicle battery and other lead acid battery
 
16 deposit; remittance of deposit.  Beginning August 1, 2000, the
 
17 director of health shall remit to every person accepting
 
18 batteries or other lead acid batteries in this State a deposit of
 
19 not less than $      for each motor vehicle battery or other lead
 
20 acid battery turned in to an approved recycler or disposer of
 
21 motor vehicle batteries or other lead acid batteries.  Deposits
 
22 shall be remitted to these persons not less than once a month."
 
23      SECTION 2.  Section 342I-2, Hawaii Revised Statutes, is
 

 
Page 3                                                     
                                     S.B. NO.           1593
                                                        
                                                        

 
 1 amended to read as follows:
 
 2      "342I-2 Lead acid batteries; collection for recycling.
 
 3 (a)  A person selling lead acid batteries at retail or offering
 
 4 lead acid batteries for retail sale in the State shall:
 
 5      (1)  Accept, at the point of transfer, in a quantity at
 
 6           least equal to the number of new batteries purchased,
 
 7           used lead acid batteries from customers, if offered by
 
 8           customers; and
 
 9      (2)  Post written notice that shall be at least five inches
 
10           by seven inches in size and shall contain the universal
 
11           recycling symbol and the following language:
 
12           (A)  "It is illegal to discard a motor vehicle battery
 
13                or other lead acid battery";
 
14           (B)  "Recycle your used batteries";
 
15           (C)  "State law requires us to accept used motor
 
16                vehicle batteries or other lead acid batteries for
 
17                recycling, in exchange for new batteries
 
18                purchased"; [and]
 
19           (D)  "The price of a new battery includes disposal of
 
20                your old battery"[.]; and
 
21           (E)  "When you buy a battery, state law requires us to
 
22                include a deposit charge of $     , which will be
 
23                refunded when you return the battery for
 

 
Page 4                                                     
                                     S.B. NO.           1593
                                                        
                                                        

 
 1                exchange".
 
 2      [(3)] (b)  Any advertising pertaining to the price of lead
 
 3 acid batteries shall include the statement "The price includes
 
 4 disposal of your old battery".
 
 5      [(4)] (c)  For businesses utilizing advertising prepared out
 
 6 of the State a sign no smaller than three square feet, placed at
 
 7 the point of sale stating:  "The price of the battery includes
 
 8 disposal of your old battery" may be substituted."
 
 9      SECTION 3.  Section 342I-5, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "[[]342I-5[]]  Enforcement[.]; rules.  The department of
 
12 health shall enforce this part[.] and may adopt rules in
 
13 accordance with chapter 91 to carry out its purposes."
 
14      SECTION 4.  In codifying the new sections added to chapter
 
15 342I, Hawaii Revised Statutes, by section 1 of this Act, the
 
16 revisor of statutes shall substitute appropriate section numbers
 
17 for the letters used in the designation of the new sections in
 
18 this Act.
 
19      SECTION 5.  There is appropriated out of the general
 
20 revenues of the State of Hawaii the sum of $        , or so much
 
21 thereof as may be necessary for fiscal year 1999-2000, to be paid
 
22 into the motor vehicle battery and other lead acid battery
 
23 recycling special fund established by this Act.
 

 
Page 5                                                     
                                     S.B. NO.           1593
                                                        
                                                        

 
 1      SECTION 6.  The sum appropriated shall be expended by the
 
 2 department of health for the purposes of this Act.
 
 3      SECTION 7.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 8.  This Act shall take effect upon its approval.
 
 6 
 
 7                           INTRODUCED BY:_________________________