TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO RECYCLING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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 electronic device [
or a covered television],
rather than any of its components.
"Collector" means a person who accepts covered electronic devices for reuse or delivers the devices to a recycler for the purposes of this chapter.
"Covered electronic device":
(1) Means [
a computer, computer printer, computer
monitor, or portable computer with a screen size greater than four inches
measured diagonally;] electronic equipment intended for use by consumers
and businesses, such as televisions and their peripherals; computers and their
peripherals; and similar devices used by consumers and businesses; 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;
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] Children's toys that meet
the ASTM International F963 standard for toy safety;
(D) Equipment intended to change the physical properties of ambient air;
(E) Lamps and other devices to provide artificial illumination;
(F) Major appliances;
(G) Personal hygiene products;
(H) Power tools;
(I) Small appliances;
(D)](J) A telephone of any
(K) White goods.
"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.]
"Department" means the department of health.
"Electric devices" means any device or appliance that operates on electricity.
"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 refurbish,
repair, or reuse damaged or used covered electronic devices or who
manufacture no more than one hundred [
computers] covered electronic
devices 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.
"Major appliances" means major appliances and any component or replacement parts, including refrigerators, freezers, other refrigeration appliances, clothes washers; clothes dryers, central air conditioners, range and ovens, microwave ovens, dishwashers, air conditioners, dehumidifiers, humidifiers, air purifiers, electric water dispensers, compactors, food waste disposals, heating, ventilation, air conditioning, refrigeration, and water heating equipment, furnaces, water heaters, boilers and other similar major appliances.
"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.
"Peripheral" means any electrically powered device intended for use with a computer, television or similar device.
"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.
"Recycling" means processing
(including disassembling, dismantling, or shredding) covered electronic devices
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.
"Refurbish" means to recondition or repair a used product to restore it to a saleable or, if donated, useable condition.
"Representative organization" means a nonprofit organization created to administer and govern the collection, transportation, and recycling program on behalf of the electronic device manufacturers who are its constituent members.
"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.
"Small appliances" means small appliances and any component or replacement part, including air treatment products, kitchen appliances, beverage makers, garment care products, personal care products, vacuum cleaners, and other similar household small appliances.
"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).]
"White goods" means discarded major appliances, including but not limited to clothes dryers, hot water heaters, refrigerators, stoves and washing machines.
SECTION 2. Chapter 339D, part II, Hawaii Revised Statutes, is amended to read as follows:
"§339D-3 Sales prohibition. (a)
January 1, 2010] December 1, 2014, no electronic
device manufacturer or retailer shall sell or offer for sale any new covered
electronic device for delivery in this State unless:
(1) The covered electronic device is labeled with a brand, and the label is permanently affixed and readily visible; and
(2) The brand is included in a registration that is filed with the department and that is effective pursuant to section 339D-4(b)(3).
(b) Beginning April 1, [
the department shall maintain a list of each registered electronic device
manufacturer or representative organization and the brands reported in
each electronic device manufacturer's registration or representative
organization's registration. [ and a list of brands for which no
electronic device manufacturer has registered. The lists shall be posted on the
department website and shall be updated by the first day of each month] The
list shall be posted on the department website and shall be updated as necessary.
Each retailer who sells or offers for sale any new covered electronic device
for delivery in this State shall review these lists prior to selling the
covered electronic device. A retailer is considered to have complied with
subsection (a) if, on the date a new covered electronic device was ordered by
the retailer, the brand was included on the [ department's] website's
list of registered brands [ reported in an electronic device
§339D-4 Electronic device manufacturer responsibility.
(a) Beginning [
October 1, 2009] January 1, 2014, each
electronic device manufacturer shall label all new covered electronic devices [ to
be offered for sale for delivery in this State] with a brand, for which
the label shall be permanently affixed and readily visible.
(b)(1) By January 1, [
2009,] 2014, each
electronic device manufacturer of new covered electronic devices offered for
sale for delivery in this State or a representative organization of
such electronic device manufacturers shall register with the department and
pay to the department a registration fee of $5,000 for each individual
manufacturer or $20,000 for each representative organization. Thereafter,
if an electronic device manufacturer has not previously registered or is not
a member of a representative organization, the electronic device
manufacturer shall register with the department prior to any offer for sale for
delivery in this State of the electronic device manufacturer's new covered
(2) Each electronic device manufacturer or representative organization who is registered shall submit an annual renewal of its registration with the payment of a registration fee of $5,000 for each individual manufacturer or $20,000 for each representative organization, by January 1 of each program year; and
(3) The registration and each renewal shall include a list of all of the electronic device manufacturer's or representative organization's brands of covered electronic devices and shall be effective on the second day of the succeeding month after receipt by the department of the registration or renewal;
(c) Each electronic device manufacturer may
develop its own recycling program or may collaborate with other electronic
device manufacturers in a representative organization, so long as the program
is implemented and fully operational no later than January 1, 2014; provided
that the representative organization is responsible for assessing the costs and
collections among its members. By [
June 1, 2009,] October 1, 2013,
and annually thereafter, each representative organization and each
electronic device manufacturer not participating in a representative
organization shall submit a plan to the department to establish, conduct,
and manage a program for the collection, transportation, and recycling of its
covered electronic devices sold in the State, which shall be subject to the
(1) The plan shall not permit the charging of a fee at the point of recycling 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 electronic device manufacturer or electronic device 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 electronic device to the owner; and
Each electronic device manufacturer may
develop its own recycling program or may collaborate with other electronic
device manufacturers, so long as the program is implemented and fully
operational no later than January 1, 2010.] 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 for in subsection (c)(1). The
recycling plan shall provide for collection services of covered electronic
devices in each county of the State and zip code tabulation areas, 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 site;
(B) Alternative collection service such as on-site pick-up service; or
(C) Collection events held at an easily accessible, central location;
(3) Collection services shall be provided, at a minimum, once in each quarter of the year;
(4) Plans that contain only a mail-back option shall not be allowed;
(5) Plans shall specify the use of only collectors registered, for the purposes of this chapter, with the State; and
(6) Plans shall specify the use of recyclers that have achieved and maintained third-party accredited certification from: the Responsible Recycling (R2) Practices Standard, the e-Stewards Standard, or an internationally accredited third-party environmental management standard for the safe and responsible handling of electric devices;
(d) By March 31, 2011, and annually thereafter, each electronic device manufacturer shall submit to the department the total weight of all covered electronic devices recycled in the previous year, which may include both an electronic device manufacturer's own covered electronic devices and those of other manufacturers.
(e) By July 1, 2011, and annually thereafter, the department shall publish a ranking of all electronic device manufacturers selling covered electronic devices in the State, based upon the annual total weight of covered electronic devices recycled by each electronic device manufacturer or representative organization in the previous year.
(f) The State may adopt regulations allowing a procurement preference based upon an electronic device manufacturer's ranking.
(g) The department shall review each
electronic device [
manufacturer's] recycling plan and, within sixty
days of receipt of the plan, shall determine whether the plan complies with
this part. If the plan is approved, the department shall notify the electronic
device manufacturer or [ group of electronic device manufacturers.] representative
organization. If the plan is rejected, the department shall notify the
electronic device manufacturer or [ group of electronic device manufacturers]
representative organization and provide the reasons for the plan's
rejection. Within thirty days after receipt of the department's rejection, the
electronic device manufacturer or [ group of electronic device manufacturers]
representative organization [ may] shall revise and
resubmit the plan to the department for approval.
(h) The obligations under this part for an electronic device manufacturer who 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.
(i) Nothing in this part is intended to exempt any person from liability that the person would otherwise have under applicable law.
§339D-A Recycling goals. (a) The department shall use the best available information to establish the weight of all electric devices sold in the State, including but not limited to 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 September 1, 2013, and annually thereafter, the department shall notify each electronic device manufacturer or representative organization of its recycling obligation.
(c) For 2014, each electronic device manufacturer or representative organization shall collect and recycle the equivalent of 60 per cent, by weight, of their products sold in the state two years prior.
(1) For 2015, the goal shall be 70 per cent, by weight, of their products sold in the state two years prior, unless amended by rule pursuant to chapter 91; and
(d) Electronic device manufacturers and representative organizations may count reused electronic devices towards their recycling goal.
(e) Electronic device manufacturers and representative organizations may collect any electronic device or electric device to meet their recycling goal.
(f) Collectors collecting covered electronic devices on behalf of electronic device manufacturers or representative organizations may limit the type of electronic devices or electric devices that they will accept and may limit the number of items that they will accept from a single person; provided that they shall clearly indicate those limits on signage at their collection sites and on their promotional literature.
§339D-B Record keeping requirements. (a) Each electronic device manufacturer or representative organization shall maintain records for a minimum five years for the following:
(1) The amount, in weight, of sales of their covered electronic devices in the state annually;
(2) The amount of electronic devices or electric devices it has collected for recycling or reuse by county; and
(3) The amount of electronic devices or electric devices recycled or reused by each recycler on behalf of the manufacturer.
(b) Nothing in this part is intended to exempt any person from liability that the person would otherwise have under applicable law.
§339D-C Reporting requirements. (a) By August 1, 2013, and annually thereafter, each electronic device manufacturer or representative organization shall report to the department its sales, by weight, of the manufacturer's or its members' covered electronic devices sold in the state the previous calendar year, categorized by product type.
(b) If the electronic device manufacturer or representative organization is unable to provide accurate sales data, it shall explain why the data cannot be provided. The electronic device manufacturer or representative organization shall then report an estimate of its sales data and provide an explanation on the methods used to derive the estimate.
(c) By March 31, 2014, and annually thereafter, each electronic device manufacturer or representative organization shall report to the department the total weight of all electronic devices or electric devices recycled or reused, by county, in the previous year. Reports shall be submitted on forms prescribed by the department.
§339D-D Collector registration. (a) By January 1, 2014, all collectors shall register with the department, using forms prescribed by the department, and pay to the department a registration fee of $250, provided that the registration fee shall be waived for any nonprofit organization that meets the requirements in section 501(c) of the Internal Revenue Code. Thereafter, if a collector has not previously registered, the collector shall register with the department prior to accepting electric devices. A registration shall be valid until December 31 of each year.
(b) Collectors shall submit an annual renewal of its registration with the payment of a registration fee of $250, by January 1 of each year; provided that the registration fee shall be waived for any nonprofit organization that meets the requirements in section 501(c) of the Internal Revenue Code.
§339D-E Collector record keeping requirements. Collectors shall maintain records for a minimum of five years for the following:
(1) The amount, in weight, of electric 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 electric devices sent for recycling or reuse.
§339D-F Collector reporting requirements. By March 31, 2015, and annually thereafter, each collector shall report to the department the weight of all electronic devices or electric devices collected for recycling or reuse in the previous year for the purposes of this chapter. Reports shall be submitted on forms prescribed by the department and shall indicate the weight of electronic devices or electric devices sent to each recycler. Collectors shall also report the amount of electronic devices or electric devices reused.
§339D-G Collector responsibility. (a) Collectors shall possess and maintain all necessary business and environmental permits.
(b) All collected electronic devices shall be sent for recycling or reuse.
§339D-5 Retailer responsibility. Beginning
January 1, [
2010,] 2014, retailers shall make available to their
customers information on collection services in the State[ , including the
department's website and toll-free telephone number]. [ Remote] Online
retailers may include this information in a visible location on their website
to fulfill this requirement.
§339D-6 Department responsibility. [
By January 1, [ 2010,] 2014, the department shall post
and maintain [ and update a website and a toll-free number with current
information on where covered entities can return covered electronic devices for
recycling.] information about recycling covered electronic devices on
SECTION 3. Chapter 339D, Part III, Hawaii Revised Statutes, is amended to read as follows:
III.] GENERAL PROVISIONS
§339D-7 Regulatory authority. The department may adopt rules, pursuant to chapter 91, necessary to implement this chapter.
§339D-7.5 Manufacturer and agent
responsibilities; regulatory compliance. Each covered electronic device
and television manufacturer] or representative
organization shall be responsible for ensuring that it 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
§339D-H Audit authority. The records of manufacturers, collectors, and recyclers shall be made available, upon request, for inspection by the department, a duly authorized agent of the department, or the office of the auditor.
§339D-8 Enforcement. [
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. (e) Except as provided in subsection (d),
any person who violates any requirement of this chapter may be assessed a
penalty of up to $1,000 for the first violation and up to $2,000 for the second
and each subsequent violation, in addition to any additional penalties required
or imposed pursuant to this chapter. (f) The department shall determine
additional penalties based on adverse impact to the environment, unfair
competitive advantage, and other considerations that the department deems
appropriate. (g) If a covered television manufacturer
fails to recycle its market share allocation, the department shall impose a
penalty of 50 cents per pound for each pound not recycled.] (a) If the
director determines that any person has violated or is violating any provision
of this chapter, any rule adopted pursuant chapter 91, or any term or condition
of a certification or permit issued pursuant to this chapter, the director may
do any one or more of the following:
(1) Issue a field citation assessing an administrative penalty and ordering corrective action immediately or within a specified time;
(2) Issue an order assessing an administrative penalty for any past or current violation;
(3) Require compliance immediately or within a specified time; or
(4) Commence a civil action in circuit court in which the violation occurred or where the person resides or maintains the person's principal place of business for appropriate relief, including a temporary, preliminary, or permanent injunction, the imposition and collection of civil penalties, or other relief.
(b) Any order issued pursuant to this section may include a suspension, modification, or revocation of a certification or permit issued under this chapter, and shall state with reasonable specificity the nature of the violation.
(c) Any order issued under this chapter shall become final, unless not later than twenty days after the notice of order is served, the person or persons named therein request in writing a hearing before the director. Any penalty imposed under this chapter shall become due and payable twenty days after the notice of penalty is served unless the person or persons named therein request in writing a hearing before the director. Whenever a hearing is requested on any penalty imposed under this chapter, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. Upon request for a hearing, the director shall require that the alleged violator or violators appear before the director for a hearing at a time and place specified in the notice and answer the charges complained of.
(d) Any hearing conducted under this section shall be conducted as a contested case under chapter 91. If after a hearing held pursuant to this section, the director finds that a violation or violations have occurred, the director shall:
(1) Affirm or modify any penalties imposed or shall modify or affirm the order previously issued; or
(2) Issue an appropriate order or orders for the prevention, abatement, or control of the violation involved, or for the taking of such other corrective action as may be appropriate. If, after a hearing on an order or penalty contained in a notice, the director finds that no violation has occurred or is occurring, the director shall rescind the order or penalty. Any order issued after hearing may prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the violation.
(e) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the director may institute a civil action in the name of the State to collect the administrative penalty which shall be a government realization. In any proceeding to collect the administrative penalty imposed, the director need only show that:
(1) Notice was given;
(2) A hearing was held or the time granted for requesting a hearing expired without a request for a hearing;
(3) The administrative penalty was imposed; and
(4) The penalty remains unpaid.
(f) In connection with any hearing held pursuant to this section, the director shall have the power to subpoena the attendance of witnesses and the production of evidence on behalf of all parties.
fees. (a) In addition to any other administrative or judicial
remedy provided by this chapter or by rules adopted under this chapter for a
violation thereof, the department is authorized to impose by order
administrative penalties and is further authorized to set, charge, and collect
administrative fines and to recover administrative fees and costs, including
attorney's fees and costs, or to bring legal action to recover administrative
fines and fees and costs, including attorney's fees and costs. (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
except those noted in sections 339D-4 and 339D-22.] Penalties. (a)
Any person who intentionally, knowingly, or negligently violates any provision
of this chapter, or any rule adopted pursuant to this chapter, shall be fined
not more than $10,000 for each separate offense. Each day of each violation
shall constitute a separate offense. Any action taken to impose or collect the
penalty provided for in this section shall be made through administrative,
civil, or criminal actions.
(b) If an electronic device manufacturer or representative organization fails to recycle its goal amount, the department shall impose a penalty of up to one dollar per pound for each pound of the goal amount not recycled.
§339D-10 Electronic device recycling fund. (a) There is established in the state treasury the electronic device recycling fund into which shall be deposited all fees, payments, and penalties collected by the department pursuant to this chapter.
(b) The electronic device recycling fund shall
be administered by the department of health. Moneys in the fund shall be
expended by the director [
solely] for the purpose of implementing and
enforcing this chapter; provided that a portion of the funds shall be
distributed annually to the counties to assist in implementing and managing the
§339D-I Role of counties. Nothing in this chapter is intended to require any county agency to include covered electronic devices in any waste management activities or programs intended to increase or provide opportunities for recycling. Any county agency that collects covered electronic devices in the course of waste management activities or programs intended to increase or provide opportunities for recycling may make electronic devices or electric devices collected in such activities or programs available to individual electronic device manufacturers or representative organizations; provided that the electronic device manufacturer or representative organization shall fairly compensate or reimburse the counties for their cost of collecting such electronic devices or electric devices with the compensation or reimbursement to be negotiated between the county and the electronic device manufacturer or representative organization.
§339D-11 Financial and proprietary
information; report. (a) Notwithstanding any law to the contrary,
financial or proprietary information, including trade secrets, commercial
information, and business plans, submitted to the department under this chapter
is confidential and is exempt from public disclosure to the extent permitted by
chapter 92F. (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.]
§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 that
substantially meets the intent of part IV of this chapter.]"
SECTION 4. Section 480-11, Hawaii Revised Statutes, is amended to read as follows:
"§480-11 Exemption of certain cooperative organizations; insurance transactions; approved mergers of federally regulated companies; homeless facility and program donors and provider agencies. (a) Nothing in this chapter shall be construed to forbid the existence and operation of fishery, agricultural, or consumer cooperative organizations or associations instituted for the purpose of mutual help that are organized and operated under chapter 421 or 421C, or that conform and continue to conform to the requirements of the Capper-Volstead Act (7 U.S.C. 291 and 292); provided that if any organization or association monopolizes or restrains trade or commerce in any section of this State to an extent that the price of any fishery, agricultural, or consumer product is unduly enhanced by reason thereof, this chapter shall apply to those acts.
(b) This chapter shall not apply to any transaction in the business of insurance that is in violation of any section of this chapter if the transaction is expressly permitted by the insurance laws of this State; provided that nothing in this section shall render this chapter inapplicable to any agreement to boycott, coerce, or intimidate or any act of boycott, coercion, or intimidation.
(c) This chapter shall not apply to mergers of companies where the mergers are approved by the federal regulatory agency that has jurisdiction and control over the mergers.
(d) This chapter shall not apply to:
(1) Any provider agencies or donors under part XVII of chapter 346;
(2) Any provider agency or donor method or act that
complies with part XVII of chapter 346; [
(3) Any cooperation or agreement authorized pursuant
to rule under part XVII of chapter 346[
(4) An electronic device manufacturer belonging to a representative organization under chapter 339D, provided that membership or participation in the representative organization is voluntary."
SECTION 5. Chapter 339D, Part IV, Hawaii Revised Statutes, is repealed.
SECTION 6. In codifying the new sections added by sections 2 and 3 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 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act, upon its approval, shall take effect on July 1, 2013.
Recycling; Electric Devices
Amends and expands the Electronic Device and Television Recycling program. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.