HOUSE OF REPRESENTATIVES

H.B. NO.

2307

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ELECTRONIC WASTE 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:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Collector" means a person that accepts covered electronic devices, covered televisions, or peripherals for delivery to a recycler for the purposes of this chapter."

     2.  By adding a new definition to be appropriately inserted and to read:

     ""Peripheral" means any electrically powered device intended for use with a computer or television."

     3.  By adding a new definition to be appropriately inserted and to read:

     ""Recycler" means any person who engages in the recycling of covered electronic devices or covered televisions for the purposes of this chapter."

     4.  By deleting the definition of "market share".

     [""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."]

     SECTION 2.  Part III, chapter 339D, Hawaii Revised Statutes, is amended by adding ten new sections to be appropriately designated and to read as follows:

     "§339D-A  Manufacturer recycling goals.  (a)  The department shall use the best available information to establish the weight of all covered electronic devices and covered televisions sold in the State, including but not limited to the reports submitted pursuant to subsection 339D-D, state and national sales data, and other reliable commercially available supplemental sources of information.

     (b)  No later than September 1, 2014, and annually thereafter, the department shall notify each manufacturer of its recycling obligation.

     (c)  Beginning in 2015, each covered electronic device and covered television manufacturer shall collect and recycle the equivalent of fifty per cent, by weight, of its covered electronic devices and covered televisions sold in the State two years prior.

     (d)  Manufacturers may collect and recycle covered electronic devices, covered televisions, or peripherals to meet their recycling goal.

     §339D-B  Manufacturer recycling plan requirements.  (a)  Recycling plans required by sections 339D-4 and 339D-23 shall include the street addresses and zip codes of the collection sites to be utilized.

     (b)  The plan must provide for at least one collection service in every county and zip code tabulation areas with a population greater than thirty thousand, as defined by the United States Census Bureau, throughout the state, unless the plan provides documentation that the county and zip code tabulation area(s) for which the plan does not provide a collection service is already adequately covered by the collection plan of another manufacturer or group of manufacturers.

     (c)  The recycling plan shall include at least one of the following collection services:

     (1)  Staffed drop-off site; or

     (2)  Alternative collection service such as on-site pick-up service; or

     (3)  Collection events held at an easily accessible, central location.

     (d)  Collection services shall be provided at a minimum of once in each month of the year.

     (e)  Plans that contain only a mail-back option shall not be allowed.

     (f)  Plans shall specify the use of only collectors registered, for the purposes of this chapter, with the State; and

     (g)  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 electronic waste.

     339D-C  Convenience fee.  If the department determines that manufacturer plans fail to meet the requirements of section 339D-B, then manufacturers shall be assessed a convenience fee of $10,000 for each covered electronic device manufacturer, and $5,000 for each covered television manufacturer.

     §339D-D  Manufacturer record keeping requirements.  (a)  Each manufacturer shall maintain records for a minimum five years for the following:

     (1)  The amount, in weight, of sales of their covered electronic devices and covered televisions in the State annually;

     (2)  The amount of covered electronic devices, covered televisions and peripherals it has collected for recycling by county; and

     (3)  The amount of covered electronic devices, covered televisions, and peripherals recycled by each recycler on behalf of the manufacturer.

     (b)  Nothing in this part shall exempt any person from liability that the person would otherwise have under applicable law.

     §339D-E  Manufacturer reporting requirements.  (a)  By August 1, 2014, and annually thereafter, each manufacturer shall report to the department its sales, by weight, of the manufacturer's covered electronic devices and covered televisions sold in the State the previous calendar year, categorized by product type.

     (b)  If the manufacturer is unable to provide accurate sales data, it shall explain why the data cannot be provided.  The manufacturer shall then report an estimate of its sales data and provide an explanation of the methods used to derive the estimate.

     (c)  By March 31, 2016, and annually thereafter, each manufacturer shall report to the department the total weight of all covered electronic devices, covered televisions, and peripherals it recycled, by county, in the previous year.  Reports shall be submitted on forms prescribed by the department.

     §339D-F  Collector registration.  (a)  By January 1, 2015, all collectors shall register with the department using forms prescribed by the department.  Thereafter, if a collector has not previously registered, the collector shall register with the department prior to accepting covered electronic devices, covered televisions, or peripherals.  A registration shall be valid until December 31 of each year.

     (b)  Every collector shall submit an annual renewal of its registration by January 1 of each year.

     §339D-G  Collector record keeping requirements.  Collectors shall maintain records, for a minimum of five years, for the amounts, in weight, of covered electronic devices, covered televisions and peripherals it has collected for recycling; and the amounts sent for recycling.

     §339D-H  Collector reporting requirements.  By March 31, 2016, and annually thereafter, each collector shall report to the department on forms prescribed by the department the following:

     (1)  The amount, in weight, of covered electronic devices, covered televisions, and peripherals it has collected for recycling and the amounts sent for recycling; and

     (2)  Bills of lading or weight tickets for all covered electronic devices, covered televisions, and peripherals sent for recycling; and

     (3)  Certificates of recycling for all covered electronic devices, covered televisions, and peripherals recycled.

     §339D-I  Collector responsibility.  All collected covered electronic devices, covered televisions, and peripherals shall be sent for recycling.

     §339D-J  Audit authority.  The records of covered electronic device manufacturers, covered television 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."

     SECTION 3.  Section 339D-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  By [June 1, 2009] October 1, 2014, and annually thereafter, each electronic device manufacturer 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 following conditions:

     (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

     (2)  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."

     SECTION 4.  Section 339D-4, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  The department shall review each electronic device manufacturer's 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.  If the plan is rejected, the department shall notify the electronic device manufacturer or group of electronic device manufacturers 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 [may] shall revise and resubmit the plan to the department for [approval.] review under the requirements of this subsection."

     SECTION 5.  Section 339D-11, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The department shall compile the information submitted by covered electronic device and covered television manufacturers and issue a report to the legislature no later than April 1, 2012, and annually each year thereafter."

     SECTION 6.  Section 339D-23, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  By [June 1, 2010,] October 1, 2014, and annually thereafter, each television manufacturer shall submit a plan to the department to establish, conduct, and manage a program for the recycling of covered televisions 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 recycling if the covered television is brought by the covered television owner to a central location for recycling; provided that the plan may include a reasonable transportation fee if the television manufacturer or television manufacturer's agent removes the covered [electronic device] television from the owner's premises at the owner's request and if the removal is not in conjunction with delivery of a new television to the owner; and

     (2)  Each television manufacturer may develop its own recycling program or may collaborate with other television manufacturers, so long as the program is implemented and fully operational no later than January 1, 2011."

     SECTION 7.  Section 339D-9, Hawaii Revised Statutes, is amended to read as follows:

     "§339D-9  Administrative penalties; 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.]"

     SECTION 8.  In codifying the new sections added by this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act, upon its approval, shall take effect on July 1, 2014.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST


 


 

Report Title:

Recycling; Electronic Devices

 

Description:

Amends the Electronic Device and Television Recycling Program

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.