HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
relating to solid waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that recycling helps to protect the environment and moves the State toward a more sustainable future. The legislature further finds that because some products contain materials that are not easily recyclable, these products are designated as solid waste for purposes of disposal. This designation has created an additional burden on waste disposal facilities and has increased the risk of harming the environment. The legislature also finds that although batteries may constitute toxic waste and contain valuable and reusable materials, most batteries still end up in the State's landfills. The legislature notes that the State does not have a proper facility to dispose of toxic waste of any kind, including batteries. Therefore, the legislature believes that statewide recycling operations should be expanded to include battery waste.
Accordingly, the purpose of this Act is to require retailers of batteries to participate in or implement a program to recycle used batteries, and to require the department of health to expand its recycling and waste disposal operations to accommodate the recycling of batteries.
SECTION 2. Chapter 342I, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . BATTERIES
§342I-A Definitions. As used in this part:
"Battery" means any battery that is not a lead acid battery as defined in section 342I-1.
"Consumer" means a person or entity who purchases or owns a battery for final use. "Consumer" does not include a person or entity who serves as an intermediary between a distributor and a retailer for the purpose of conducting wholesale transactions.
"Department" means the department of health.
"Distributor" means a person or entity that sells batteries to a retailer.
"Retailer" means a person or entity who sells batteries directly to consumers. "Retailer" may include a manufacturer of batteries that sells the batteries directly to consumers. "Retailer" does not include:
(1) A person or entity who primarily sells food and is listed in the most recent publication of the Progressive Grocers Marketing Guidebook;
(2) A person or entity whose annual gross sales are equal to or less than $1,000,000; and
(3) A person or entity whose sales of batteries are limited to those that are contained in or packaged with a battery-operated device.
"Sell" or "sale" means a transfer for consideration of title or of the right to use, by lease or sales contract, including but not limited to transactions conducted through sales outlets, catalogs, or the internet or other similar electronic means, but does not include a wholesale transaction between a distributor and a retailer.
"Used battery" means a battery that has been previously used and is made available, by a consumer, for reuse, recycling, or proper disposal.
§342I-B Used battery collection program; established. (a) Any retailer selling batteries in the State shall participate in or implement a program in which the retailer accepts collection of used batteries from consumers; provided that the retailer shall provide collection and reuse, recycling, or disposal services at no cost to the consumer regardless of the type or brand of battery that the retailer previously sold to the consumer; provided further that the amount of used batteries that a retailer is required to accept at no cost to the consumer shall be limited to the total amount of batteries sold to the consumer at the time of collection or the amount of batteries previously sold to the consumer, or both.
(b) The retailer shall be responsible for the reuse, recycling, or proper disposal of any used batteries collected pursuant to subsection (a).
§342I-C Notice to consumers. (a) The retailer shall make information available to consumers about the battery recycling program offered by the retailer pursuant to this part; provided that:
(1) These materials shall be presented in a manner so as to encourage the consumer to participate in the program; and
(2) The information shall be communicated in one or more of the following forms:
(A) Signage that is prominently displayed within the retailer's physical location and easily visible to the consumer;
(B) Written materials provided to the consumer at the time of purchase or delivery, or both;
(C) Reference to the battery recycling program in the retailer's advertising or other promotional materials, or both; or
(D) Direct communications, whether written or oral, with the consumer at the time of purchase.
(b) If a retailer sells a battery through a catalog order, telephone order, online order, or other method that does not involve in-store sales, the retailer shall provide reasonable notice to the consumer at the time of purchase or delivery of the opportunity to return used batteries at no cost for reuse, recycling, or proper disposal through either:
(1) The retailer's battery collection and recycling program established pursuant to section 342I-B; or
(2) A battery recycling program operated by another entity in which the retailer participates;
provided that the notice shall be placed on an applicable invoice or purchase order, or packaged with the battery and shall include informational materials, including but not limited to applicable internet links or telephone numbers that provide consumers access to additional information about the opportunities and locations for free battery recycling.
§342I-D Departmental assessment. (a) Prior to July 1 of each year, the department shall obtain information from a representative sample of all battery handling and battery recycling facilities in the State, as determined by the department, regarding the estimated amount, by weight, of each type of battery accepted by retailers for recycling during the previous calendar year.
(b) The department shall make this information available to the public on the department's website."
SECTION 3. Section 342I-1, Hawaii Revised Statutes, is amended to read as follows:
"§342I-1 Lead acid batteries; disposal prohibited. (a) No person may:
(1) Place a used lead acid battery in mixed municipal solid waste; or
(2) Discard or otherwise dispose of a lead acid battery, except by delivery to:
(A) A lead acid battery retailer or wholesaler;
(B) A collection or recycling facility permitted under chapter 342H; or
(C) A secondary lead smelter permitted by the United States Environmental Protection Agency.
(b) No lead acid battery retailer or wholesaler, or authorized collection or recycling facility, shall accept for disposal any lead acid batteries that have had their electrolyte removed, unless cracks in the battery shell due to aging or accident are in evidence to indicate passive leaking of the electrolyte.
(c) As used in this part, "lead acid battery" shall not include small sealed lead acid batteries."
SECTION 4. (a) The department of health shall expand its current recycling operations to include recycling of every type of battery.
(b) Any facility established or modified by the department to recycle batteries pursuant to this part shall be accessible to the public no later than July 1, 2020.
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for the purposes of this part.
The sums appropriated shall be expended by the solid and hazardous waste branch of the department of health for the purposes of this Act.
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. In codifying the new sections added by section 2 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 8. New statutory material is underscored. SECTION 9. This Act shall take effect on July 1, 2019; provided that the part II of this Act shall take effect on July 1, 2020.
DOH; Batteries; Retailers; Recycling; Reuse; Disposal; Appropriation
Requires a retailer of certain batteries to implement a program in which the retailer accepts used batteries for reuse, recycling, or other means of disposal. Requires the Department of Health to expand its recycling operations to accommodate the recycling of batteries. Appropriates moneys.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.