REPORT TITLE:
Batteries


DESCRIPTION:
Imposes a surcharge on purchase price of new battery, waivable by
presenting for disposal an old battery for the new battery, to
encourage proper disposal of lead batteries.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2990
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE RECYCLING OF BATTERIES.



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

 1      SECTION 1.  The legislature finds that existing law is
 
 2 failing to keep discarded lead batteries from ending up in public
 
 3 places, landfills, and illegal dump sites.  The legislature
 
 4 further finds that imposition of a surcharge at the point of sale
 
 5 of lead batteries, to be waived only on sales that involve an
 
 6 exchange of as many old batteries as those newly purchased, is
 
 7 necessary to encourage proper disposal of lead acid batteries.
 
 8      SECTION 2.  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:
 

 
Page 2                                                     2990
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1           (A)  "It is illegal to discard a motor vehicle battery
 
 2                or other lead acid battery";
 
 3           (B)  "Recycle your used batteries";
 
 4           (C)  "State law requires us to accept used motor
 
 5                vehicle batteries or other lead acid batteries for
 
 6                recycling, in exchange for new batteries
 
 7                purchased"; and
 
 8           (D)  "The price of [a] each new battery includes
 
 9                disposal of [your] one old battery".  A surcharge
 
10                of $10 will be added if an old battery is not
 
11                presented for disposal.  A refund of the surcharge
 
12                may be obtained if an old battery is presented for
 
13                disposal within ten days of the purchase of a new
 
14                battery".
 
15      (3)  Any advertising pertaining to the price of lead acid
 
16           batteries shall include the statement "The price
 
17           includes disposal of your old battery".  A surcharge of
 
18           $10 will be added if an old battery is not presented
 
19           for disposal.  A refund of the surcharge may be
 
20           obtained if an old battery is presented for disposal
 
21           within ten days of the purchase of a new battery".
 
22      (4)  For businesses utilizing advertising prepared out of
 

 
 
 
Page 3                                                     2990
                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1           the State a sign no smaller than three square feet,
 
 2           placed at the point of sale stating:  "The price of the
 
 3           battery includes disposal of [your] one old battery.  A
 
 4           surcharge of $10 will be added if an old battery is not
 
 5           presented for disposal.  A refund of the surcharge may
 
 6           be obtained if an old battery is presented for disposal
 
 7           within ten days of the purchase of a new battery" may
 
 8           be substituted.
 
 9      (5)  Persons selling lead acid batteries at retail or
 
10           offering lead acid batteries for retail sale shall
 
11           convey all surcharges collected to the department of
 
12           health for deposit into the environmental management
 
13           special fund."
 
14      SECTION 3.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 4.  This Act shall take effect upon its approval.