STAND. COM. REP. NO. 359-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2012
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Energy and Environmental Protection, to
which was referred H.B. No. 2012 entitled: 

     "A BILL FOR AN ACT RELATING TO THE RECYCLING OF BATTERIES,"

begs leave to report as follows:

     The purpose of this bill is to impose a $10 surcharge on the
price of a battery if no old battery is presented for disposal to
encourage the proper disposal of lead acid batteries.
Additionally, the bill requires that the surcharge be conveyed
into the general fund.

     The Sierra Club submitted testimony in support of the bill.
The Department of Health submitted testimony in support of the
intent of the bill with the suggestion that the surcharge be
designated for the Environmental Management Fund.  The Department
of Commerce and Consumer Affairs submitted testimony in support
with reservations.  The Environmental Center of the University of
Hawaii at Manoa submitted testimony concerning with the intent of
the bill.  The Hawaii Automobile Dealers' Association submitted
testimony in opposition to the bill.  The legislative Information
Services of Hawaii submitted testimony in opposition to this bill
as an unnecessary tax.

     Your Committee finds that discarded lead batteries are
ending up in public places, landfills, and illegal dump sites.
The present law's requirement that a seller of lead acid
batteries accept batteries equaling at least the number of

 
 
 
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batteries purchased, if offered by a buyer, does not provide any
incentive to clear the environment of existing used batteries.

     After careful consideration, your Committee has amended this
measure by deleting its substance and inserting provisions that
established a battery bounty program to be developed and
administered by the Department of Health.  The program will pay
nonprofit groups for used batteries delivered to collection
sites.  The funds from the Environmental Response Revolving Fund
will be used to pay for the used batteries.

     As affirmed by the record of votes of the members of your
Committee on Energy and Environmental Protection that is attached
to this report, your Committee is in accord with the intent and
purpose of H.B. No. 2012 as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B. No.
2012, H.D. 1, and be referred to the Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Energy and
                                   Environmental Protection,



                                   ______________________________
                                   HERMINA M. MORITA, Chair