Report Title:

Batteries

 

Description:

Provides for the recycling of used lead acid batteries.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1508

TWENTY-FIRST LEGISLATURE, 2001

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO THE RECYCLING OF BATTERIES.

 

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

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

The legislature further finds that the department of health is currently developing a pilot project for the island of Oahu to collect used lead acid batteries. However, the project is not yet finalized and even if it is, battery collection will not include damaged batteries. Accordingly, the legislature finds that the battery recycling law must be strengthened to encourage the return of all batteries. The purpose of this Act is to apply a surcharge to the purchase of batteries if no used batteries are returned for disposal.

SECTION 2. Section 342I-2, Hawaii Revised Statutes, is amended to read:

"§342I-2 Lead acid batteries; collection for recycling. A person selling lead acid batteries at retail or offering lead acid batteries for retail sale in the State shall:

(1) Accept, at the point of transfer, in a quantity at least equal to the number of new batteries purchased, used lead acid batteries from customers, if offered by customers; and

(2) Post written notice that shall be at least five inches by seven inches in size and shall contain the universal recycling symbol and the following language:

(A) "It is illegal to discard a motor vehicle battery or other lead acid battery";

(B) "Recycle your used batteries";

(C) "State law requires us to accept used motor vehicle batteries or other lead acid batteries for recycling, in exchange for new batteries purchased"; and

(D) "The price of a new battery includes disposal of your old battery[".] and a surcharge of $10 if no old battery is presented for disposal."

(3) Any advertising pertaining to the price of lead acid batteries shall include the statement "The price includes disposal of your old battery[".] and a surcharge of $10 if no old battery is presented for disposal."

(4) For businesses utilizing advertising prepared out of the State a sign no smaller than three square feet, placed at the point of sale stating: "The price of the battery includes disposal of your old battery and a surcharge of $10 if no old battery is presented for disposal" may be substituted."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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