HB1272 SD1.DOC

SECTION 1. Section 339D-1, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "covered electronic device" to read:

""Covered electronic device":

(1) Means a computer, computer printer, computer monitor, or portable computer[,] with a screen size greater than four inches measured diagonally; and

(2) Shall not include:

(A) A covered electronic device that is a part of a motor vehicle or any component part of a motor vehicle assembled by or for a motor vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;

(B) A covered electronic device that is functionally or physically a part of a larger piece of equipment designed and intended for use in [~~an industrial, commercial, or medical setting, including~~] diagnostic, monitoring, or control equipment;

(C) A covered electronic device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or

(D) A telephone of any type."

2. By amending the definition of "manufacturer" to read:

""Manufacturer" means any existing person:

(1) Who manufactures or manufactured covered electronic devices under a brand that it owns or owned or is or was licensed to use, other than a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licensor;

(2) Who sells or sold covered electronic devices manufactured by others under a brand that the seller owns or owned or is or was licensed to use, other than a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licensor;

(3) Who manufactures or manufactured covered electronic devices without affixing a brand;

(4) Who manufactures or manufactured covered electronic devices to which it affixes or affixed a brand that it neither owns or owned nor is or was licensed to use; or

(5) For whose account covered electronic devices manufactured outside the United States are or were imported into the United States; provided that if at the time such covered electronic devices are or were imported into the United States and another person has registered as the manufacturer of the brand of the covered electronic devices, this paragraph shall not apply;

provided that the term "manufacturer" shall not include persons [~~located in the State~~] who manufacture [~~specialized computers and have sales of~~] no more than one hundred computers per year."

SECTION 2. Section 339D-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) By June 1, 2009, and annually thereafter, each 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 manufacturer or manufacturer's agent picks up the covered electronic device from the owner's premises at the owner's request and if the pick-up is not in conjunction with delivery of a new electronic device to the owner;

(2) Each manufacturer may develop its own recycling program or may collaborate with other manufacturers, so long as the program is implemented and fully operational no later than January 1, 2010; and

(3) Each manufacturer shall be responsible for ensuring that the manufacturer and its agents follow all federal, state, and local regulations when collecting, transporting, and recycling covered electronic devices, and adopt environmentally sound recycling practices for the covered electronic devices."

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

SECTION 4. This Act shall take effect on July 1, 2009.

HOUSE OF REPRESENTATIVES	H.B. NO.	1272
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII		S.D. 1