HB2922 SD1.DOC

SECTION 1. The legislature finds that fluorescent and compact fluorescent light bulbs contain small amounts of mercury. Mercury is an element that is toxic to humans and, when found in the human body even in small quantities, can result in internal bleeding, kidney failure, brain damage, and death. Forty-nine per cent of traditional fluorescent light bulbs contain five to ten milligrams of mercury, and ninety-six per cent of compact fluorescent light bulbs contain up to ten milligrams of mercury. Although the amount of mercury per light bulb seems small, the total amount of mercury contained in all of the fluorescent and compact fluorescent light bulbs in Hawaii is quite significant. Although these light bulbs are an energy-efficient preferred alternative to traditional incandescent light bulbs, the safe disposal of used fluorescent and compact fluorescent light bulbs presents a challenge because of the mercury that they contain. Currently, disposal methods include incineration or deposit into the state's landfills. Incineration can result in the release of toxic mercury vapors into the atmosphere, where they can travel for hundreds of miles and return to Earth in rainfall. Landfill disposal almost always results in breakage of the bulbs, releasing the mercury content into the soil, where it leaches into the groundwater. Currently, twelve states prohibit the disposal of fluorescent and compact fluorescent light bulbs in their landfills.

The legislature further finds that almost all components of fluorescent and compact fluorescent light bulbs may be recycled. Lighting recycling facilities are able to capture the mercury in fluorescent bulbs, treat it, and sell it back into the market for use in new lighting products. In addition, lighting recycling facilities are able to separate the glass and aluminum found in fluorescent and compact fluorescent light bulbs for further recycling. Currently, there is no lighting recycling facility in Hawaii, and used fluorescent and compact fluorescent light bulbs must be shipped to the mainland for recycling. Recycling these products would remove them from Hawaii's waste stream altogether and would represent another major step toward preserving Hawaii's natural environment and protecting the health and safety of its residents.

The purpose of this Act is to prohibit the disposal of fluorescent and compact fluorescent light bulbs in landfills, waste-to-energy facilities, and incinerators in Hawaii.

SECTION 2. Chapter 342G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342G- Disposal of fluorescent and compact fluorescent light bulbs; prohibition. (a) Notwithstanding any law to the contrary, knowingly disposing of any fluorescent or compact fluorescent light bulb in any landfill or waste-to-energy facility, or by incineration, in the state is prohibited.

(b) The owner or operator of a landfill, waste-to-energy facility, or incinerator shall:

(1) Post clearly visible and easily-read signs at the facility that provide notice of the prohibition of the disposal and incineration of fluorescent and compact fluorescent light bulbs; and

(2) Provide written notification to the facility's customers of the prohibition on the disposal and incineration of fluorescent and compact fluorescent light bulbs, at a frequency to be established by the department by rule, or include notification as a provision of the facility's contractual agreements with customers, if applicable."

SECTION 3. Chapter 342J, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§342J- Fluorescent and compact fluorescent light bulbs; retail and wholesale sale. (a) Any retailer that sells or offers to sell fluorescent and compact fluorescent light bulbs to customers shall collect from customers at no charge used fluorescent and compact fluorescent light bulbs for recycling at the retail site. The retailer may return the used fluorescent and compact fluorescent light bulbs to the wholesaler or send the used light bulbs directly to an appropriate recycling center.

(b) Any wholesaler who sells or offers to sell fluorescent and compact fluorescent light bulbs shall accept from retailers used fluorescent and compact fluorescent light bulbs for recycling. The wholesaler shall take reasonable steps to ensure that any used fluorescent and compact fluorescent light bulbs in the wholesaler's possession are recycled.

(c) Any retailer or wholesaler subject to this section shall make available to its customers information on the collection service for used fluorescent and compact fluorescent light bulbs and the department of health's website address and toll-free telephone number.

(d) For the purpose of this section, "retailer" means any person who offers fluorescent and compact fluorescent light bulbs for sale, other than for resale by the purchaser."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2010.

HOUSE OF REPRESENTATIVES	H.B. NO.	2922
TWENTY-FIFTH LEGISLATURE, 2010		H.D. 2
STATE OF HAWAII		S.D. 1