THE SENATE	S.B. NO.	2857
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ELECTRONIC WASTE RECYCLING.

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

     SECTION 1.  Chapter 339D, Hawaii Revised Statutes, is amended by adding ten new sections to part III to be appropriately designated and to read as follows:

"§339D-A Manufacturer recycling obligation. (a)  The department shall use the best available information to establish the weight of all covered electronic devices and covered televisions sold in the State, including but not limited to the reports submitted pursuant to section 339D-D, state and national sales data, and other reliable commercially available supplemental sources of information.

(b)  No later than September 1, 2014, and annually thereafter, the department shall notify each manufacturer of its recycling obligation pursuant to subsection (c).

(c)  Beginning on January 1, 2015, each electronic device and television manufacturer shall collect and recycle the equivalent of fifty per cent, by weight, of its covered electronic devices and covered televisions sold in the State prior two years.

(d)  Electronic device and television manufacturers may collect and recycle covered electronic devices, covered televisions, or peripherals to meet their recycling obligation pursuant to this section.

(e)  Each electronic device and television manufacturer shall be assessed by the department a penalty of 50 cents for each pound that its collection and recycling results for the year fall short of its recycling obligation for the year as described in subsection (c).

(f)  Covered electronic devices and covered televisions collected from the five least populated islands with populations greater than one thousand shall count twice as much toward a manufacturer's recycling obligation than covered electronic devices and covered televisions collected from the most populous island.

§339D-B Manufacturer recycling plan requirements. (a)  Recycling plans required by sections 339D-4 and 339D-23 shall include the street addresses and zip codes of the collection sites to be utilized.

(b)  The plan shall provide for at least one collection service on every inhabited island with a population greater than one thousand in accordance with subsection (d).

(c)  The recycling plan shall include at least one of the following collection services:

(1) Staffed drop-off site;

(2) Alternative collection service such as on-site pick-up service; or

(3) Collection events held at an easily accessible, central location.

(d)  Collection services shall be provided at a minimum frequency of:

(1) Twice per month in the most populous quadrant of the most populous island;

(2) Once per month in each of the other three quadrants of the most populous island;

(3) Bimonthly on the east side and the west side of the second-most populous island;

(4) Once per month on the third-most populous island;

(5) Once per quarter on the fourth-most populous island; and

(6) Once per year each on the fifth-most populous and sixth-most populous islands.

(e)  Plans that contain only a mail-back option shall not be allowed.

(f)  Plans shall specify the use of only collectors registered with the State for the purposes of this chapter.

(g)  Plans shall specify the use of recyclers that have achieved and maintained third-party accredited certification from the Responsible Recycling Practices Standard, the e‑Stewards Standard; or an internationally accredited third-party environmental management standard for the safe and responsible handling of electronic waste.

§339D-C Penalties. If, after two revisions to a manufacturer recycling plan, the department determines that a manufacturer recycling plan is still insufficient to meet the requirements specified in section 339D-B, the department may assess a penalty of $10,000 for an electronic device manufacturer or $5,000 for a television manufacturer.  If a manufacturer fails to fulfill a collection service or collection event as specified in its plan, the department may assess a penalty of $1,000 per missed collection service or collection event in addition to the penalties provided for in section 339D‑A.

§339D-D Manufacturer record keeping requirements. (a)  Each electronic device and television manufacturer shall maintain records for a minimum of five years of the following:

(1) The amount, in weight, of sales of its covered electronic devices and covered televisions in the State annually;

(2) The amount of covered electronic devices, covered televisions, and peripherals it has collected for recycling by county; and

(3) The amount of covered electronic devices, covered televisions, and peripherals recycled by each recycler on behalf of the manufacturer.

(b)  Nothing in this part shall exempt any person from liability that the person would otherwise have under applicable law.

§339D-E Manufacturer reporting requirements. (a)  By August 1, 2014, and annually thereafter, each manufacturer shall report to the department its sales, by weight, of the manufacturer's covered electronic devices and covered televisions sold in the State the previous calendar year, categorized by product type.

(b)  If the manufacturer is unable to provide accurate sales data, it shall explain why the data cannot be provided.  The manufacturer shall then report an estimate of its sales data and provide an explanation of the methods used to derive the estimate.

(c)  By March 31, 2016, and annually thereafter, each manufacturer shall report to the department the total weight of all covered electronic devices, covered televisions, and peripherals it recycled, by county, in the previous year.  Reports shall be submitted on forms prescribed by the department.

§339D-F Collector registration. (a)  By January 1, 2015, all collectors in operation as of that date shall register with the department using forms prescribed by the department.  If a collector begins operations after January 1, 2015, the collector shall register with the department prior to accepting covered electronic devices, covered televisions, or peripherals.  A registration shall be valid until December 31 of each year.

(b)  Every collector shall submit an annual renewal of its registration by January 1 of each year.

§339D-G Collector record keeping requirements. Each collector shall maintain records, for a minimum of five years, for the amounts, in weight, of covered electronic devices, covered televisions, and peripherals it has collected for recycling and the amounts sent for recycling.

§339D-H Collector reporting requirements. By March 31, 2016, and annually thereafter, each collector shall report to the department on forms prescribed by the department the following:

(1) The amount, in weight, of covered electronic devices, covered televisions, and peripherals it has collected for recycling and the amounts sent for recycling;

(2) Bills of lading or weight tickets for all covered electronic devices, covered televisions, and peripherals sent for recycling; and

(3) Certificates of recycling for all covered electronic devices, covered televisions, and peripherals recycled.

§339D-I Collector responsibility. All covered electronic devices, covered televisions, and peripherals collected by collectors shall be sent for recycling.

§339D-J Audit authority. The records of covered electronic device manufacturers, covered television manufacturers, collectors, and recyclers shall be made available, upon request, for inspection by the department, a duly authorized agent of the department, or the office of the auditor."

     SECTION 2.  Section 339D-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Collector" means a person that accepts covered electronic devices, covered televisions, or peripherals for delivery to a recycler for the purposes of this chapter."

     2.  By adding a new definition to be appropriately inserted and to read:

     ""Peripheral" means any electrically powered device intended for use with a computer or television."

     3.  By adding a new definition to be appropriately inserted and to read:

     ""Recycler" means any person who engages in the recycling of covered electronic devices or covered televisions for the purposes of this chapter."

     4.  By deleting the definition of "market share".

     [""Market share":

(1) Means the calculation of a television manufacturer's prior year's sales of televisions divided by all manufacturers' prior year's sales for all televisions, as determined by the department;

(2) May be expressed as a percentage, a fraction, or a decimal fraction."]

     SECTION 3.  Section 339D-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  By [June 1, 2009,] October 1, 2014, and annually thereafter, each electronic device 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 electronic device manufacturer or electronic device manufacturer's agent removes the covered electronic device from the owner's premises at the owner's request and if the removal is not in conjunction with delivery of a new electronic device to the owner; and

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

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

     "(g)  The department shall review each electronic device manufacturer's plan and, within sixty days of receipt of the plan, shall determine whether the plan complies with section 339D-B.  If the plan is approved, the department shall notify the electronic device manufacturer or group of electronic device manufacturers.  If the plan is rejected, the department shall notify the electronic device manufacturer or group of electronic device manufacturers and provide the reasons for the plan's rejection.  Within thirty days after receipt of the department's rejection, the electronic device manufacturer or group of electronic device manufacturers [may] shall revise and resubmit the plan to the department for [approval.] review under the requirements of this subsection."

     SECTION 5.  Section 339D-9, Hawaii Revised Statutes, is amended to read as follows:

"§339D-9  Administrative penalties; fees.  [(a)]  In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter for a violation thereof, the department is authorized to impose by order administrative penalties and is further authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or to bring legal action to recover administrative fines and fees and costs, including attorney's fees and costs.

     [(b)  Notwithstanding subsection (a), the department shall not have the authority to assess any fees, including an advanced recycling fee, registration fee, or other fee, on consumers, television manufacturers, or retailers for recovery of covered televisions except those noted in sections 339D-4 and 339D-22.]"

     SECTION 6.  Section 339D-11, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The department shall compile the information submitted by [covered] electronic device and television manufacturers and issue a report to the legislature no later than April 1, 2012, and annually each year thereafter."

     SECTION 7.  Section 339D-23, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  By [June 1, 2010,] October 1, 2014, and annually thereafter, each television manufacturer shall submit a plan to the department to establish, conduct, and manage a program for the recycling of covered televisions 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 television is brought by the covered television owner to a central location for recycling; provided that the plan may include a reasonable transportation fee if the television manufacturer or television manufacturer's agent removes the covered [electronic device] television from the owner's premises at the owner's request and if the removal is not in conjunction with delivery of a new television to the owner; and

     (2)  Each television manufacturer may develop its own recycling program or may collaborate with other television manufacturers, so long as the program is implemented and fully operational no later than January 1, 2011."

     SECTION 8.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act, upon its approval, shall take effect on July 1, 2014.

Report Title:

Recycling; Electronic Devices

Description:

Amends the Electronic Device and Television Recycling Program.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.