STAND. COM. REP. NO. 2133

Honolulu, Hawaii

RE:    S.B. No. 2857

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committees on Energy and Environment and Commerce and Consumer Protection, to which was referred S.B. No. 2857 entitled:

"A BILL FOR AN ACT RELATING TO ELECTRONIC WASTE RECYCLING,"

beg leave to report as follows:

     The purpose and intent of this measure is to amend the electronic device and television recycling program.

     Your Committees received testimony in support of this measure from the Department of Health, City and County of Honolulu Department of Environmental Services, Ulupono Initiative, and Sierra Club of Hawaii.  Your Committees received testimony in opposition to this measure from the Consumer Electronics Association.  Your Committees received comments on this measure from Sims Recycling Solutions.

     Your Committees find that the Electronic Waste and Television Recycling and Recovery Act is an important part of Hawaii's solid waste management system.  In the current system, many businesses are allowed to create a mail-back only option to recycle their electronic products.  Mail-back only programs involve shipping electronic goods back to the original manufacturer located outside of Hawaii.  The effect of this is that many residents end up not recycling.  In particular, this mail-back only policy is detrimental on the neighbor islands where some companies implement a mail-back only policy and no alternative for recycling.  Making the recycling of electronic devices and televisions easier by implementing manufacturer recycling obligations and requirements will ensure convenient recycling for the public.

     Your Committees have amended this measure by:

     (1)  Inserting language to establish a penalty for any electronic device manufacturer and television manufacturer that falls short of its recycling obligations for the year as established by the Department of Health;

     (2)  Inserting language to allow covered electronic devices and covered televisions collected from the five least populated islands with populations greater than 1,000 to count twice as much toward a manufacturer's recycling obligations for the year than covered electronic devices and covered televisions collected from the most populous island;

     (3)  Amending language to require a manufacturer recycling plan to provide for various scheduled collection services based on the population of the island for every inhabited island with a population greater than 1,000;

     (4)  Amending language to establish penalties if the department determines, after two revisions, that a manufacturer recycling plan is still insufficient; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Energy and Environment and Commerce and Consumer Protection that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2857, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2857, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Energy and Environment and Commerce and Consumer Protection,

____________________________ ROSALYN H. BAKER, Chair

____________________________ MIKE GABBARD, Chair