THE SENATE

S.B. NO.

391

THIRTY-THIRD LEGISLATURE, 2025

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO recycling.

 

 

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

 

     SECTION 1.  The legislature finds that the improper disposal of batteries and battery-embedded products creates significant safety and environmental dangers.  For example, in 2016, a four-alarm fire at a material recovery facility in San Mateo County, California, caused millions of dollars in damage.  The fire was likely caused by a rechargeable battery.

     In particular, lithium-ion batteries pose significant fire risks, with well-publicized incidents having occurred in homes and airliners.  Despite laws regulating the disposal of lithium‑ion batteries, many are improperly discarded and end up in landfills or other inappropriate parts of the solid waste system.  The improper disposal of rechargeable lithium-ion batteries in the State's landfills creates unnecessary safety hazards for workers and surrounding residents, while also posing environmental threats to the State's land and water resources, including the aquifer.

     The legislature finds that the lack of accessible recycling options causes many batteries to be improperly disposed of in landfills.  The legislature further finds that requiring lithium-ion battery producers to play a more active role in the recovery and recycling of their products will help to ensure that lithium-ion batteries stay out of the State's landfills.

     Accordingly, the purpose of this Act is to expand the Electronic Device Recycling and Recovery Act to include the collection and recycling of certain lithium-ion batteries.

     SECTION 2.  Section 339D-1, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read as follows:

     ""Covered battery":

     (1)  Means a lithium-ion battery device consisting of one or more electrically connected electrochemical cells designed to receive, store, and deliver electric energy;

     (2)  Includes a lithium-ion battery that is:

          (A)  A loose battery that is either sold separately from a product or that is designed to be easily removed from a product by the user of the product with no more than common household tools; and

          (B)  A battery that is packed with, but not installed in, the product that the battery is intended to power, when the product is offered for sale by a manufacturer; and

     (3)  Does not include:

          (A)  A non-rechargeable battery;

          (B)  A rechargeable battery weighing more than five kilograms and having a watt-hour rating of more than three hundred watt-hours;

          (C)  A battery contained in a motor vehicle.

          (D)  A class I device as defined in title 21 United States Code section 360c that is either:

              (i)  A device described in title 42 Code of Federal Regulations section 414.202; or

             (ii)  Predominantly used in a health care setting by a health care provider or predominantly prescribed by a health care provider;

          (E)  A class II or class III device as defined in title 21 United States Code section 360c; and

          (F)  A battery that has been recalled.

     "Electrochemical cell" means a system consisting of an anode, a cathode, and an electrolyte, plus electrical or mechanical connections needed to allow the cell to deliver or receive electric energy.

     "Lithium-ion battery" means a rechargeable battery that uses lithium ions as the primary component of its electrolyte.

     "Motor vehicle" has the same meaning as in section 291C-1; provided that, for purposes of this chapter, "motor vehicle" does not include a motorized scooter, motorized skateboard, motorized hoverboard, or a vehicle intended to propel or move upon a highway only one individual person or property."

     SECTION 3.  Section 339D-1, Hawaii Revised Statutes, is amended by amending the definition of "electronic device" to read as follows:

     ""Electronic device":

     (1)  Means:

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

          (B)  Any device that is capable of receiving broadcast, cable, or satellite signals and displaying television or video programing, including any direct view or projection television with a viewable screen of nine inches or larger with display technology based on cathode ray tube, plasma, liquid crystal, digital light processing, liquid crystal on silicon, silicon crystal reflective display, light emitting diode, or similar technology; and

          (C)  A covered battery; and

     (2)  Shall not include:

          (A)  An 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)  An electronic device that is functionally or physically required as 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)  An 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;

          (D)  A telephone of any type including a mobile telephone; or

          (E)  A global positioning system."

     SECTION 4.  Section 339D-7.5, Hawaii Revised Statutes, is amended to read as follows:

     "§339D-7.5  Manufacturer and agent responsibilities; regulatory compliance.  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 electronic devices, and adopt environmentally sound recycling practices for the electronic devices.  The manufacturer shall ensure that the manufacturer and its agents collect, store, transport, and recycle covered batteries in a safe manner."

     SECTION 5.  Section 339D-23, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  By September 1, 2022, and annually thereafter, each manufacturer shall submit a plan to the department to establish, conduct, and manage a program for the recycling of 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 collection if the electronic device is brought by the 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 removes the 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;

     (2)  The plan shall include a description of the methods for the convenient collection of electronic devices at no cost to the owner, except as provided in paragraph (1).  The recycling plan shall provide for collection services of electronic devices in each county and zip code tabulation area, as defined by the United States Census Bureau, with a population greater than twenty‑five thousand.  The recycling plan shall include at least one of the following:

          (A)  Staffed drop-off sites;

          (B)  Alternative collection services, including on‑site pick-up services; or

          (C)  Collection events held at an easily accessible, central location;

     (3)  The plan shall provide collection services at a minimum of once per month;

     (4)  The plan shall not contain only a mail-back option;

     (5)  For the recycling of covered batteries, the plan shall specify the manner in which collection sites, services, and events will be operated to ensure that covered batteries are collected safely and handled in accordance with all applicable federal, state, and county laws and ordinances;

    [(5)] (6)  The plan shall specify the use of only collectors registered with the State pursuant to section 339D-28; and

    [(6)] (7)  The plan shall specify the use of recyclers that have achieved and maintained third-party accredited certification from the Responsible Recycling Standard for Electronics Recyclers (R2), Standard for Responsible Recycling and Reuse of Electronic Equipment (e-Stewards), or an internationally accredited third-party environmental management standard for the safe and responsible handling of electronic devices."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on January 1, 2026.

 

INTRODUCED BY:

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Report Title:

Lithium-ion Batteries; Recycling; Electronic Device Recycling and Recovery Act; DOH; Extended Producer Responsibility; E-Waste

 

Description:

Expands the Electronic Device Recycling and Recovery Act to include the collection and recycling of certain lithium-ion batteries.  Requires manufacturers of lithium-ion batteries to recycle or arrange for the recycling of lithium-ion batteries sold in the State, and ensure the safe collection, storage, transportation, and recycling of batteries.

 

 

 

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