CONFERENCE COMMITTEE REP. NO. 86

Honolulu, Hawaii

, 2025

RE: S.B. No. 1298

S.D. 2

H.D. 2

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir and Madam:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1298, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO RECYCLING,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Amend the Electronic Device Recycling and Recovery Act by:

(A) Expanding the types of electronic devices to include electronic device peripherals and certain legacy devices;

(B) Excluding manufacturers of only electronic device peripherals and no other electronic devices;

(C) Allowing, rather than require, the Department of Health to determine additional penalties and impose certain fines;

(D) Requiring manufacturers' recycling plans to describe communication efforts with the State and counties to facilitate consumer education efforts;

(E) Clarifying that a manufacturer or group of manufacturers shall implement its recycling plan upon approval from the Department of Health;

(F) Repealing the requirement that recycling plans be implemented and fully operational by January 1, 2023, for manufacturer collaboration authority to apply;

(G) Establishing additional manufacturer recycling goals beginning January 1, 2026, and January 1, 2027;

(H) Requiring additional information to be included in manufacturers' reports for calendar years 2025, 2026, and 2027;

(I) Requiring collectors to report certain information regarding recyclers and refurbishers; and

(J) Allowing the Department of Health to require collectors to submit bills of lading and recycler receiving reports for shipments to recyclers; and

(2) Require the Department of Health to submit a report to the Legislature prior to the Regular Session of 2028.

Your Committee on Conference recognizes that recent updates to state electronic waste laws have not led to an increase in recycling access and convenience to the general public. This measure updates and expands Hawaii's Electronic Device Recycling and Recovery Act to better address the current needs and concerns of the State's electronic waste recycling program to further promote responsible environmental practices and mitigate the impact of electronic waste on the public health and the delicate environment of the State.

Your Committee on Conference has amended this measure by:

(1) Restoring existing statutory language that requires the Department of Health to impose a penalty on manufacturers that fail to meet its recycling goals;

(2) Changing its effective date to July 1, 2025; and

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

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1298, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1298, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ NICOLE E. LOWEN Co-Chair	____________________________ MIKE GABBARD Chair
____________________________ SCOT Z. MATAYOSHI Co-Chair	____________________________ TROY N. HASHIMOTO Co-Chair
	____________________________ JARRETT KEOHOKALOLE Co-Chair