STAND. COM. REP. NO. 848

Honolulu, Hawaii

RE: S.B. No. 1298

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 1298, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RECYCLING,"

begs leave to report as follows:

The purpose and intent of this measure is to amend the Electronic Device Recycling and Recovery Act by:

(1) Allowing manufacturers to coordinate activities directly related to the recycling of covered electronic devices;

(2) Expanding the scope of covered electronic devices to include electronic device peripherals and certain legacy devices; and

(3) Requiring manufacturers to provide free collection service locations and collection events.

Your Committee received testimony in support of this measure from the Consumer Technology Association, Retail Merchants of Hawaii, and two individuals.

Your Committee received testimony in opposition to this measure from the County of Hawaiʻi Department of Environmental Management, Hawaii Environmental Change Agents, Mr. K's Recycle and Redemption Center, IT Reuse Hawaiʻi, Recycle Hawaiʻi, Hawaiʻi Reef and Ocean Coalition, and eleven individuals.

Your Committee received comments on this measure from the Department of Health.

Your Committee finds that electronic waste in the State has been a growing concern over the years. In response, the Legislature enacted Act 151, Session Laws of Hawaii 2022 (Act 151), which amended the Electronic Device Recycling and Recovery Act to make wholesale changes to the State's electronic waste recycling program. Among other things, Act 151 expanded the definition of "electronic waste", established manufacturer recycling goals, and required manufacturers to pay for convenient recycling options for consumers.

Your Committee finds, however, that the changes made through Act 151 have been slow to address the increasing amount of electronic waste in the State. Additionally, manufacturers have struggled to comply with all the new requirements in Act 151 due to the increased weight targets and penalties for failing to meet the collection requirements. Given the average weight of electronic devices having decreased over time, many other states have moved away from using weight requirements in their electronic waste laws. Accordingly, this measure keeps pace with the changes in electronic devices by incentivizing more permanent electronic waste recycling sites and increasing access and convenience for the general public to recycle their electronic waste.

Your Committee has amended this measure by:

(1) Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

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

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

________________________________

JARRETT KEOHOKALOLE, Chair