RELATING TO RECYCLING.

HB906

HOUSE OF REPRESENTATIVES

H.B. NO.

906

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:

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SECTION 1.
�
The legislature finds that Act 151, Session
Laws of Hawaii 2022, amended the Electronic Device Recycling and Recovery Act
to make wholesale changes to the state electronic waste recycling program.
�
The purpose of Act 151 included, among other
things, expanding the definition of "electronic waste" to cover more
electronic devices, establishing manufacturer recycling goals, and requiring
manufacturers to pay for convenient recycling options for consumers.

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However, the changes made through
Act 151 have been slow to increase electronic waste collection sites and make
recycling more convenient for residents of the State.
�
In addition, in the implementation of Act 151,
manufacturers have struggled to comply with all new requirements, especially
due to increased weight targets and increased penalties for failing to meet the
electronic device collection requirements.
�

Weight targets have been particularly problematic since the weights of
electronic devices have decreased over time, and for that reason, many other
states and localities have moved away from using weight requirements.

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The legislature further finds that
incentivizing more permanent recycling sites and events and adding certain
legacy and peripheral devices to the law will expand recycling access and
convenience to the general public.

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Accordingly, the purpose of this Act

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 for residents of every zip code
containing twenty-five thousand or more residents, one on-site collection
service location on the island of Molokai, and at least four collection events
annually on the county of Hawaii outside of Kona and Hilo.

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SECTION 2.
�
Chapter 339D, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

����
"
�339D-
�
Manufacturer
coordination.
�
A manufacturer, a group of manufacturers,
or a coordinating body acting in accordance with this part may negotiate, enter
into contracts with, collaborate, coordinate, or otherwise conduct business
with each other and with any other entity developing, implementing, operating,
participating in, or performing any other activities directly related to a plan
to recycle covered electronic devices approved pursuant to this part.
�
The manufacturer, group of manufacturers, and
any entity developing, implementing, operating, participating in, or performing
any other activities related to a plan to recycle covered electronic devices
approved pursuant to this part shall not be subject to damages, liability, or
scrutiny under federal antitrust law or chapter 480, regardless of the effects
of their actions on competition.
�
The
supervisory activities described in this part are sufficient to confirm that
activities of the manufacturers, a group of manufacturers, and any entity
developing, implementing, operating, participating in, or performing any other
activities related to a manufacturer plan to recycle covered electronic devices
that is approved are authorized and actively supervised by the State.
"

����
SECTION
3
.
�
Section 339D-1,
Hawaii Revised Statutes, is amended as follows:

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1.
�

By amending the definition of "electronic device" to read:

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"[
"Electronic
]
"Covered
electronic
device":

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(1)
�
Means:

���������
(A)
�
A
computer, computer printer, computer monitor,
facsimile machine,
videocassette recorder, portable digital music player that has memory
capability and is battery powered, digital video disc player, digital video
disc recorder, router designed for household use, modem designed for household
use,
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)
�
Electronic
device peripherals, including:

�������������
(i)
�
A
keyboard, mouse, or other device sold exclusively for external use with a covered
electronic device as a wireless or corded device that provides input into, or
output from, a covered electronic device;

������������
(ii)
�
Cords
used with a covered electronic device or other electronic device peripheral;

�����������
(iii)
�
Power
supplies and adapters designed to support a covered electronic device;

������������
(iv)
�
Speakers
used with a computer or television and television sound bars; and

�������������
(v)
�
Video
game consoles; and

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(2)
�
Shall not include:

���������
(A)
�
[
An
]
A
covered
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
]
A
covered
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
]
A
covered
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."

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2.
�

By amending the definition of "manufacturer" to read:

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""Manufacturer":

����
(1)
�
Means
any person:

���������
(A)
�
Who
manufactures or manufactured
covered
electronic devices under a brand
that it owns or owned or is or was licensed to use, other than a license to
manufacture
covered
electronic devices for delivery exclusively to or at
the order of the licensor;

���������
(B)
�
Who
sells or sold
covered
electronic devices manufactured by others under a
brand that the seller owns or owned or is or was licensed to use, other than a
license to manufacture
covered
electronic devices for delivery
exclusively to or at the order of the licensor;

���������
(C)
�
Who
manufactures or manufactured
covered
electronic devices without affixing
a brand;

���������
(D)
�
Who
manufactures or manufactured
covered
electronic devices to which it
affixes or affixed a brand that it neither owns or owned nor is or was licensed
to use; or

���������
(E)
�
For
whose account
covered
electronic devices manufactured outside the United
States are or were imported into the United States; provided that if at the
time those
covered
electronic devices are or were imported into the
United States and another person has registered as the manufacturer of the
brand of the
covered
electronic devices, this subparagraph shall not
apply; and

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(2)
�
Shall not include
persons [
who
]
:

���������
(A)
�
Who

sold fewer than one hundred
covered
electronic devices in the State
during the previous calendar year[
.
]
;

���������
(B)
�
With a license to manufacture covered electronic
devices for delivery exclusively to or at the order of the licensor
;
or

���������
(C)
�
Who

manufacture only electronic device peripherals and no
other covered electronic devices.
"

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3.
�

By amending the definition of "reuse" to read:

����
"
"Reuse" means any
operation by which [
an
]
a covered
electronic device changes
ownership and is used for the same purpose for which it was originally
purchased."

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SECTION
4
.
�
Section
339D-23, Hawaii Revised Statutes, is amended to read as follows:

����
"
�339D-23
�
Manufacturer responsibility.
�

(a)
�
Beginning January 1, 2023, a
manufacturer shall recycle or arrange for the recycling or reuse of any
covered

electronic device sold in the State.
�

Manufacturers shall fully fund their recycling plan, including the
collection, transportation, and recycling of all
covered
electronic
devices in the State.

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(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
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 collection 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 manufacturer or 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
covered
electronic
device to the owner;

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(2)
�
The
plan shall include a description of the methods for the convenient collection
of
covered
electronic devices at no cost to the owner, except as
provided in paragraph (1).
�
The recycling
plan shall provide for collection services of
covered
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;

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

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

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

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(6)
�
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
covered

electronic devices.

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(c)
�

The department shall review each manufacturer's plan and, within sixty
days of receipt of the plan, determine whether the plan complies with this
part.
�
If the plan is approved, the
department shall notify the manufacturer or group of manufacturers.
�
If the plan is rejected, the department shall
notify the manufacturer or group of manufacturers and provide the reasons for
the plan's rejection.
�
Within thirty days
after receipt of the department's rejection, the manufacturer or group of
manufacturers may revise and resubmit the plan to the department for approval.

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(d)
�
Each
manufacturer may develop its own recycling plan or may collaborate with other
manufacturers[
; provided that the plan is implemented and fully operational
by January 1, 2023
].
�
Manufacturers
who collaborate on plans designed to comply with the requirements in section
339D-23.1(f) may coordinate such plans in any program year.

����
(e)
�

The obligations under this chapter for a manufacturer that manufactures
or manufactured
covered

electronic devices, or who sells or sold
covered
electronic devices
manufactured by others, under a brand that was previously used by a different
person in the manufacture of
covered

electronic devices, shall extend to all
covered
electronic devices
bearing that brand."

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SECTION
5
.
�
Section 339D-23.1, Hawaii Revised Statutes,
is amended to read as follows:

����
"
[
[
]
�339D-23.1[
]
]
�

Manufacturer recycling goals.
�
(a)
�

The department shall use the best available information to establish the
weight of all
covered
electronic devices sold in the State, including
the reports submitted pursuant to section 339D-23.3, state and national sales
data, and other reliable commercially available, supplemental sources of
information.

����
(b)
�

No later than October 1, 2022, and annually thereafter, the department
shall notify each manufacturer of its recycling obligation pursuant to
subsection (c).

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(c)
�
Each manufacturer shall collect and recycle
covered

electronic devices according to the following:

����
(1)
�
Beginning January
1, 2023, the equivalent of fifty per cent, by weight, of the manufacturer's
covered

electronic devices sold in the State two years prior, unless amended by
rule pursuant to chapter 91;

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(2)
�
Beginning January
1, 2024, the equivalent of sixty per cent, by weight, of the manufacturer's
covered

electronic devices sold in the State two years prior, unless amended by
rule pursuant to chapter 91; and

����
(3)
�
Beginning January
1, 2025, the equivalent of seventy per cent, by weight, of the manufacturer's
covered

electronic devices sold in the State two years prior, unless amended by rule
pursuant to chapter 91.

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(d)
�

A manufacturer may collect any
covered
electronic device to meet
its recycling goal.

����
(e)
�

A manufacturer may consider reused
covered
electronic devices
toward achieving its recycling goals.

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(f)
�
A manufacturer shall be considered to have
satisfied the recycling obligations under subsection (c) if the manufacturer
meets the requirements of section 339D-23(b)(2) by providing:

����
(1)
�
On-site
collection service locations for recycling at no cost in each county and zip
code tabulation area, as defined by the United States Census Bureau, with a
population greater than twenty-five thousand;

����
(2)
�
One on-site
collection service location on the island of Molokai; and

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(3)
�
Four or more
collection events in the county of Hawaii outside of Kona and Hilo.

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(g)
�
A manufacturer may collaborate to provide
collection locations under subsection (f) collectively through a coordinating
body designated by manufacturers for this purpose or as individual
manufacturers; provided that:

����
(1)
�
If actual
collection for a manufacturer under this section differs from the
manufacturer-specific recycling goals established by the department, a
coordinating body may use the proportional obligations reflected in those department-calculated
goals to reconcile each participating manufacturer's obligation; and

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(2)
�
A manufacturer
choosing to collaborate to provide collection locations under subsection (f)
collectively, pursuant to this subsection, shall disclose to the department its
intent to do so and specify the designated coordinating body in its annual plan
to be submitted pursuant to section 339D-23(b).
"

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SECTION 6.
�

Sections 339D-8, 339D-10, 339D-21, 339D-22, 339D-23.3, 339D-24, 339D-25,
and 339D-27, Hawaii Revised Statutes, are amended by substituting the phrase
"covered electronic device", or similar term, wherever the phrase
"electronic device", or similar term, appears, as the context
requires.

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SECTION 7.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 8.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Covered
Electronic Devices; Collection; Recycling; Manufacturers

Description:

Allows
manufacturers to coordinate activities directly related to the recycling of
covered electronic devices.
�
Expands the
scope of covered electronic devices to include electronic device peripherals
and certain legacy devices.
�
Requires
manufacturers to provide free collection service locations and collection
events.

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