HB1640 SD1

SECTION 1. Chapter 339D, Hawaii Revised Statutes, is amended by adding two new sections to part IV to be appropriately designated and to read as follows:

"§339D- Manufacturer reporting requirements. (a) By August 1, 2022, and annually thereafter, each manufacturer shall report to the department its sales, by weight, of the manufacturer's electronic devices sold in the State in the previous calendar year, categorized by electronic device type.

(b) If the manufacturer is unable to provide accurate sales data, the manufacturer shall explain why the data cannot be provided and shall instead report an estimate of its sales data and provide an explanation of the methods used to derive the estimate.

(c) By March 31, 2023, and annually thereafter, each manufacturer shall report to the department the total weight of all electronic devices recycled or reused, by county, in the previous calendar year. Reports shall be submitted on forms prescribed by the department.

§339D- Collector reporting requirements. By March 31, 2024, and annually thereafter, each collector shall report to the department the weight of all electronic devices collected for recycling or reuse in the previous year. Reports shall be submitted on forms prescribed by the department and shall indicate the weight of electronic devices sent to each recycler and the number of electronic devices that were reused."

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

"Collector" means a person that accepts electronic devices for reuse or delivers the devices to a recycler for the purposes of this chapter.

"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

(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.

"Manufacturer":

(1) Means any person:

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

(B) Who sells or sold 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 electronic devices for delivery exclusively to or at the order of the licensor;

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

(2) Shall not include persons who sold fewer than one hundred electronic devices in the State during the previous calendar year.

"Recycler" means any person who engages in the recycling of electronic devices for the purposes of this chapter.

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

SECTION 3. (a) The director of health shall convene an electronic device recycling working group to determine the costs and benefits of establishing additional requirements for the collection and recycling of electronic devices.

(b) The working group shall consist of the following:

(1) The director of health, or the director's designee, who shall serve as the chair;

(2) The comptroller, or the comptroller's designee;

(3) A representative from the environmental service agency of each county, to be appointed by the mayor of the county in which the agency is located;

(4) An electronic device manufacturing industry representative, to be appointed by the senate president;

(5) A representative of a non-governmental organization in the reuse and recycling industry, to be appointed by the speaker of the house of representatives; and

(6) The president of the Chamber of Commerce Hawaii, or the president's designee.

(c) Members of the working group shall serve without compensation but may be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(d) The working group shall submit an interim report of its progress to the legislature no later than twenty days prior to the regular session of 2023, and a final report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the regular session of 2024.

(e) The working group shall cease to exist on June 30, 2024.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	1640
THIRTY-FIRST LEGISLATURE, 2022		H.D. 2
STATE OF HAWAII		S.D. 1