STAND. COM. REP. NO. 295

Honolulu, Hawaii

RE: S.B. No. 793

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Agriculture and Environment, to which was referred S.B. No. 793 entitled:

"A BILL FOR AN ACT RELATED TO RECYCLING,"

begs leave to report as follows:

The purpose and intent of this measure is to amend recycling goals, penalties, and definitions under the Electronic Device Recycling and Recovering Act so that goals are based upon the manufacturer's overall market share in the State.

Your Committee received testimony in support of this measure from Consumer Technology Association and Retail Merchants of Hawaii. Your Committee received testimony in opposition to this measure from Mr. K's Recycle and Redemption Center, Recycle Hawaii, Clean the Pacific, and eleven individuals. Your Committee received comments on this measure from the Department of Health and one individual.

Your Committee finds that Act 151, Session Laws of Hawaii 2022 (Act 151), amended the Electronic Device Recycling and Recovery Act to set certain requirements for electronic device manufacturers to assist in the overall effort of recycling electronic waste in the State. Your Committee additionally finds that manufacturers have struggled to comply with the requirements of Act 151, which have forced them to accept severe penalties and thus, cost increases, which may ultimately be passed to consumers. This measure reduces the severity of the Electronic Device Recycling and Recovery Act by amending the shortfall penalties and establishing a method based on a manufacturer's overall market share to calculate recycling responsibilities and adding definitions to accommodate for this new method.

As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 793 and recommends that it pass Second Reading and be referred to your Committees on Commerce and Consumer Protection and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,

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MIKE GABBARD, Chair