HB2640

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. However, in the implementation of this updated program, manufacturers have struggled to comply with all of the new requirements in Act 151, especially the increased weight targets, as the weights of electronics have decreased over time; and the increased penalties for failing to meet the electronic device collection requirements. In addition, the current program has not resulted in a significant increase in electronic waste collection sites.

Accordingly, the purpose of this Act is to amend chapter 339D, Hawaii Revised Statutes, to adjust the Electronic Device Recycling and Recovery Act to increase convenient collection opportunities for Hawaii residents and to clarify that manufacturers may coordinate collection activities to meet the requirements of the new law.

SECTION 2. Chapter 339D, Hawaii Revised Statutes, is amended by adding a new section to part IV 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 the provisions of 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 related to a plan to recycle 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 electronic devices approved pursuant to this part shall not be subject to damages, liability, or scrutiny under federal antitrust laws 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 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 electronic devices that is approved pursuant to this part are authorized and actively supervised by the State."

SECTION 3. Section 339D-23, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(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 that collaborate on plans designed to comply with requirements in section 339D-23.1(f) may coordinate plans in any program year."

SECTION 4. 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 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).

(1) Beginning January 1, 2023, the equivalent of fifty per cent, by weight, of the manufacturer's electronic devices sold in the State two years prior, unless amended by rule pursuant to chapter 91;

(2) Beginning January 1, 2024, the equivalent of sixty per cent, by weight, of the manufacturer's 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 electronic devices sold in the State two years prior, unless amended by rule pursuant to chapter 91.

(d) A manufacturer may collect any electronic device to meet its recycling goal.

(e) A manufacturer may consider reused electronic devices toward achieving its recycling goals.

(f) A manufacturer shall be considered to have satisfied the manufacturer's recycling obligations under subsection (c), if the manufacturer meets the requirements of section 339D-23(b) by providing only collection service locations for recycling at no cost to the owner in each county and zip code tabulation area, as defined by the United States Census Bureau, with a population greater than twenty-five thousand; provided that:

(1) A manufacturer may collaborate to provide collection locations collectively through a coordinating body designated by manufacturers for this purpose, or as individual manufacturers;

(2) 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

(3) A manufacturer choosing to comply with this section shall disclose their intent to do so and specify the use of any coordinating body in the manufacturer's annual plan submitted to the department pursuant to section 339D-23(c)."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2640
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII