HRS §339D-21 Applicability
339D-21. Applicability
The recycling provisions of this part shall apply only to electronic devices used and discarded in the State.
L 2009, c 183, pt of §6; am L 2022, c 151, §10
Electronic Device Recycling and Recovery
HRS div. 1, tit. 19, ch. 339D, pt. IV
in effectHRS §339D-22 Manufacturers
339D-22. Manufacturers
(a) No manufacturer shall sell or offer for sale any new electronic device in the State unless:
(1) The electronic device is labeled with a brand,
whether licensed or owned, and the label is permanently affixed; and
(2) The brand is included in a registration that is
filed with the department and that is effective pursuant to subsection (b).
(b) By January 1, 2023, before selling or
offering for sale any electronic device in the State, each manufacturer shall
register with the department and pay to the department a registration fee of
$5,000. Thereafter, if a manufacturer has not previously registered, the
manufacturer shall register with the department prior to any offer for sale for
delivery in the State of the manufacturer's new electronic device.
(c) Each manufacturer who is registered shall
submit an annual renewal of its registration and payment of a registration fee
of $5,000 to the department by January 1 of each year.
(d) The registration and each renewal shall
include a list of all of the manufacturer's brands of electronic devices and
shall be effective on the second day of the succeeding month after receipt by
the department of the registration or renewal.
(e) A manufacturer shall provide the
department with contact information for the manufacturer's designated agent or
employee whom the department may contact for information on the manufacturer's
compliance with the requirements of this section.
[L 2009, c 183, pt of §6; am
L 2022, c 151, §11]
HRS §339D-23 Manufacturer responsibility
339D-23. Manufacturer responsibility
(a) Beginning January 1, 2023, a manufacturer shall recycle or arrange for the recycling or reuse of any electronic device sold in the State. Manufacturers shall fully fund their recycling plan, including the collection, transportation, and recycling of all electronic devices in the State.
(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 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 electronic device is brought by the
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 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 electronic device to the owner;
(2) The plan shall include a description of the
methods for the convenient collection of electronic devices at no cost to the
owner, except as provided in paragraph (1). The recycling plan shall provide
for collection services of 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;
(3) The plan shall provide collection services at a
minimum of once per month;
(4) The plan shall not contain only a mail-back
option;
(5) The plan shall specify the use of only collectors
registered with the State pursuant to section 339D-28; and
(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 electronic devices.
(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.
(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.
(e) The obligations under this chapter for a
manufacturer that manufactures or manufactured electronic devices, or who sells
or sold electronic devices manufactured by others, under a brand that was
previously used by a different person in the manufacture of electronic devices,
shall extend to all electronic devices bearing that brand.
[L 2009, c 183, pt
of §6; am L 2022, c 151, §12]
HRS §339D-23.1 Manufacturer recycling goals
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).
(c) Each manufacturer shall collect and
recycle electronic devices according to the following:
(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.
[L 2022, c 151, pt of §1]
HRS §339D-23.2 Record keeping requirements
339D-23.2. Record keeping requirements
(a) Each manufacturer shall maintain records, for a minimum of five years, of the following:
(1) The amount, in weight, of its annual sales of
electronic devices sold in the State;
(2) The number of electronic devices it has collected
for recycling or reuse, by county; and
(3) The number of electronic devices recycled or
reused by each collector and recycler on behalf of the manufacturer.
(b) Nothing in this section is intended to
exempt any person from liability that the person would otherwise have under
applicable law.
[L 2022, c 151, pt of §1]
HRS §339D-23.3 Manufacturer reporting requirements
339D-23.3. 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.
[L 2022, c 151, pt of §1]
HRS §339D-24 Retailer responsibility
339D-24. Retailer responsibility
(a) Beginning January 1, 2023, no retailer shall sell or offer to sell any electronic device in the State unless a visible, permanent label clearly identifying the manufacturer of that device is affixed to the equipment and the manufacturer has registered with the State.
(b) Beginning January 1, 2023, retailers shall
make available to their customers information on collection services for
discarded electronic devices in the State and shall include the department's
website address and toll-free telephone number. Remote retailers may include
this information in a visible location on their website to fulfill this
requirement.
(c) Retailers shall not be liable in any way
for electronic data or other information that a consumer may have stored on an
electronic device that is recovered or recycled.
[L 2009, c 183, pt of §6; am L
2022, c 151, §13]
HRS §339D-25 Electronic device recovery system; consumer education
339D-25. Electronic device recovery system; consumer education
(a) The department shall develop a consumer education program about the electronic device recycling program.
(b) Beginning January 1, 2023, the department
shall display on its website a toll-free number and current information on
electronic device recycling locations.
[L 2009, c 183, pt of §6; am L 2022, c
151, §14]
HRS §339D-26 Environmental management
339D-26. Environmental management
(a) All electronic devices recovered pursuant to this part shall be recycled in a manner that complies with all applicable federal, state, and county laws and requirements.
(b) The department shall adopt by reference
the Institute of Scrap Recycling Industries, Inc.'s Electronics Recycling
Operating Practices as requirements.
[L 2009, c 183, pt of §6; am L 2022, c
151, §15]
HRS §339D-27 State procurement
339D-27. State procurement
All state and county agencies that purchase or lease any electronic device shall require each prospective offeror to certify compliance with this part. Failure to provide certification shall disqualify the prospective offeror.
L 2009, c 183,
pt of §6; am L 2022, c 151, §16
HRS §339D-28 Collector registration
339D-28. Collector registration
(a) By January 1, 2023, each collector shall register with the department, using forms prescribed by the department, and pay to the department a registration fee of $250. Thereafter, if a collector has not previously registered with the department, the collector shall register with the department prior to accepting electronic devices. A registration shall be valid until December 31 of each year.
(b) By January 1 of each year, each collector
shall submit an annual renewal of its registration with the payment of a
registration fee of $250.
[L 2022, c 151, pt of §1]
HRS §339D-29 Collector record keeping requirements
339D-29. Collector record keeping requirements
Each collector shall maintain records for a minimum of five years of the following:
(1) The amount, in weight, of electronic devices it
has collected for recycling and reuse and the amounts sent for recycling and
reuse; and
(2) Bills of lading or weight tickets for all
electronic devices sent for recycling or reuse.
[L 2022, c 151, pt of §1]
HRS §339D-30 Collector reporting requirements
339D-30. 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.
[L 2022, c 151, pt of §1]
HRS §339D-31 Collector responsibility
339D-31. Collector responsibility
Each collector shall possess and maintain all necessary business and environmental permits.
L 2022, c 151, pt of §1
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0339D/HRS_0339D-.htmFetched: 11/10/2026