(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.
Terms Used In Hawaii Revised Statutes 339D-23
Brand: means a symbol, word, or mark that identifies an electronic device , rather than any of its components. See Hawaii Revised Statutes 339D-1
Person: means any individual, business, partnership, limited liability company, corporation, not-for-profit organization, association, government entity, public benefit corporation, or public authority. See Hawaii Revised Statutes 339D-1
Recycling: means processing , including disassembling, dismantling, or shredding, electronic devices or their components to recover a useable product. See Hawaii Revised Statutes 339D-1
Reuse: means any operation by which an electronic device changes ownership and is used for the same purpose for which it was originally purchased. See Hawaii Revised Statutes 339D-1
(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-D; 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.
