REPORT TITLE: 
Batteries


DESCRIPTION:
Establishes the battery-bounty program to collect used batteries.
(HB2012 HD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2012
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO THE RECYCLING OF BATTERIES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The present law requires a seller of batteries
 
 2 to take back at least the same number of used batteries as the
 
 3 number purchased, if offered by the purchaser. The legislature
 
 4 finds that this law is failing to keep discarded lead batteries
 
 5 from ending up in public places, landfills, and illegal dump
 
 6 sites.  These batteries must be gathered to a collection site
 
 7 and disposed off in an appropriate manner.  There is presently
 
 8 little incentive for people to deliver these batteries to a
 
 9 collection site. The legislature finds it is in the public
 
10 interest that a bounty be placed on these discarded batteries.
 
11 Further, to prevent theft and other unacceptable means of
 
12 acquiring batteries, the collection of the battery-bounty will be
 
13 limited to recognized nonprofit organizations.  The battery-
 
14 bounty program only addresses the problem of disposing of the
 
15 current supply of discarded batteries.
 
16      SECTION 2. Chapter 342I, Hawaii Revised Statutes, is amended
 
17 by adding a new part to be appropriately designated and to read
 
18 as follows:
 

 
Page 2                                                     2012
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1               "PART  . USED BATTERY BOUNTY PROGRAM
 
 2      �342I-A  Definitions.  As used in this part unless the
 
 3 context otherwise requires:
 
 4      "Battery bounty" means that amount that the department will
 
 5 give to a battery collector for a used battery when delivered and
 
 6 received at a used battery collection site.
 
 7      "Battery collector" means a nonprofit entity having a board
 
 8 of directors and qualifying under section 501(c)(3) of the
 
 9 Internal Revenue Code of 1986, as amended, that has registered
 
10 with the department.
 
11      "Department" means the department of health.
 
12      "Used battery" means a used lead acid battery.
 
13      "Used battery collection site" means a site designated by
 
14 the department of health for the purpose to receiving, storing
 
15 and appropriately disposing of used batteries.
 
16      �342I-B  Battery bounty program.  The department shall adopt
 
17 rules pursuant to chapter 91 to establish and operate a used
 
18 battery bounty program that will establish used battery
 
19 collection sites to receive used batteries from battery
 
20 collectors and pay the battery bounty.  The program shall
 
21 commence on July 1, 2000 or as soon thereafter as the adoption of
 
22 the rules permit."
 

 
 
 
Page 3                                                     2012
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 3.  Section 128D-2, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  Moneys from the fund shall be expended by the
 
 4 department for response actions and preparedness, including
 
 5 removal and remedial actions, consistent with this chapter;
 
 6 provided that the revenues generated by the "environmental
 
 7 response tax" and deposited into the environmental response
 
 8 revolving fund:
 
 9      (1)  Shall also be used:
 
10           (A)  For oil spill planning, prevention, preparedness,
 
11                education, research, training, removal, and
 
12                remediation; [and] 
 
13           (B)  For direct support for county used oil recycling
 
14                programs; and
 
15           (C)  For the battery bounty program described in
 
16                part     of chapter    ; and
 
17           (2)  May also be used to address concerns related to
 
18                drinking water, underground storage tanks,
 
19                including support for the underground storage tank
 
20                program of the department and funding for the
 
21                acquisition by the State of a soil remediation
 
22                site and facility."  
 

 
 
 
Page 4                                                     2012
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 4.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 5.  This Act shall take effect upon its approval.