Establishes the battery bounty program to collect used batteries.
(SB2990 HD1)

THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 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 of 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:

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 2      342I-   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 of receiving, storing
15 and appropriately disposing of used batteries.
16      342I-   Battery bounty program.  The department may
17 establish and operate a used battery bounty program that will
18 establish used battery collection sites to receive used batteries
19 from battery collectors and pay the battery bounty."
20      SECTION 3.  Chapter 342I, Hawaii Revised Statutes, is
21 amended by adding a new section to part I to be appropriately
22 designated and to read as follows:

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 1      "342I-  Lead acid battery importers or manufacturers.  (a)
 2 Any importer or manufacturer of lead acid batteries shall accept,
 3 at no additional cost, used lead acid batteries in the same
 4 number as those sold at any wholesale transaction.
 5      (b)  Every importer or manufacturer of lead acid batteries
 6 shall maintain monthly records of:
 7      (1)  Transactions of sales of new lead acid batteries;
 8      (2)  The acceptance of used lead acid batteries; and
 9      (3)  The disposition of used lead acid batteries.
10      (c)  Upon the request of the department of health, each
11 importer or manufacturer of lead acid batteries shall provide
12 these records to the department."
13      SECTION 4.  Section 128D-2, Hawaii Revised Statutes, is
14 amended by amending subsection (b) to read as follows:
15      "(b)  Moneys from the fund shall be expended by the
16 department for response actions and preparedness, including
17 removal and remedial actions, consistent with this chapter;
18 provided that the revenues generated by the "environmental
19 response tax" and deposited into the environmental response
20 revolving fund:
21      (1)  Shall also be used:
22           (A)  For oil spill planning, prevention, preparedness,
23                education, research, training, removal, and
24                remediation; [and] 

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 1           (B)  For direct support for county used oil recycling
 2                programs; and
 3           (C)  For the used battery bounty program described in
 4                part     of chapter    ; provided that not more
 5                than $250,000 shall be expended for this program;
 6           and
 7      (2)  May also be used to address concerns related to
 8           drinking water, underground storage tanks, including
 9           support for the underground storage tank program of the
10           department and funding for the acquisition by the State
11           of a soil remediation site and facility."  
12      SECTION 5.  Statutory material to be repealed is bracketed.
13 New statutory material is underscored.
14      SECTION 6.  This Act shall take effect upon its approval and
15 shall be repealed on June 30, 2002; provided that section 128D-
16 2(b), Hawaii Revised Statutes, is reenacted in the form in which
17 it read on the day before the approval of this Act.