SB 391: RELATING TO RECYCLING.

A BILL FOR AN ACT

RELATING TO RECYCLING.

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

     SECTION 1.  (a)  There is established within the Hawaii state energy office an end-of-life lithium-ion battery management working group to examine how to maximize the management of end-of-life lithium-ion batteries in the State.

     (b)  The working group shall focus on:

     (1)  Best practices for end-of-life lithium-ion battery management;

     (2)  Cost, safety, and environmental impact comparison of in-state versus out-of-state recycling options;

     (3)  Feasibility of pursuing recycling options outside the United States;

     (4)  Cost analysis, infrastructure assessment, and enforcement considerations for establishing a lithium‑ion battery recycling program in the State; and

     (5)  Environmental impacts of different management practices.

     (c)  The working group shall consist of:

     (1)  The chief energy officer, or the chief energy officer's designee, who shall serve as the co‑chairperson of the working group;

     (2)  The director of the Hawaii natural energy institute, or the director's designee, who shall serve as the co‑chairperson of the working group;

     (3)  One representative from the department of health;

     (4)  One representative from each county waste management department; and

     (5)  One representative from each county fire department.

     (d)  The co-chairpersons of the working group shall invite the following individuals to serve as members of the working group:

     (1)  Two representatives from the electronic waste recycling industry;

     (2)  One representative from the battery manufacturing industry;

     (3)  One representative from the electronics manufacturing industry;

     (4)  One representative from the waste shipping industry;

     (5)  One representative from the insurance industry;

     (6)       representatives from retailers that sell batteries and battery-containing devices;

     (7)  One representative from an organization that specializes in extended producer responsibility policy;

     (8)  One representative from an environmental organization that specializes in waste reduction and recycling;

     (9)  One representative from the Hawaii Energy Policy Forum;

    (10)  One representative who specializes in consumer electronics repair; and

    (11)  Other individuals as invited by the co-chairpersons.

     (e)  The working group shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2026. 

     (f)  The working group shall be dissolved on June 30, 2026.

     SECTION 2.  This Act shall take effect on January 1, 2026.

Report Title:

Hawaii State Energy Office; End-of-Life Lithium-ion Battery Management Working Group; Report

Description:

Establishes an End-of-Life Lithium-ion Battery Management Working Group.  Requires a report to the Legislature.  Effective 1/1/2026.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO recycling.

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

     SECTION 1.  The legislature finds that the improper disposal of batteries and battery-embedded products creates significant safety and environmental dangers.  For example, in 2016, a four-alarm fire at a material recovery facility in San Mateo County, California, caused millions of dollars in damage.  The fire was likely caused by a rechargeable battery.

     In particular, lithium-ion batteries pose significant fire risks, with well-publicized incidents having occurred in homes and airliners.  Despite laws regulating the disposal of lithium‑ion batteries, many are improperly discarded and end up in landfills or other inappropriate parts of the solid waste system.  The improper disposal of rechargeable lithium-ion batteries in the State's landfills creates unnecessary safety hazards for workers and surrounding residents, while also posing environmental threats to the State's land and water resources, including the aquifer.

     The legislature finds that the lack of accessible recycling options causes many batteries to be improperly disposed of in landfills.  The legislature further finds that requiring lithium-ion battery producers to play a more active role in the recovery and recycling of their products will help to ensure that lithium-ion batteries stay out of the State's landfills.

     Accordingly, the purpose of this Act is to expand the Electronic Device Recycling and Recovery Act to include the collection and recycling of certain lithium-ion batteries.

     SECTION 2.  Section 339D-1, Hawaii Revised Statutes, is amended by adding four new definitions to be appropriately inserted and to read as follows:

     ""Covered battery":

     (1)  Means a lithium-ion battery device consisting of one or more electrically connected electrochemical cells designed to receive, store, and deliver electric energy;

     (2)  Includes a lithium-ion battery that is:

          (A)  A loose battery that is either sold separately from a product or that is designed to be easily removed from a product by the user of the product with no more than common household tools; and

          (B)  A battery that is packed with, but not installed in, the product that the battery is intended to power, when the product is offered for sale by a manufacturer; and

     (3)  Does not include:

          (A)  A non-rechargeable battery;

          (B)  A rechargeable battery weighing more than five kilograms and having a watt-hour rating of more than three hundred watt-hours;

          (C)  A battery contained in a motor vehicle.

          (D)  A class I device as defined in title 21 United States Code section 360c that is either:

              (i)  A device described in title 42 Code of Federal Regulations section 414.202; or

             (ii)  Predominantly used in a health care setting by a health care provider or predominantly prescribed by a health care provider;

          (E)  A class II or class III device as defined in title 21 United States Code section 360c; and

          (F)  A battery that has been recalled.

     "Electrochemical cell" means a system consisting of an anode, a cathode, and an electrolyte, plus electrical or mechanical connections needed to allow the cell to deliver or receive electric energy.

     "Lithium-ion battery" means a rechargeable battery that uses lithium ions as the primary component of its electrolyte.

     "Motor vehicle" has the same meaning as in section 291C-1; provided that, for purposes of this chapter, "motor vehicle" does not include a motorized scooter, motorized skateboard, motorized hoverboard, or a vehicle intended to propel or move upon a highway only one individual person or property."

     SECTION 3.  Section 339D-1, Hawaii Revised Statutes, is amended by amending the definition of "electronic device" to read as follows:

     ""Electronic device":

     (1)  Means:

          (A)  A computer, computer printer, computer monitor, or portable computer with a screen size greater than four inches measured diagonally; [and]

          (B)  Any device that is capable of receiving broadcast, cable, or satellite signals and displaying television or video programing, including any direct view or projection television with a viewable screen of nine inches or larger with display technology based on cathode ray tube, plasma, liquid crystal, digital light processing, liquid crystal on silicon, silicon crystal reflective display, light emitting diode, or similar technology; and

          (C)  A covered battery; and

     (2)  Shall not include:

          (A)  An electronic device that is a part of a motor vehicle or any component part of a motor vehicle assembled by or for a motor vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;

          (B)  An electronic device that is functionally or physically required as a part of a larger piece of equipment designed and intended for use in an industrial, commercial, or medical setting, including diagnostic, monitoring, or control equipment;

          (C)  An electronic device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier;

          (D)  A telephone of any type including a mobile telephone; or

          (E)  A global positioning system."

     SECTION 4.  Section 339D-7.5, Hawaii Revised Statutes, is amended to read as follows:

     "§339D-7.5  Manufacturer and agent responsibilities; regulatory compliance.  Each manufacturer shall be responsible for ensuring that the manufacturer and its agents follow all federal, state, and local regulations when collecting, transporting, and recycling electronic devices, and adopt environmentally sound recycling practices for the electronic devices.  The manufacturer shall ensure that the manufacturer and its agents collect, store, transport, and recycle covered batteries in a safe manner."

     SECTION 5.  Section 339D-23, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(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)  For the recycling of covered batteries, the plan shall specify the manner in which collection sites, services, and events will be operated to ensure that covered batteries are collected safely and handled in accordance with all applicable federal, state, and county laws and ordinances;

    [(5)] (6)  The plan shall specify the use of only collectors registered with the State pursuant to section 339D-28; and

    [(6)] (7)  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."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on January 1, 2026.

Report Title:

Lithium-ion Batteries; Recycling; Electronic Device Recycling and Recovery Act; DOH; Extended Producer Responsibility; E-Waste

Description:

Expands the Electronic Device Recycling and Recovery Act to include the collection and recycling of certain lithium-ion batteries.  Requires manufacturers of lithium-ion batteries to recycle or arrange for the recycling of lithium-ion batteries sold in the State, and ensure the safe collection, storage, transportation, and recycling of batteries.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 792

Honolulu, Hawaii

RE:    S.B. No. 391

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 391, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RECYCLING,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish an End-of-Life Lithium-ion Battery Management Working Group; and

     (2)  Require the Working Group to submit a report of its findings and recommendations to the Legislature.

     Your Committee received testimony in support of this measure from the Department of Health, Hawaii State Energy Office, Department of Environmental Management of the County of Hawaiʻi, Sierra Club of Hawaiʻi, Environmental Caucus of the Democratic Party of Hawaiʻi, Climate Protectors Hawaii, and two individuals.

     Your Committee received comments on this measure from Radius Recycling and one individual.

     Your Committee finds that lithium-ion batteries, which constitute the primary power sources for electric vehicles and energy storage systems in the State, are a source of chemical and electrical hazards that pose serious risks to the environment.  The storage, transportation, and disposition of lithium-ion batteries present unique waste management challenges, particularly given the potential for fires and toxic chemical releases, the limited options for affordably off-shipping used and damaged batteries, and the lack of lithium battery processing or recycling facilities in the State.  This measure will address these issues by establishing an End-of-Life Lithium-ion Battery Working Group to identify the best strategies and develop policies to encourage the proper, safe disposal of lithium-ion batteries in the State.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 391, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

STAND. COM. REP. NO. 651

Honolulu, Hawaii

RE:    S.B. No. 391

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Agriculture and Environment, to which was referred S.B. No. 391 entitled:

"A BILL FOR AN ACT RELATING TO RECYCLING,"

begs leave to report as follows:

     The purpose and intent of this measure is to, beginning January 1, 2026:

     (1)  Expand the Electronic Device Recycling and Recovery Act to include the collection and recycling of certain rechargeable lithium-ion batteries and lithium-ion battery-embedded products;

     (2)  Require manufacturers under the Electronic Device Recycling and Recovery Act to ensure that the manufacturer and its agents collect, store, transport, and recycle rechargeable lithium-ion batteries and lithium-ion battery-embedded products in a safe manner; and

     (3)  Require manufacturers under the Electronic Device Recycling and Recovery Act to include certain information regarding the recycling of certain rechargeable lithium-ion batteries and lithium-ion battery-embedded products in its recycling plan.

     Your Committee received testimony in support of this measure from the Hawaiʻi Climate Change Mitigation and Adaptation Commission, Hawaiʻi Reef and Ocean Coalition, and one individual.

     Your Committee received testimony in opposition to this measure from the Retail Merchants of Hawaii; IT Reuse Hawaiʻi; and Mr. K's Recycle and Redemption Center, Inc.

     Your Committee received comments on this measure from the Department of Health and Hawaii State Energy Office.

     Your Committee finds that the improper disposal of batteries and battery-embedded products creates considerable safety and environmental dangers, noting that lithium-ion batteries, in particular, pose significant fire risks.  Your Committee recognizes that although recycling helps to protect the environment and move the State toward a more sustainable future, because of the lack of accessible recycling options, certain products, like rechargeable lithium-ion batteries, remain improperly disposed of as solid waste and end up in landfills or other inappropriate parts of the solid waste system.  This measure seeks to ensure that lithium-ion batteries are properly disposed of and stay out of the State's landfills by requiring lithium-ion battery producers to play a more active role in the recovery and recycling of their products.

     According to testimony received by your Committee, because existing law regulates the disposal of lithium-ion batteries, the formation of a working group is recommended to ensure the success of additional legislation regarding the end-of-life management of lithium-ion batteries in the State.  Amendments to this measure are therefore necessary to address this issue.

     Your Committee has amended this measure by deleting its contents and replacing it with language that:

     (1)  Establishes an End-of-Life Lithium-ion Battery Management Working Group;

     (2)  Requires the Working Group to submit a report to the Legislature before the Regular Session of 2026; and

     (3)  Makes technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 391, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 391, S.D. 1, and be referred to your Committee on Commerce and Consumer Protection.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,