Bill Text: HI SB197 | 2012 | Regular Session | Introduced

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Bill Title: CFL Bulbs; Recycling; Disposal; Waste Management Plan

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB197 Detail]

Download: Hawaii-2012-SB197-Introduced.html

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THE SENATE	S.B. NO.	197
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to waste.

 

 

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

 

     SECTION 1.  Chapter 342J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§342J‑    Compact fluorescent light bulbs; signage, waste management plan.  (a)  Beginning on January 1, 2012, each retailer of compact fluorescent light bulbs shall post or cause to be posted a conspicuous sign in the English language that shall:

     (1)  Be at least four inches by six inches in size; and   (2)  Include the following information:

         (A)  The amount of mercury, in milligrams, contained in each compact fluorescent light bulb;

         (B)  The amount of lead contained in each compact fluorescent light bulb; and

         (C)  Instructions on how to safely handle and dispose of a broken compact fluorescent bulb, pursuant to relevant laws and administrative rules.

No compact fluorescent light bulb lacking the appropriate signage required under this subsection shall be sold in the State.

     (b)  Beginning on January 1, 2012, each manufacturer of compact fluorescent light bulbs shall be responsible for the proper collection, recycling, and disposal of the compact fluorescent light bulbs produced by that manufacturer and sold in the State.

     (c)  Each manufacturer of compact fluorescent light bulbs shall submit a waste management plan to the department of health no later than January 1, 2012, and by January 1 every       years thereafter.  The waste management plan shall include the following information:

     (1)  The methods that the manufacturer will use to properly collect, recycle, and dispose of compact fluorescent light bulbs produced in the State;

     (2)  The number and frequency of collections of compact fluorescent light bulbs;

     (3)  The methods that the manufacturer will use to educate consumers about the options for proper recycling and disposal of compact fluorescent light bulbs; and

     (4)  The funding mechanism that the manufacturer will use to implement the plan.

     (d)  The department shall assess and collect from the manufacturers and retailers subject to this section a fee of $           to be used for the administration and enforcement of this section.  The department shall adopt rules in accordance with chapter 91 to carry out the purposes of this section. 

     (e)  Any person who violates this section shall be subject to penalties under this chapter.

     (f)  For the purposes of this section:

     "Conspicuous sign" means a sign posted in the retailer's place of business in a location reasonably calculated to bring the sign to the attention of purchasers before making a purchase.

     "Manufacturer" means:

     (1)  Any entity that manufactures or otherwise produces compact fluorescent light bulbs or causes compact fluorescent light bulbs to be manufactured or produced anywhere, and intends to sell these light bulbs in this State; or

     (2)  Any entity that becomes a successor of an entity described in paragraph (1).

     "Retailer" means any person who sells or distributes compact fluorescent light bulbs in the State for consumption or use by the purchaser and not for resale."

     SECTION 2.  The department of health shall collaborate with and provide guidance to all manufacturers and retailers subject to this Act to ensure compliance with this Act.  The department may invite comments from other agencies, businesses, and citizens regarding best practices and potential funding sources for the management of compact fluorescent light bulb waste.

     SECTION 3.  The department of health shall make available to manufacturers and retailers of compact fluorescent light bulbs in the State materials and information including:

     (1)  Recommended methods for collecting, recycling, and disposing of compact fluorescent light bulbs;

     (2)  Recommended methods of educating consumers about the options for proper recycling and disposal of compact fluorescent light bulbs; and

     (3)  Available funding sources that manufacturers and retailers may access to implement the waste management plans required under this Act.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

CFL Bulbs; Recycling; Disposal; Waste Management Plan

 

Description:

Requires retailers of compact fluorescent light (CFL) bulbs to post signs with certain information by 1/1/2012.  Requires manufacturers of CFL bulbs to manage their CFL bulb waste by 1/1/2012 and submit a waste management plan by 1/1/2012.  Requires DOH to provide guidance for the plan.

 

 

 

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