Hawaii 2022 Regular Session

Hawaii Senate Bill SB2203 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2203 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT RELATING TO SUSTAINABLE ELECTRONICS MANAGEMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2203
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2203
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO SUSTAINABLE ELECTRONICS MANAGEMENT.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that use of electronic devices has grown substantially over the past two decades. According to the United States Environmental Protection Agency, Americans have generated approximately three million tons of waste in consumer electronics goods per year during the last decade. The legislature further finds that while recycling of electronic devices prevents valuable materials from going into the waste stream, preventing waste in the first place is preferable to any waste management option. Refurbishing used but still functioning electronic devices for reuse extends the lives of valuable products and keeps them out of the waste stream for a longer duration. Refurbishing used electronic devices also allows new users, such as schools, nonprofit organizations, and lower‑income families, to obtain equipment that they otherwise cannot afford. The purpose of this Act is to promote electronics stewardship and reduce electronic waste in the State by requiring state departments and agencies to transfer certain electronic devices to the department of accounting and general services, which will refurbish and distribute these devices to eligible entities in the State. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "CHAPTER A SUSTAINABLE STATE ELECTRONICS ACT §A-1 Short title. This chapter shall be known as the "Sustainable State Electronics Act". §A-2 Definitions. As used in this chapter, unless the context requires otherwise: "Covered electronic device" has the same meaning as defined in section 339D-1. "Covered electronic device" includes enterprise information technology hardware, including data storage devices, network equipment, servers, and server racks. "Covered entity" means any department, unit, or agency of the state government. "Covered refurbisher" means an organization that: (1) Is exempt from taxation under section 501(c)(3) of the United States Internal Revenue Code; (2) Is registered with the business registration division of the department of commerce and consumer affairs to conduct business in this State; (3) Maintains a physical place of operation in this State to receive and distribute excess electronic devices; (4) Has the ability to repair, upgrade, and refurbish excess electronic devices for use under this chapter; (5) Is registered with the department as a covered refurbisher under this chapter; and (6) Satisfies other criteria to operate as a covered refurbisher under this chapter, as determined by the department. "Covered television" has the same meaning as defined in section 339D-1. "Department" means the department of accounting and general services. "Excess electronic device" means any covered electronic device or covered television that is: (1) Owned and controlled by the State; (2) No longer necessary for the operations of the State, as determined by the covered entity; and (3) Properly functioning or may be repaired, upgraded, or refurbished for use, as determined by the covered entity. "Lease" means any transfer of the right to possession and use of goods for a term in return for consideration. "Nonpublic information" means information that is not: (1) Public record as defined in rule 1001(5), Hawaii Rules of Evidence, as set forth in of section 626-1; or (2) A government record that must be disclosed under section 92F-12. "Person" means any individual, business, partnership, limited liability company, corporation, nonprofit organization, association, government entity, public benefit corporation, or public authority. "Personal information" means the same as defined under section 487R-1. "Refurbished device" means an excess electronic device or covered television that is not functioning properly that has been refurbished. "Sell" or "sale" means any transfer of title to goods in return for consideration. §A-3 Covered entity responsibility. (a) No later than January 1, 2023, and at minimum, each year thereafter, each covered entity shall: (1) Identify any excess electronic devices and covered televisions that are not working properly; and (2) Transfer possession of the excess electronic devices and covered televisions that are not working properly to the department. (b) A covered entity, prior to the transfer of an excess electronic device under this section, shall remove data from the device, including but not limited to personal information and nonpublic information, according to the rules adopted by the department under this chapter. To the maximum extent practicable, the covered entity shall remove data using a means that does not remove, disable, or destroy critical functions, or otherwise render the excess electronic device unusable. The covered entity shall be allowed to remove any data storage devices from any excess electronic device before transferring the device to the department. §A-4 Department responsibility. (a) Beginning January 1, 2023, the department shall maintain and update a website with current information on covered refurbishers available in the State. The department shall notify all covered entities of their new responsibilities under this chapter. (b) No later than April 1, 2023, and each year thereafter, the department shall compile information regarding the excess electronic devices that were received, refurbished, recycled, and distributed during the previous year and submit a report to the legislature. (c) Upon receipt of an excess electronic device or covered television that is not functioning properly, the department shall examine the excess electronic device or covered television that is not functioning properly and determine if it may be repaired, updated, or refurbished for use. The department may request a covered refurbisher to examine the excess electronic device or covered television that is not functioning properly and determine if it may be repaired, updated, or refurbished for use. (d) Upon repair, update, or refurbishment of a device, the department may transfer the possession of the refurbished device, in the following order of priority, to: (1) The covered entity that transferred the device to the department; (2) Other covered entities in need of the refurbished device; and (3) A person who is: (A) A resident of this State; and (B) Determined to be in need in accordance with rules adopted by the department under this chapter. The department shall document and keep records of all transfers of property made pursuant to this section. No person who received title to and possession of a refurbished device under this chapter shall sell or lease the refurbished device. §A-5 Covered refurbisher responsibility. (a) A covered refurbisher, upon request from the department under this chapter, shall examine an excess electronic device or covered television and determine if the excess electronic device or covered television is functioning properly or may be repaired, updated, or refurbished for use; provided that: (1) Upon the determination that the covered electronic device or covered television can be repaired, updated, or refurbished for use, the department shall refurbish the excess electronic device or covered television that is not working properly for use; or (2) Upon the determination that the covered electronic device or covered television that is not working properly cannot be repaired, updated, or refurbished for use, the department shall recycle the covered electronic device or covered television that is not working properly in compliance with applicable law. (b) A covered refurbisher shall not be liable for electronic data or other information remaining on an excess electronic device under this chapter. §A-6 Sustainable state electronics special fund. (a) There is established in the state treasury the sustainable state electronics special fund, to be administered by the department, into which shall be deposited: (1) All revenues from the operations of this chapter; and (2) All administrative penalties or fees collected by the department under section A-7. (b) Moneys in the sustainable state electronics special fund shall be used for the administration of this chapter. §A-7 Administrative rules; enforcement; fees. (a) The department shall establish rules pursuant to chapter 91 to implement the purposes of this chapter, including any administrative penalties or fees. (b) The attorney general may file suit in the name of the State to enjoin an activity related to the sale or lease of excess electronic devices in violation of this chapter. (c) Any person found in violation of this chapter may be assessed a penalty not to exceed $1,000 for the first violation and not to exceed $2,000 for the second and each subsequent violation." SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 4. This Act shall take effect on July 1, 2022. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that use of electronic devices has grown substantially over the past two decades. According to the United States Environmental Protection Agency, Americans have generated approximately three million tons of waste in consumer electronics goods per year during the last decade.
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51	51	The legislature further finds that while recycling of electronic devices prevents valuable materials from going into the waste stream, preventing waste in the first place is preferable to any waste management option. Refurbishing used but still functioning electronic devices for reuse extends the lives of valuable products and keeps them out of the waste stream for a longer duration. Refurbishing used electronic devices also allows new users, such as schools, nonprofit organizations, and lower‑income families, to obtain equipment that they otherwise cannot afford.
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53	53	The purpose of this Act is to promote electronics stewardship and reduce electronic waste in the State by requiring state departments and agencies to transfer certain electronic devices to the department of accounting and general services, which will refurbish and distribute these devices to eligible entities in the State.
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55	55	SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
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57	57	"CHAPTER A
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59	59	SUSTAINABLE STATE ELECTRONICS ACT
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61	61	§A-1 Short title. This chapter shall be known as the "Sustainable State Electronics Act".
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63	63	§A-2 Definitions. As used in this chapter, unless the context requires otherwise:
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65	65	"Covered electronic device" has the same meaning as defined in section 339D-1. "Covered electronic device" includes enterprise information technology hardware, including data storage devices, network equipment, servers, and server racks.
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67	67	"Covered entity" means any department, unit, or agency of the state government.
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69	69	"Covered refurbisher" means an organization that:
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71	71	(1) Is exempt from taxation under section 501(c)(3) of the United States Internal Revenue Code;
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73	73	(2) Is registered with the business registration division of the department of commerce and consumer affairs to conduct business in this State;
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75	75	(3) Maintains a physical place of operation in this State to receive and distribute excess electronic devices;
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77	77	(4) Has the ability to repair, upgrade, and refurbish excess electronic devices for use under this chapter;
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79	79	(5) Is registered with the department as a covered refurbisher under this chapter; and
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81	81	(6) Satisfies other criteria to operate as a covered refurbisher under this chapter, as determined by the department.
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83	83	"Covered television" has the same meaning as defined in section 339D-1.
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85	85	"Department" means the department of accounting and general services.
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87	87	"Excess electronic device" means any covered electronic device or covered television that is:
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89	89	(1) Owned and controlled by the State;
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91	91	(2) No longer necessary for the operations of the State, as determined by the covered entity; and
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93	93	(3) Properly functioning or may be repaired, upgraded, or refurbished for use, as determined by the covered entity.
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95	95	"Lease" means any transfer of the right to possession and use of goods for a term in return for consideration.
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97	97	"Nonpublic information" means information that is not:
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99	99	(1) Public record as defined in rule 1001(5), Hawaii Rules of Evidence, as set forth in of section 626-1; or
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101	101	(2) A government record that must be disclosed under section 92F-12.
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103	103	"Person" means any individual, business, partnership, limited liability company, corporation, nonprofit organization, association, government entity, public benefit corporation, or public authority.
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105	105	"Personal information" means the same as defined under section 487R-1.
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107	107	"Refurbished device" means an excess electronic device or covered television that is not functioning properly that has been refurbished.
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109	109	"Sell" or "sale" means any transfer of title to goods in return for consideration.
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111	111	§A-3 Covered entity responsibility. (a) No later than January 1, 2023, and at minimum, each year thereafter, each covered entity shall:
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113	113	(1) Identify any excess electronic devices and covered televisions that are not working properly; and
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115	115	(2) Transfer possession of the excess electronic devices and covered televisions that are not working properly to the department.
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117	117	(b) A covered entity, prior to the transfer of an excess electronic device under this section, shall remove data from the device, including but not limited to personal information and nonpublic information, according to the rules adopted by the department under this chapter. To the maximum extent practicable, the covered entity shall remove data using a means that does not remove, disable, or destroy critical functions, or otherwise render the excess electronic device unusable. The covered entity shall be allowed to remove any data storage devices from any excess electronic device before transferring the device to the department.
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119	119	§A-4 Department responsibility. (a) Beginning January 1, 2023, the department shall maintain and update a website with current information on covered refurbishers available in the State. The department shall notify all covered entities of their new responsibilities under this chapter.
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121	121	(b) No later than April 1, 2023, and each year thereafter, the department shall compile information regarding the excess electronic devices that were received, refurbished, recycled, and distributed during the previous year and submit a report to the legislature.
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123	123	(c) Upon receipt of an excess electronic device or covered television that is not functioning properly, the department shall examine the excess electronic device or covered television that is not functioning properly and determine if it may be repaired, updated, or refurbished for use. The department may request a covered refurbisher to examine the excess electronic device or covered television that is not functioning properly and determine if it may be repaired, updated, or refurbished for use.
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125	125	(d) Upon repair, update, or refurbishment of a device, the department may transfer the possession of the refurbished device, in the following order of priority, to:
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127	127	(1) The covered entity that transferred the device to the department;
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129	129	(2) Other covered entities in need of the refurbished device; and
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131	131	(3) A person who is:
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133	133	(A) A resident of this State; and
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135	135	(B) Determined to be in need in accordance with rules adopted by the department under this chapter.
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137	137	The department shall document and keep records of all transfers of property made pursuant to this section. No person who received title to and possession of a refurbished device under this chapter shall sell or lease the refurbished device.
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139	139	§A-5 Covered refurbisher responsibility. (a) A covered refurbisher, upon request from the department under this chapter, shall examine an excess electronic device or covered television and determine if the excess electronic device or covered television is functioning properly or may be repaired, updated, or refurbished for use; provided that:
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141	141	(1) Upon the determination that the covered electronic device or covered television can be repaired, updated, or refurbished for use, the department shall refurbish the excess electronic device or covered television that is not working properly for use; or
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143	143	(2) Upon the determination that the covered electronic device or covered television that is not working properly cannot be repaired, updated, or refurbished for use, the department shall recycle the covered electronic device or covered television that is not working properly in compliance with applicable law.
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145	145	(b) A covered refurbisher shall not be liable for electronic data or other information remaining on an excess electronic device under this chapter.
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147	147	§A-6 Sustainable state electronics special fund. (a) There is established in the state treasury the sustainable state electronics special fund, to be administered by the department, into which shall be deposited:
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149	149	(1) All revenues from the operations of this chapter; and
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151	151	(2) All administrative penalties or fees collected by the department under section A-7.
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153	153	(b) Moneys in the sustainable state electronics special fund shall be used for the administration of this chapter.
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155	155	§A-7 Administrative rules; enforcement; fees. (a) The department shall establish rules pursuant to chapter 91 to implement the purposes of this chapter, including any administrative penalties or fees.
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157	157	(b) The attorney general may file suit in the name of the State to enjoin an activity related to the sale or lease of excess electronic devices in violation of this chapter.
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159	159	(c) Any person found in violation of this chapter may be assessed a penalty not to exceed $1,000 for the first violation and not to exceed $2,000 for the second and each subsequent violation."
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161	161	SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
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163	163	SECTION 4. This Act shall take effect on July 1, 2022.
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167	167	INTRODUCED BY: _____________________________
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169	169	INTRODUCED BY:
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177	177	Report Title: Sustainable Electronics Management; Excess Electronic Devices; Covered Televisions; Reuse Description: Requires state departments and agencies to transfer certain electronic devices to the Department of Accounting and General Services, which may refurbish and distribute these devices to eligible entities in the State or eligible private persons, as determined by rule. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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183	183	Report Title:
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185	185	Sustainable Electronics Management; Excess Electronic Devices; Covered Televisions; Reuse
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189	189	Description:
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191	191	Requires state departments and agencies to transfer certain electronic devices to the Department of Accounting and General Services, which may refurbish and distribute these devices to eligible entities in the State or eligible private persons, as determined by rule.
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199	199	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.