SB 1298 Hawaii Senate · 2025 Regular Session

RELATING TO RECYCLING.

Summary

Expands the types of electronic devices subject to the Electronic Device Recycling and Recovery Act to include electronic device peripherals and certain legacy devices. Excludes manufacturers of only electronic device peripherals and no other electronic devices. Allows, rather than requires, the Department of Health to determine additional penalties. Requires manufacturers' recycling plans to describe communication efforts with the State and counties to facilitate consumer education efforts. Repeals the requirement that recycling plans be implemented and fully operational by 1/1/2023 in order for manufacturer collaboration authority to apply. Establishes additional manufacturer recycling goals beginning on 1/1/2026 and 1/1/2027. Requires additional information to be included in manufacturers' reports containing information for calendar years 2025, 2026, and 2027. Requires collectors to report certain information regarding recyclers and refurbishers and allows the Department of Health to require submission of bills of lading and recycler receiving reports. Requires a report to the Legislature. (CD1)

Issues: ✓ Environment

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Apr 2025

Senate Passage

Apr 2025

House Passage

Apr 2025

Signed into Law

Jun 2025

Introduced Jan 21, 2025 Signed Jun 3, 2025

Maddy AI version diff · 5 comparisons

What changed between versions

SB1298_SD1 → SB1298_SD2 · 6 edits

MODERATE

This bill amends Hawaii's electronic waste recycling law to address implementation challenges from the previous Act 151. It allows manufacturers to coordinate recycling efforts to avoid antitrust issues, expands covered devices to include peripherals and legacy electronics, and requires free collection services in high-population areas. The bill also adjusts recycling weight targets to account for lighter modern devices and sets a future effective date of July 1, 2050.

Scope change

The bill expands the scope of covered electronic devices to include peripherals (keyboards, mice, cords, adapters, speakers, video game consoles) and legacy devices, while explicitly excluding devices that are part of motor vehicles, industrial/commercial/medical equipment, appliances, and phones.

ELIGIBILITY

Added antitrust immunity for manufacturers and coordinating bodies to allow them to collaborate on recycling plans without legal scrutiny.

DEFINITION

Expanded the definition of covered electronic devices to include peripherals and legacy devices while excluding phones, vehicles, and industrial equipment.

REQUIREMENT

Added requirement for manufacturers to provide free collection services in zip codes with 25,000+ residents, one site on Molokai, and four annual events in Hawaii County outside Kona and Hilo.

Modified recycling weight targets to be based on two years prior sales data to account for decreasing device weights over time.

Added requirement that manufacturers must use registered collectors and recyclers with third-party accreditation (R2, e-Stewards, or equivalent).

TIMELINE

Changed the effective date from the original 2023/2024/2025 targets to July 1, 2050, significantly delaying implementation.

SB1298_HD2 → SB1298_SD1 · 8 edits

MODERATE

This bill amends Hawaii's electronic device recycling law to address implementation challenges from previous legislation by allowing manufacturers to coordinate recycling activities, expanding covered devices to include peripherals and legacy items, and requiring free collection services in high-population areas. The changes aim to improve recycling access for residents while providing manufacturers more flexibility to meet recycling goals.

Scope change

The bill expands the definition of 'covered electronic devices' to include electronic device peripherals (keyboards, cords, power supplies, speakers, video game consoles) and certain legacy devices, while also clarifying exclusions for vehicles, appliances, and telephones.

DEFINITION

Added new definition of 'covered electronic device' to include peripherals like keyboards, cords, power supplies, speakers, and video game consoles.

Added new definition of 'manufacturer' to clarify who is responsible for recycling obligations, including importers and those selling branded devices.

Modified definition of 'reuse' to mean any operation where a covered electronic device changes ownership and is used for the same original purpose.

REQUIREMENT

Added Section 339D-23.1 allowing manufacturers to coordinate recycling activities and collaborate on collection services without antitrust liability.

Modified collection service requirements to mandate free drop-off locations in zip codes with 25,000+ residents, one location on Molokai, and four annual collection events in Hawaii County outside Kona and Hilo.

Modified manufacturer recycling goals to allow consideration of reused devices toward meeting recycling targets.

Removed previous penalty structure that allowed the department to determine penalties based on adverse environmental impact and unfair competitive advantage.

TECHNICAL

Added Section 339D-23.1(f) requiring manufacturers to provide on-site collection locations, Molokai location, and Hawaii County collection events to satisfy recycling obligations.

SB1298_HD1 → SB1298_HD2 · 8 edits

MODERATE

This bill expands the definition of electronic devices subject to recycling requirements to include peripherals like keyboards, cords, and speakers, while excluding telephones and GPS devices. It modifies manufacturer recycling goals to extend through 2027, allows the Department of Health to impose penalties at its discretion rather than mandating specific fines, and requires additional reporting details on recyclers and reuse facilities. The bill also removes the requirement that manufacturer recycling plans be fully operational by January 1, 2023, and extends the timeline for manufacturer collaboration authority.

Scope change

Expanded to include electronic device peripherals (keyboards, cords, speakers, etc.) while explicitly excluding telephones, GPS devices, and devices within major appliances. Exemptions now apply to manufacturers who sell fewer than 100 devices annually or only manufacture peripherals.

DEFINITION

Added electronic device peripherals (keyboards, mice, cords, speakers, video game consoles) to the definition of electronic devices subject to recycling, while removing telephones and GPS devices from the definition.

REQUIREMENT

Extended manufacturer recycling goal deadlines from 2023 through 2027, with specific targets of 50%, 60%, 63%, 66%, and 70% by weight respectively.

Added new reporting requirements for manufacturers to include recycler names, reuse facility names, and specific collection data for years 2025-2027.

Added new collector reporting requirements to include recycler names, refurbisher names, and shipment details, with potential requirement for bills of lading.

Added requirement for manufacturer recycling plans to describe communication efforts with the State and counties for consumer education.

ENFORCEMENT

Changed penalty authority from mandatory to discretionary, allowing the Department of Health to determine penalties based on environmental impact and competitive fairness rather than imposing fixed fines.

TIMELINE

Removed the requirement that manufacturer recycling plans be fully operational by January 1, 2023, to allow more time for manufacturer collaboration and plan development.

ELIGIBILITY

Added exemptions for manufacturers who sell fewer than 100 electronic devices annually or only manufacture electronic device peripherals.

SB1298_CD1 → SB1298_HD1 · 8 edits

MODERATE

This bill expands the definition of electronic devices to include peripherals like keyboards, cords, and power supplies, while excluding motor vehicle parts and certain appliances. It modifies manufacturer recycling obligations, extending the timeline for plan implementation and adjusting recycling targets through 2027. The bill also updates reporting requirements for manufacturers and collectors to include more detailed data on recycling and reuse activities.

Scope change

The bill broadens the scope of electronic devices covered under recycling requirements to include peripherals, while narrowing the definition of 'manufacturer' to exclude those who only produce peripherals. It also removes the requirement that recycling plans be fully operational by January 1, 2023, allowing more time for manufacturer collaboration.

DEFINITION

Expanded 'electronic device' definition to include peripherals such as keyboards, mice, cords, power supplies, speakers, and video game consoles, while excluding motor vehicle parts and certain appliances like refrigerators and air conditioners.

Modified 'manufacturer' definition to exclude persons who sell fewer than 100 electronic devices annually and those who manufacture only electronic device peripherals.

TIMELINE

Removed the requirement that manufacturer recycling plans be fully operational by January 1, 2023, allowing more time for plan implementation and collaboration.

Set effective date for the Act to July 1, 3000, which appears to be a placeholder or error in the draft legislation.

REQUIREMENT

Adjusted manufacturer recycling targets: 50% by 2023, 60% by 2024, 63% by 2025, 66% by 2026, and 70% by 2027, based on weight of devices sold two years prior.

Added new reporting requirements for manufacturers to include detailed information on collection locations, device age, device types, recycler names, and reuse facilities for years 2025-2027.

Updated collector reporting requirements to include names of recyclers and refurbishers, along with weights of devices sent to each facility.

Added requirement for manufacturers to describe communication efforts with the State and counties to facilitate consumer education.

SB1298 → SB1298_CD1 · 6 edits

MODERATE

This bill amends Hawaii's Electronic Device Recycling and Recovery Act to expand the definition of covered electronic devices to include peripherals (like keyboards and cords) and legacy devices, while excluding motor vehicles and certain built-in electronics. It modifies manufacturer recycling targets to phase in higher weight-based collection goals starting in 2026 and 2027, and removes the requirement that manufacturer recycling plans be fully operational by January 1, 2023. The bill also allows the Department of Health to determine additional penalties based on environmental impact and requires enhanced reporting from manufacturers and collectors.

Scope change

The bill expands the scope of covered electronic devices to include peripherals and legacy devices, while explicitly excluding motor vehicles, industrial/medical equipment, and built-in electronics from appliances. It also modifies the applicability of manufacturer recycling obligations by adjusting weight targets and removing the 2023 operational deadline for recycling plans.

DEFINITION

Expanded the definition of 'electronic device' to include peripherals (keyboards, mice, cords, power supplies, speakers, video game consoles) and legacy devices, while excluding motor vehicles, industrial/medical equipment, and built-in electronics from appliances.

REQUIREMENT

Removed the requirement that manufacturer recycling plans be fully operational by January 1, 2023, to allow time for manufacturer collaboration on recycling activities.

Modified manufacturer recycling weight targets to phase in higher percentages starting in 2026 (66%) and 2027 (70%), replacing the previous 70% target that began in 2025.

Added new reporting requirements for manufacturers and collectors to include detailed information about collection locations, types of devices collected, recycler names, and reuse facility information for reports covering 2025-2027.

ENFORCEMENT

Changed the Department of Health's authority to determine penalties from mandatory to discretionary, allowing the department to consider environmental impact and competitive advantage when setting penalties.

TIMELINE

Added a requirement for the Department of Health to submit a report to the legislature by 2028 with recommendations on collection weights and recycling obligations.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 30, 2025

Lower · Passed

Passed Final Reading as amended in CD 1 with Representative(s) Amato voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1).

lower

Apr 30, 2025

Upper · Passed

Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none.

upper

Apr 24, 2025

Lower · Passed

Reported from Conference Committee (Conf Com. Rep. No. 86) as amended in (CD 1).

lower

Apr 24, 2025

Introduced

48 Hrs. Notice (as amended CD 1) 04-30-25.

upper

Apr 24, 2025

Upper · Passed

Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 86).

upper

Apr 24, 2025

Lower · Passed

The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Lowen, Matayoshi, Quinlan, Pierick; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.

lower

Apr 24, 2025

Upper · Passed

The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) Gabbard, Keohokalole, DeCoite, Richards; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Hashimoto, Fevella.

upper

Apr 24, 2025

Lower · Passed

Conference Committee Meeting will reconvene on Thursday, 04-24-25 at 1:45PM in Conference Room 325.

lower

Apr 22, 2025

Lower · Passed

Bill scheduled for Conference Committee Meeting on Thursday, 04-24-25 11:05AM in conference room 325.

lower

Apr 10, 2025

Amended

Senate disagrees with House amendments.

upper

Apr 10, 2025

Introduced

Received from House (Hse. Com. No. 677).

upper

Apr 8, 2025

Lower · Passed

Passed Third Reading as amended in HD 2 with Representative(s) Amato, Iwamoto voting aye with reservations; none voting no (0) and Representative(s) Cochran, Marten excused (2). Transmitted to Senate.

lower

Apr 2, 2025

Lower · Passed

The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Matayoshi, Chun, Ilagan, Ichiyama, Iwamoto, Kong, Lowen, Marten, Tam; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Pierick.

lower

Mar 21, 2025

Committee

Reported from EEP (Stand. Com. Rep. No. 1491) as amended in HD 1, recommending passage on Second Reading and referral to CPC.

lower

Mar 18, 2025

Lower · Passed

The committee on EEP recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 4 Ayes: Representative(s) Lowen, Perruso, Kahaloa, Kusch; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Quinlan, Ward.

lower

Mar 6, 2025

Committee

Referred to EEP, CPC, referral sheet 19

lower

Mar 4, 2025

Introduced

Received from Senate (Sen. Com. No. 297) in amended form (SD 2).

lower

Mar 4, 2025

Upper · Passed

Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 23; Aye(s) with reservations: none. Noes, 2 (Senator(s) Awa, DeCorte). Excused, 0 (none). Transmitted to House.

upper

Feb 25, 2025

Upper · Passed

The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 4 Aye(s): Senator(s) Keohokalole, Fukunaga, McKelvey, Richards; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none.

upper

Feb 20, 2025

Upper · Passed

The committee(s) on CPN will hold a public decision making on 02-25-25 9:32AM; Conference Room 229 & Videoconference.

upper

Feb 14, 2025

Committee

Reported from AEN/HHS (Stand. Com. Rep. No. 541) with recommendation of passage on Second Reading, as amended (SD 1) and referral to CPN.

upper

Feb 7, 2025

Upper · Passed

The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Aquino, Hashimoto, Keohokalole; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella.

upper

Feb 7, 2025

Upper · Passed

The committee(s) on AEN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in AEN were as follows: 5 Aye(s): Senator(s) Gabbard, Richards, DeCoite, Rhoads, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Feb 4, 2025

Upper · Passed

The committee(s) on AEN/HHS has scheduled a public hearing on 02-07-25 2:00PM; Conference Room 225 & Videoconference.

upper

Jan 27, 2025

Committee

Referred to AEN/HHS, CPN.

upper

Jan 23, 2025

Introduced

Introduced and passed First Reading.

upper

Jan 21, 2025

Introduced

Pending Introduction.

upper

4 primary · 1 co-sponsor