Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Energy and Environment, to which was referred H.B. No. 2013 entitled:

begs leave to report as follows:

The purpose of this measure is to phase out the use of brominated flame retardants and polybrominated diphenyl ethers (PBDEs) in the State of Hawaii.

Specifically, effective January 1, 2008, this measure prohibits the manufacture, processing, or distribution of any product or flame-retarded part of a product containing more than one-tenth of one percent of pentaBDE or octaBDE.

Your Committee received testimony in support of this measure from the State of Hawaii Women's Legislative Caucus and Healthy Mothers, Healthy Babies Coalition of Hawaii. Testimony in opposition to the measure was received from the Bromine Science and Environmental Forum.

Your Committee finds that scientists are warning of the increased presence of PBDEs in the environment with specific concern for the levels found in breast milk. Studies indicate that the chemical may interfere with brain development causing learning, memory, and behavioral problems. Your Committee further finds that alternative products are available that are safe for humans and the environment.

Your Committee has amended this measure by deleting the mandate to the Legislative Reference Bureau to make recommendations to the Legislature regarding the regulation of polybrominated diphenyl ethers, and by making technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2013, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2013, S.D. 1, and be referred to the Committee on Commerce, Consumer Protection and Housing.