HB3017

SECTION 1. The legislature finds that the State has taken significant strides over the past several years to protect and preserve Hawaii's precious resources and its environment. Recent examples such as the deposit beverage container recycling program and the work of the 2050 sustainability task force have furthered efforts toward Hawaii becoming the premier renewable and environmentally conscious state in the country.

Polystyrene foam (commonly referred to as "styrofoam") is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, and egg cartons. The legislature finds that the use and disposal of these polystyrene foam food service-ware products pose a significant threat not only to Hawaii's ecosystems and environment but also to the general health and welfare of the citizens of this State.

While the legislature recognizes the use of polystyrene foam as a sturdy, sanitary, economical, and convenient product for Hawaii's food service industries, the inherent nonbiodegradable nature and chemical composition of these products raise serious concerns.

Polystyrene foam is a nonrenewable petroleum byproduct composed of the chemicals styrene and benzene. Benzene is classified as a human carcinogen. Styrene is a neurotoxin, and it is also suspected to cause cancer. The United States Environmental Protection Agency currently is conducting an integrated risk information system review to establish whether to formally classify styrene as a carcinogen. There also exist concerns that styrene may leach into food and liquids when they are heated in polystyrene foam food service-ware products. The legislature further finds that eating foods heated in these containers may pose a potential threat to human health.

Due to their inherent nonbiodegradable nonrecyclable nature, polystyrene foam products take hundreds of years to decompose. Therefore, the legislature further finds that these products pose a significant detrimental long‑term impact upon Hawaii's environment and ecosystems.

Used polystyrene foam products are often buried in landfills across the State. The legislature further finds that these products take up a substantial percentage of available landfill space, and that this practice should be curtailed, given the present lack of available landfill space in the State.

The legislature further finds that as polystyrene foam breaks down in the State's landfills, dangerous chemicals are leaching into the seepage of the landfills. This seepage is pumped out of the landfill and inadequately processed and treated before being discharged into the ocean, and this practice threatens marine ecosystems around the State.

When polystyrene foam is incinerated at the Honolulu waste energy recovery facility, it produces a dense, black, irritating smoke that contains acidic gases, carbon monoxide, carbon dioxide, and styrene. The National Bureau of Standards Center for Fire Research has identified fifty-seven chemical byproducts that are released during the combustion of polystyrene foam. Many of these chemical compounds have been found to contribute to global warming and are a definite threat to human health. In addition, residual ash, a necessary byproduct of the incineration process, is ultimately placed in the State's landfills. This ash contains many of the dangerous chemicals that leach into the seepage of the landfills and have an adverse impact upon Hawaii's ecosystems and environment.

The legislature further finds that litter containing polystyrene foam food service-ware products, is not only an aesthetic concern but also raises significant health and welfare concerns. When polystyrene foam is not properly disposed of, it repeatedly breaks down over time into smaller pieces. Various creatures including birds, marine mammals, and fish mistake these smaller, broken down pieces of foam for food and eat them, which either chokes the animal or clogs its digestive system. This poses a significant threat to Hawaii's wildlife and fragile ecosystems.

The legislature finds that polystyrene foam food service-ware products pose a significant and substantial threat to Hawaii's environment and also create a threat to the health and general welfare of its citizens.

The purpose of this Act is to prohibit the distribution and use of disposable food service-ware that contains polystyrene foam by commercial, nonprofit, and government entities.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

DISPOSABLE FOOD SERVICE-WARE

§ ‑1 Definitions. As used in this chapter, unless the context otherwise requires:

"Department" means the department of health.

"Disposable food service-ware" means all containers, bowls, plates, trays, cartons, cups, and other items that are designed for one-time use to contain prepared foods, including without limitation, food service-ware for takeout foods and leftovers from partially consumed meals.

"Polystyrene foam" means blown polystyrene and expanded and extruded foams (commonly referred to as "styrofoam") that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, the fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene).

"Prepared food" means food or beverages that are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared on a food vendor's premises or within the State.

§ ‑2 Prohibition on polystyrene foam disposable food service-ware. Beginning January 1, 2010:

(1) Restaurants, retail food vendors, nonprofit and government food providers, and packagers that serve, vend, provide, or package prepared food in the State are prohibited from providing or selling prepared food in disposable food service-ware that contains polystyrene foam;

(2) State and county agencies are prohibited from purchasing, acquiring, or using disposable food service-ware that contains polystyrene foam; and

(3) Public contractors and lessees are prohibited from using disposable food service-ware that contains polystyrene foam in state or county facilities while performing under a government contract or lease.

§ ‑3 Rules. The department shall adopt rules, pursuant to chapter 91, as may be necessary to carry out the purpose of this chapter.

§ ‑4 Penalties. Any person violating this chapter shall be subject to:

(1) For a first violation, or any violation not preceded within a one-year period by a violation of this chapter, a fine of not more than $250 per violation; and

(2) For a second or subsequent violation within one year of the last violation of this chapter, a fine of not more than $500 per violation."

SECTION 3. The department of health, in coordination with the department of business, economic development, and tourism, shall establish a program to educate the general public and the food service industry about the threats posed by polystyrene foam and encourage early compliance with this Act.

As part of this program, the department of business, economic development, and tourism shall create, regularly update, distribute, and make available a list of alternative forms of biodegradable or compostable food service-ware products that do not contain polystyrene foam.

SECTION 4. The department of business, economic development, and tourism shall evaluate the feasibility and potential for production of biodegradable disposable food service-ware products within the State and report its findings and recommendations to the legislature no later than twenty days prior to the convening of the 2010 regular session.

SECTION 5. The department of health, in consultation with the counties and relevant state agencies, and with input from members of the public, shall submit a report recommending changes to this Act, if necessary, including whether the ban imposed by this Act should be extended to other products, to the legislature no later than twenty days prior to the convening of the 2011 regular session.

SECTION 6. There is appropriated out of the environmental response revolving fund the sum of $750,000 or so much thereof as may be necessary for fiscal year 2008-2009 for the purposes of this Act.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 8. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	3017
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII