HB2232.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	2232
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO environmental protection.

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

SECTION 1. The legislature finds that polystyrene foam, commonly known as styrofoam, is a material that causes environmental harm and poses a threat to marine life.

The purpose of this Act is to phase out the use of expanded polystyrene foam 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

EXPANDED POLYSTYRENE FOAM

Part I. GENERAL PROVISIONS

§ -1 Definitions. As used in this chapter:

"Department" means the department of health.

"Expanded polystyrene foam" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials using styrene.

"Food packager" means any person, located within the State, who places meat, eggs, bakery products, or other food in packaging materials, for the purpose of retail sale of those products.

"Polystyrene foam container" means a container that is made of expanded polystyrene foam.

"Prepared food" means food or beverages that are prepared to be consumed on or off the premises of the establishment which it was prepared.

"Undue hardship" includes but is not limited to situations in which:

(1) There are no acceptable alternatives to packaging with polystyrene foam containers for reasons that are unique to the applicant; or

(2) Compliance with the prohibition would deprive a person of a legally protected right.

§ -2 Rules. The department shall adopt rules, pursuant to chapter 91, necessary to implement this chapter, including rules relating to enforcement and exemptions.

§ -3 Exemption. The department may grant an exemption from the requirements of this chapter upon application and a showing by the applicant that:

(1) Compliance would cause undue hardship; or

(2) The applicant intends to use expanded polystyrene foam for applications relating to:

(A) Transportation;

(B) Construction;

(D) Safety,

and there are no acceptable alternatives to the use of expanded polystyrene foam.

Part II. POLYSTYRENE FOAM CONTAINERS

§ -11 Prohibition on the use of polystyrene foam containers. (a) Beginning on January 1, 2017, no restaurant or food establishment in the State shall serve food or beverages to be consumed in the restaurant or food establishment using polystyrene foam containers.

(b) Beginning on January 1, 2018, no restaurant, food establishment, resort, or hotel in the State shall:

(1) Serve or package prepared food or beverages in polystyrene foam containers; or

(2) Provide polystyrene foam containers for use with food or beverages.

(c) Beginning on January 1, 2020, no food packager in the State shall package meat, eggs, bakery products, or other food in a polystyrene foam container.

Part III. EXPANDED POLYSTYRENE FOAM

§ -21 Prohibition on the use of expanded polystyrene foam. Beginning on January 1, 2023, no person in the State shall use expanded polystyrene foam for any purpose unless granted an exemption pursuant to section -3."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. This Act shall take effect on July 1, 2016.

INTRODUCED BY:	_____________________________