STAND. COM. REP. NO.  1568

Honolulu, Hawaii

                , 2017

RE:   S.B. No. 1150

      S.D. 2

      H.D. 3

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 1150, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PRESERVING CORAL REEFS,"

begs leave to report as follows:

The purpose of this measure is to protect coral reefs and marine life in Hawaii's marine life conservation districts by:

     (1)  Prohibiting the use or application of non-prescription sunscreen, sunblock, or cosmetics containing oxybenzone or other chemicals harmful to coral reefs in marine life conservation districts and prohibits the sale of such sunscreen, sunblock, or cosmetics by concessionaires serving marine conservation districts and nature preserves;

     (2)  Requiring commercial use permittees operating in marine life conservation districts to inform their customers of the prohibition; and

     (3)  Allowing the Department of Land and Natural Resources to adopt rules prohibiting the use of sunscreen, sunblock, or cosmetics containing oxybenzone in any area as needed to conserve marine resources.

The Office of Hawaiian Affairs, The Nature Conservancy of Hawaii, The Humane Society of the United States, Humane Society International, Sustainable Kohala, Surfrider Foundation, Stream2Sea, Sierra Club of Hawaii, Sea & Summit, LLC, Quest Global Management/Dolphin Quest, Green Party of Maui, Malama O Puna, EKW Research Development, Haereticus Environmental Laboratory, Friends of Hanauma Bay, Fearless Fund, For the Fishes, Hawaiian Affairs Caucus of the Democratic Party of Hawaii, Democratic Party of Hawaii, Animal Rights Hawaii, Americans for Democratic Action, All Good, Ban Toxic Sunscreens Hawaii, and numerous concerned individuals testified in support of this measure.  The Environmental Caucus of the Democratic Party of Hawaii, Trilogy Corporation dba Trilogy Excursions, Raw Elements USA, Ocean Tourism Coalition, Valley Isle Excursions, Maui Surf Lessons, LLC, Maui Stand Up Paddle Boarding, Maui Marketing, Maui Kayak Adventures, Sea Life Trust, Hawaiian Paddle Sports, Hawaii Mermaid Adventures, and a concerned individual testified in support of the intent of this measure.  The Department of Land and Natural Resources, The Chamber of Commerce Hawaii, Sailing Maui Inc., Quicksilver Charters, Personal Care Products Council, Hawaii Food Industry Association, Excellence Charters, Inc., American Academy of Dermatology Association, and Consumer Healthcare Products Association testified in opposition to this measure.  The Department of Health and Office of the Mayor of the County of Hawaii provided comments.

     Your Committee has amended this measure by deleting its contents and replacing it with the substance of H.B. No. 450 H.D. 1 S.D. 1, which requires the University of Hawaii to conduct a study on the effects of sunscreen used by swimmers and other ocean users on the coral reefs located in Hawaii waters and provides funds for the study. 

     Further, your Committee requests that the University of Hawaii, in conducting its study, also look at other factors that negatively impact coral reef systems, with particular consideration given to Kaneohe Bay, on the island of Oahu, which has been plagued by invasive algae and runoff that has had detrimental effects to the coral reef system.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1150, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1150, S.D. 2, H.D. 3.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ROY M. TAKUMI, Chair