CONFERENCE COMMITTEE REP. NO. 144-18

Honolulu, Hawaii

, 2018

RE: S.B. No. 2571

S.D. 2

H.D. 2

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2571, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO WATER POLLUTION,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to preserve marine ecosystems, including coral reefs, by:

(1) Beginning July 1, 2019, prohibiting the sale, offer for sale, and distribution for sale in Hawai‘i of any sunscreen containing oxybenzone or octinoxate, or both, without a prescription from a licensed healthcare provider;

(2) Prohibiting a county from enacting any ordinance or regulatory restriction to prohibit the sale, use, labeling, packaging, handling, distribution, or advertisement of sunscreens containing oxybenzone or octinoxate, or both, prior to July 1, 2019; and

(3) Appropriating funds to the Department of Land and Natural Resources for outreach and education on the prohibition and environmental impacts of sunscreen containing oxybenzone and octinoxate.

Your Committee on Conference finds that two chemicals contained in many sunscreens, oxybenzone and octinoxate, have significant harmful impacts on the marine environment and ecosystems of Hawai‘i, including coral reefs that protect the shoreline. Furthermore, as the environmental contamination of oxybenzone and octinoxate is constantly refreshed and renewed daily by swimmers and beachgoers who apply sunscreens containing these two chemicals, the contamination persists in the coastal waters of Hawai‘i. By prohibiting the sale and distribution in Hawai‘i of sunscreens containing oxybenzone or octinoxate, or both, without a prescription, this measure preserves marine ecosystems, including coral reefs, in Hawai‘i.

Your Committee on Conference has amended this measure by:

(1) Delaying from July 1, 2019, to January 1, 2021, the beginning date from which the sale and distribution of sunscreens containing oxybenzone or octinoxate, or both, are prohibited;

(2) Prohibiting a county from enacting an ordinance or regulatory restriction to prohibit the sale, distribution, or advertisement of sunscreens containing oxybenzone or octinoxate, or both, prior to January 1, 2021, rather than July 1, 2019;

(3) Clarifying that sunscreen is a product marketed or intended for topical use to prevent sunburn and does not include products marketed or intended for use as a cosmetic for the face;

(4) Removing the appropriation to the Department of Land and Natural Resources for outreach and education on the prohibition and environmental impacts of sunscreen containing oxybenzone and octinoxate; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2571, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2571, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ CHRIS LEE Co-Chair	____________________________ KARL RHOADS Chair
____________________________ ROY M. TAKUMI Co-Chair	____________________________ MIKE GABBARD Co-Chair
____________________________ SYLVIA LUKE Co-Chair	____________________________ ROSALYN H. BAKER Co-Chair
	____________________________ J. KALANI ENGLISH Co-Chair
	____________________________ DONOVAN M. DELA CRUZ Co-Chair