STAND. COM. REP. NO. 2601

Honolulu, Hawaii

RE: S.B. No. 2571

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2571, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to preserve marine ecosystems, including coral reefs, by prohibiting the sale, offer for sale, and distribution in Hawaii of sun protection factor sunscreen protection personal care products containing oxybenzone and octinoxate without a medically licensed prescription.

Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs, City Council of the City and County of Honolulu District 4 member Trevor Ozawa, Oahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, Hawaii County Council District 4 member Eileen O'Hara, The Humane Society of the United States, Kona-Kohala Chamber of Commerce, Ban Toxic Sunscreens Hawaii, League of Women Voters of Hawaii, Surfrider Foundation Oahu Chapter, Oxybenzone-Free Hawaii Island, For the Fishes, Sierra Club of Hawaii, High Crown, Littlehandshawaii, Kona Chapter Hawaii Farmers Union United, Hawaii Fishing and Boating Association, and forty-three individuals. Your Committee received testimony in opposition to this measure from the Hawaii Food Industry Association, Consumer Healthcare Products Association, Personal Care Products Council, American Chemistry Council, and American Academy of Dermatology. Your Committee received comments on this measure from the Department of Health, Department of Land and Natural Resources, and one individual.

Your Committee finds that two chemicals present in many sunscreens, oxybenzone and octinoxate, have significant harmful impacts on Hawaii's marine environment and ecosystems, including coral reefs that protect Hawaii's shoreline. Your Committee finds that these chemicals can increase mortality in coral and endocrine disruption in marine vertebrates and invertebrates. Your Committee further finds that levels of oxybenzone and octinoxate are refreshed every day by swimmers and beachgoers, preventing dissipation of the pollutants. Accordingly, your Committee finds that a ban on oxybenzone and octinoxate will protect Hawaii's wildlife, coral reefs, and ecosystems.

Your Committee has heard concerns from the Consumer Healthcare Products Association, Personal Care Products Council, American Chemistry Council, and American Academy of Dermatology that a ban on oxybenzone and octinoxate will lead to an increase in human ultraviolet light exposure and skin cancer. Your Committee also finds that alternative forms of sun protection exist, mitigating this harm. However, your Committee also finds that the death rate from melanoma is thirty percent higher in Hawaii than the national average and that effective sun protection can reduce the rate of melanoma and other skin cancers. Your Committee finds that these considerations are valid and wishes to advance this measure for purposes of further discussion.

Your Committee has amended this measure by:

(1) Replacing the phrase "medically licensed prescription" with the phrase "prescription issued by a licensed healthcare provider" and defining the term "prescription" for purposes of this measure;

(2) Inserting an effective date of January 1, 2063, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2571, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2571, S.D. 2.

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

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ROSALYN H. BAKER, Chair