STAND. COM. REP. NO. 1296

Honolulu, Hawaii

RE: H.B. No. 762

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committees on Agriculture and Environment and Commerce, Consumer Protection, and Health, to which was referred H.B. No. 762, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO SINGLE-USE PLASTIC STRAWS,"

beg leave to report as follows:

The purpose and intent of this measure is to prohibit a full-service restaurant from providing a single-use plastic straw to a consumer unless requested by the consumer.

Your Committees received testimony in support of this measure from one member of the Hawai‘i County Council; Animal Rights Hawai‘i; Hawaii Food Industry Association; Retail Merchants of Hawaii; Hawaii Restaurant Association; ABC Stores; KYD, Inc. dba: K. Yamada Distributors; Dolphin Quest; 350Hawaii.org; Surfrider Foundation; Sierra Club of Hawai‘i; and thirty-nine individuals. Your Committees received testimony in opposition to this measure from eight individuals. Your Committees received comments on this measure from the Department of Health and Office of Hawaiian Affairs.

Your Committees find that single-use plastics, such as plastic straws, have a well-established impact on native species of cultural significance, including endangered and subsistence resource species. In Hawaiian waters, the ingestion of discarded plastic debris by native seabirds and endangered honu is a well-documented phenomenon that may have highly injurious or even fatal consequences. Your Committees further find that this measure would reduce the use of single-use plastic straws in full-service restaurants, and thereby reduce the amount of plastic waste generated by restaurants and help protect Hawaiian waters.

Your Committees have amended this measure by:

(1) Stating that any action taken to impose or collect fines pursuant to this measure is an administrative action pursuant to the Hawaii Administrative Procedure Act, rather than a civil action, to clarify that the fines procedure does not involve the judicial courts system; and

(2) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Commerce, Consumer Protection, and Health that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 762, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 762, H.D. 2, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Commerce, Consumer Protection, and Health,

________________________________ ROSALYN H. BAKER, Chair

________________________________ MIKE GABBARD, Chair