STAND. COM. REP. NO. 290

Honolulu, Hawaii

RE: S.B. No. 367

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 S.B. No. 367 entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL PROTECTION,"

beg leave to report as follows:

The purpose and intent of this measure is to prohibit food service businesses and stores from the sale, use, or distribution of polystyrene foam containers, expanded polystyrene food service products, plastic straws, and plastic bags.

Your Committees received testimony in support of this measure from the Department of Education, Office of Hawaiian Affairs, one member of the Hawai‘i County Council, County of Maui Department of Environmental Management, Ocean Tourism Coalition, Beach Environmental Awareness Campaign Hawai‘i, Dolphin Quest, Surfrider Foundation O‘ahu, Animal Rights Hawai‘i, Hawai‘i Reef and Ocean Coalition, Keiko Conservation, League of Women Voters of Hawaii, Sierra Club of Hawai‘i, Americans for Democratic Action, Zero Waste O‘ahu, Kokua Hawaii Foundation, O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, Kaiser High School Wipeout Crew, Delphi Cinema, Sustainable Coastlines Hawaii, and over seventy individuals. Your Committees received testimony in opposition to this measure from Papa's Cafe; Wiki Wiki Drive Inn; Loco Moco Drive Inn; Plastics Industry Association; Hibachi Kailua; Hawai‘i Restaurant Association; Hawaii Food Industry Association; Queen Street Cafe & Grill; Jets Fast Food; Shiro's Saimin Haven; HNA Food Services LLC dba Tsukenjo's; Nabeya Maida; Chamber of Commerce Hawaii; Retail Merchants of Hawaii; KYD, Inc. dba K. Yamada Distributors; and two individuals. Your Committees received comments on this measure from the Department of Health and Department of Environmental Services of the City and County of Honolulu.

Your Committees find that plastic straws, polystyrene foam, and plastic bags are seemingly everywhere, often ending up as marine trash, littering beaches, or unknowingly consumed by sea life. Other jurisdictions have taken steps to prohibit the sale and distribution of such products. Hawaii, as a leader in advancing protections of marine life and the marine environment, should ban these unnecessary, single-use objects that are contributing to the world's plastic problem.

Your Committees have amended this measure by:

(1) Removing language that would have provided an undue hardship exemption for stores and food service businesses;

(2) Delaying its effective date to July 1, 2021; and

(3) Making technical, nonsubstantive amendments 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 S.B. No. 367, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 367, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

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