STAND. COM. REP. NO. 2720

Honolulu, Hawaii

RE: S.B. No. 2621

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Commerce, Consumer Protection, and Health and Agriculture and Environment, to which was referred S.B. No. 2621 entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Prohibit the sale and distribution of sunscreen containing homosalate, octocrylene, and octisalate within the State; and

(2) Allow the Department of Health to adopt rules to add additional harmful chemicals to the sale and distribution ban.

Your Committees received testimony in support of this measure from one member of the Hawai‘i County Council, Friends of Hanauma Bay, Ocean Tourism Coalition, Hawai‘i Reef and Ocean Coalition, Activities and Attractions Association of Hawaii, Surfrider Oahu, Surfrider Foundation Kona Kai Ea, Wastewater Alternatives and Innovations, Sea Paradise Sailing and Snorkeling Tours, and nine individuals. Your Committees received testimony in opposition to this measure from the Hawaii Food Industry Association and Personal Care Products Council. Your Committees received comments on this measure from the Department of Health and Hawaii Skin Cancer Coalition.

Your Committees find that Act 104, Session Laws of Hawaii 2018, prevents the sale and distribution of sunscreen containing oxybenzone and octinoxate in the State beginning in 2021 to preserve the State's marine ecosystems, including coral reefs that protect Hawaii's shoreline. Many visitors to Hawaii may be unaware of the harmful impacts of other chemicals that have significant harmful impacts on Hawaii's marine environment, such as homosalate, octocrylene, and octisalate. This measure ensures that other harmful chemicals are included in the sunscreen ban, as well as provides the Department of Health the flexibility to add additional harmful chemicals to the sale and distribution ban in the future.

Your Committees have amended this measure by:

(1) Inserting language that requires the University of Hawaii to conduct a study to examine the concurrent effects of certain sunscreen products on the decline of the State's coral reefs and report its findings to the Legislature prior to the Regular Session of 2021;

(2) Inserting language that appropriates an unspecified amount to conduct such studies;

(3) Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

Your Committees note that although the appropriation is blank, the Hawaii Skin Cancer Coalition's testimony estimated that an appropriation of $165,000 would be necessary to conduct a study to prevent the decline in the State's coral reefs due to certain chemicals in sunscreens.

As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection, and Health and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2621, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2621, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________ MIKE GABBARD, Chair

________________________________ ROSALYN H. BAKER, Chair