STAND. COM. REP. NO. 1009

Honolulu, Hawaii

, 2021

RE: S.B. No. 132

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Energy & Environmental Protection, to which was referred S.B. No. 132, S.D. 2, entitled:

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

begs leave to report as follows:

The purpose of this measure is to, beginning January 1, 2023, ban the sale, offer for sale, or distribution in the State of any sunscreen that contains avobenzone or octocrylene, without a prescription issued by a licensed healthcare provider.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Kona Coast Waterkeepers, The Kohala Center, For the Fishes, Kahalu‘u Bay Education Center, Hawaii Coral Reef Stakeholders Hui, Haereticus Environmental Laboratory, Chemists Without Borders, Napili Bay and Beach Foundation, Safe Sunscreen Council, Hanauma Bay Snorkel Adventures and Koko Beach Rentals, Mālama Pūpūkea-Waimea, Legacy Reef Foundation, Center for Biological Diversity, Hawaii Reef and Ocean Coalition, Cyanotech Corporation, Safe Sunscreen Coalition, Down to Earth Organic and Natural, Little Hands Hawaii, Pacific Whale Foundation, Lani & Kai, Mama Kuleana Reef Safe Sunscreen Company, Zero Waste O‘ahu, and numerous individuals. Your Committee received testimony in opposition to this measure from the Hawaii Food Industry Association, Hawaii Skin Cancer Coalition, Chamber of Commerce Hawaii, Personal Care Products Council, Public Access to SunScreens, Retail Merchants of Hawaii, and American Chemistry Council. Your Committee received comments on this measure from the Department of Health.

Your Committee finds that despite the ban on the sale and distribution of sunscreen containing oxybenzone and octinoxate in the State beginning in 2021, it has come to light that additional chemicals used in sunscreens may also have harmful impacts on Hawaii's marine environment. This measure ensures that additional harmful chemicals are included in the sunscreen ban to preserve the State's marine ecosystems, including coral reefs that protect Hawaii's shoreline.

Your Committee has amended this measure by:

(1) Changing the effective date to July 1, 2050, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 132, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 132, S.D. 2, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

____________________________

NICOLE E. LOWEN, Chair