HB2536

SECTION 1. The legislature finds that the local and global impact of the world's increasing waste stream is unsustainable and detrimental to the future of Hawaii's economy, the environmental integrity of our islands, and the health of the people. There has been an exponential rise in single-use food ware items over the past few decades globally, with particularly high increases in plastics and bioplastics. Single-use disposable food ware items, including cups, lids, and single-use food containers, are major contributors to street and beach litter, ocean pollution, and marine and other wildlife harm.

A significant portion of marine debris, estimated to be eighty per cent, originates on land, primarily as escaped refuse and litter, much of it plastic, via urban runoff. It is now estimated that 8.75 million metric tons of plastic enter our ocean each year from land-based sources.

These land-based plastics degrade into pieces and particles of all sizes, including microplastics, and are present in the world's oceans at all trophic levels. Among other hazards, plastic debris attract and concentrate ambient pollutants like heavy metals and persistent organic pollutants in seawater and freshwater, which can transfer to fish and other seafood that are eventually caught and sold for human consumption.

The need for significant change in Hawaii was underscored in 2020, when the United States Environmental Protection Agency found that several of the State's beaches are impaired by trash, with the majority of the pollutants composed of single-use plastics. Although countries, states, and cities around the world have banned some single-use plastics, the plastic pollution problem persists with the rise of certain bioplastics.

Not all bioplastics are designed to degrade completely or quickly in the natural environment. While bio-based plastics like polylactic acid and conventional plastics with enhanced degradation are commonly touted as sustainable alternatives to conventional plastics, these products will often only break down and meet compostable requirements when sent to an industrial composting facility.

Like conventional plastics, bioplastics are produced in facilities that drive pollution and are likely to end up in landfills and incinerators. Industrial facilities, including those producing bioplastics, are likely to be developed in underserved communities, as are most forms of waste infrastructure. These sites emit dangerous pollutants, reduce overall quality of life, and pose a heightened risk of industrial accidents like fires and explosions.

The legislature also finds that cleaning up plastic presents a significant cost to Hawaii taxpayers. The cost of increasing cleanups by government agencies, businesses, and the general public is rising to account for expensive management and mitigation practices. A study of over ninety counties in California concluded that taxpayers are paying $428,000,000 per year to clean up plastic through storm drain management, street sweeping, and marine cleanups. San Diego county, which has an equivalent population to Hawaii at 1,300,000 people, spends $14,000,000 annually cleaning up plastic.

Alternatives to bioplastics already exist for many take-out items. Zero waste plastic reduction plans are moving forward all over the world, including within the European Union, Ethiopia, Costa Rica, and municipalities across the United States. The legislature finds that given the current trend, Hawaii businesses can be heavily involved in determining the implementation of this change if they are at the forefront of this movement.

The purpose of this Act is to phase in a prohibition on the purchase, use, sale, and distribution of plastic and non-biodegradable bioplastic food ware and beverage containers by various entities.

SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342H- Single-use plastic food ware and beverage service items; prohibited. (a) No state or county agency shall purchase, use, sell, or distribute disposable or single-use plastic food ware, beverage cups, cup lids, or other food containers after January 1, 2025.

(b) No restaurant, hotel, standard bar, venue, food vendor, cafeteria or any other business where food or beverages are sold shall use, sell, or distribute disposable or single-use plastic food ware, beverage cups, lids, or other food containers, after January 1, 2025.

(c) No individual or business shall distribute, sell, or otherwise provide any form of disposable or single-use plastic food ware, beverage cups, or lids after July 1, 2026.

(d) The prohibited material does not apply to the following:

(1) Reusable, refillable containers;

(2) One hundred per cent plant-based nature biodegradable plastics that break down in the natural environment into harmless products;

(3) One hundred per cent plant-based plastics that can be composted at an industrial composting facility; provided that:

(A) There is regional access to such a facility;

(B) The plastic meets specified ASTM International standards; and

(4) Packaging used for any of the following products:

(A) Medical products and products defined as devices or drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §321(g), 321(h), and 353(b)(1));

(B) Drugs that are used for animal medicines, including but not limited to parasiticide products for animals;

(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §301 et seq.), federal Virus-Serum-Toxin Act (21 U.S.C. §151 et seq.), or Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §136 et seq.);

(D) Infant formula, as defined in title 21 United States Code section 321(z);

(E) Medical food, as defined in title 21 United States Code section 360ee(b)(3);

(F) Fortified oral nutritional supplements used for persons who require supplemental or sole source nutrition to meet nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive, as defined as by the International Classification of Diseases, Tenth Revision, or other medical conditions as determined by the department;

(G) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §136 et seq.);

(H) Plastic packaging containers that are used to contain and ship products that are classified for transportation as dangerous goods or hazardous materials under title 49 Code of Federal Regulations subtitle B, chapter I, subchapter C, part 178;

(I) Packaging used to contain hazardous or flammable products classified by the 2012 federal Occupational Safety and Health Administration Hazard Communication Standard (29 C.F.R. 1910.1200);

(J) Packaging used for the long-term protection or storage of a product that has a lifespan of no less than five years;

(K) Disposable plastic condiment packets; food-related bags or wrappers, including but not limited to musubi wraps, plastic film, poi bags, chip bags, cracker and cookie wrappers, bread bags, meal kits, or ice bags; and packaging for wholesale distribution of prepared food;

(L) Packaging for prepackaged food, shelf stable food, sealed pre-filled beverage bottles and containers, and catered food;

(M) Packaging for raw meat, raw poultry, raw seafood, unprepared produce, and uncooked eggs; or

(N) Packaging in any situation deemed by a county to be an emergency requiring immediate action for the preservation of life, health, property, safety, or essential public services. This exemption shall be in place until the emergency has ceased or the governor has determined that the exemption is no longer applicable to the situation.

(e) For purposes of this section:

"Business" means any commercial enterprise or establishment operating in the State, including an individual proprietorship, joint venture, partnership, corporation, limited liability company, or other legal entity, whether for profit or not for profit, and includes all employees of the business or any independent contractors associated with the business.

"Customer" means any person purchasing food or beverage from a food or beverage vendor.

"Disposable" means designed to be discarded after a single or limited number of uses and not designed or manufactured for long-term reuse.

"Food vendor" means any entity or person selling or providing prepared food for consumption within the State, including any store, shop, sales outlet, pharmacy, restaurant, bar, pub, coffee shop, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, food truck, catering vehicle or cart, event venue, roadside stand, or other establishment that sells or provides prepared food for consumption within the State.

"Nature biodegradable plastics" are bioplastics that can biodegrade into harmless products in reasonable time frames directly in nature, on land, or in water.

"Plastic":

(1) Means a synthetic or semisynthetic material wholly or partially made of petrochemical compounds and additives chemically synthesized by the polymerization of organic substances that can be shaped into various rigid and flexible forms;

(2) Includes, without limitation, polyethylene terephthalate, high density polyethylene, polyvinyl chloride, low density polyethylene, polypropylene, polystyrene, polylactic acid, and aliphatic biopolyesters, such as polyhydroxyalkanoate and polyhydroxybutyrate, including bioplastics that do not break down in the natural environment into harmless products; and

(3) Does not include nature biodegradable plastics, natural rubber, aluminum, glass, paper, bamboo, sugarcane, coconut husk, cassava, naturally occurring polymers such as proteins or starches or other biomass, or reusable containers.

"Plastic food ware" means hot and cold beverage cups, cup lids, plates, bowls, bowl lids, "clamshells", trays, or other hinged or lidded containers that contain plastic.

"Prepared food" means food or beverages that are prepared to be consumed on or off the premises of a restaurant or food establishment.

"Reusable" or "refillable" or "reuse" or "refill", in regard to packaging or food service ware, means:

(1) For packaging or food service ware that is reused or refilled by a producer:

(A) Explicitly designed and marketed to be utilized multiple times for the same product, or for another purposeful packaging use in a supply chain;

(B) Designed for durability to function properly in its original condition for multiple uses;

(C) Supported by adequate infrastructure to ensure the packaging or food service ware can be conveniently and safely reused or refilled for multiple cycles; and

(D) Repeatedly recovered, inspected, and repaired, if necessary, and reissued into the supply chain for reuse or refill for multiple cycles; or

(2) For packaging or food service ware that is reused or refilled by a consumer:

(A) Explicitly designed and marketed to be utilized multiple times for the same product;

(B) Designed for durability to function properly in its original condition for multiple uses; and

(C) Supported by adequate and convenient availability of and retail infrastructure for bulk or large format packaging that may be refilled to ensure the packaging or food service ware can be conveniently and safely reused or refilled by the consumer multiple times.

"Shelf stable food" means prepared food that can be safely stored at room temperature and does not require refrigeration, freezing, or heating for food safety purposes, prior to purchase by a customer.

"Single-use" means conventionally disposed of after a single use or not sufficiently durable or washable to be, or not intended to be, reusable or refillable."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2536
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII