STAND. COM. REP. NO. 92

Honolulu, Hawaii

, 2025

RE: H.B. No. 750

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 750 entitled:

"A BILL FOR AN ACT RELATING TO THE ENVIRONMENT,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require the Department of Health to conduct a statewide needs assessment to determine what will be needed to reduce waste generation, increase reuse, improve recycling collection services, and expand local processing of materials through an extended producer responsibility program for packaging materials and paper products;

(2) Establish an advisory council to review the draft needs assessment and propose recommendations;

(3) Require the Department of Health to hold a public hearing on the draft needs assessment and submit the needs assessment to the Legislature by December 31, 2028; and

(4) Appropriate funds.

Your Committee received testimony in support of this measure from the Department of Health; Hawaiʻi Climate Change Mitigation and Adaptation Commission; Hawaiʻi Reef and Ocean Coalition; Climate Protectors Hawaiʻi; AMERIPEN; Democratic Party of Hawaiʻi; American Cleaning Institute; Hawaiʻi Farmers Union United; Environmental Caucus of the Democratic Party of Hawaiʻi; and three individuals. Your Committee received comments on this measure from the Hawaii Food Industry Association and Flexible Packaging Association.

Your Committee finds that extended producer responsibility programs shift responsibility for a product's lifecycle, including end-of-life management, from consumers and governments to the producers of the product. Your Committee further finds that these kinds of programs encourage sustainable product designs that lead to less waste and more fully recyclable and reusable products and packaging. This measure will help determine the viability of such a program by requiring the Department of Health to conduct a needs assessment to determine what will be needed to reduce waste generation, increase reuse, improve recycling collection services, and expand local processing of materials through an extended producer responsibility program for packaging materials and paper products.

Your Committee has amended this measure by:

(1) Adding representatives from a business that manufactures consumer packaged goods for sale in Hawaii and the composting industry to the advisory council;

(2) Changing the effective date to July 1, 3000, to encourage further discussion; and

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

Your Committee notes the testimony from the Hawaii Food Industry Association regarding exemptions for prescription medications, medical devices, and supplements but finds that since this measure only creates a needs assessment, these exemptions may be premature and instead should be considered in future legislation creating an extended producer responsibility program.

Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider appropriating funds for this measure out of the Deposit Beverage Container Deposit Special Fund instead of general revenues.

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 H.B. No. 750, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 750, 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