STAND. COM. REP. NO. 183-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1519

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 1519 entitled:

"A BILL FOR AN ACT RELATING TO SUNSCREEN,"

begs leave to report as follows:

The purpose of this measure is to, beginning January 1, 2023, prohibit the sale, offer for sale, or distribution in the State of any sunscreen that contains active ingredients that are not generally recognized as safe and effective by the Food and Drug Administration, under certain conditions.

Your Committee received testimony in support of this measure from one member of the Maui County Council, the Americans for Democratic Action Hawai‘i, The Kohala Center, Mālama Pūpūkea-Waimea, Hawai‘i Reef and Ocean Coalition, Friends of Hanauma Bay, Environmental Caucus of the Democratic Party of Hawai‘i, Surfrider Foundation, Climate Protectors Hawai‘i, and seven individuals. Your Committee received testimony in opposition to this measure from the Hawaii Skin Cancer Coalition, Hawaii Dermatological Society, American Academy of Dermatology Association, Hawaii Food Industry Association, Consumer Healthcare Products Association, Retail Merchants of Hawaii, Public Access to SunScreens Coalition, and three individuals. Your Committee received comments on this measure from the Department of Health, Department of Land and Natural Resources, and one individual.

Your Committee finds that despite the ban on the sale and distribution of sunscreen containing oxybenzone and octinoxate in the State beginning in 2021, many visitors to Hawaii may still be unaware of the harmful impacts of other chemicals that have significant harmful impacts on Hawaii's marine environment. This measure ensures that other 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) Restoring language that prohibits the sale and distribution of any sunscreen containing oxybenzone or octinoxate, or both, without a prescription issued by a licensed health care provider;

(2) Changing the effective date to July 1, 2100, to encourage further discussion; and

(3) 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 H.B. No. 1519, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1519, 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