STAND. COM. REP. NO. 81-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1644

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. 1644 entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL PROTECTION,"

begs leave to report as follows:

The purpose of this measure is to, beginning July 1, 2023, ban the manufacture, sale, or distribution for sale or use of wraps and liners, plates, food boats, pizza boxes, and firefighting foams that contain perfluoroalkyl and polyfluoroalkyl substances.

Your Committee received testimony in support of this measure from the Surfrider Foundation, Zero Waste Hawai‘i Island, Hawai‘i Reef and Ocean Coalition, B.E.A.C.H., Hawaii Fire Fighters Association, and four individuals. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Health, Hawai‘i Restaurant Association, and American Chemistry Council.

Your Committee finds that perfluoroalkyl and polyfluoroalkyl substances are chemicals that have been used in many consumer products since the 1940s. These chemicals accumulate in the human body, and exposure can lead to adverse health outcomes in humans. This measure addresses the many environmental, health, and safety concerns related to the use of perfluoroalkyl and polyfluoroalkyl substances by prohibiting the manufacture, sale, and distribution of certain food packaging and firefighting foams that contain these chemicals.

Your Committee has amended this measure by:

(1) Clarifying the purpose statement;

(2) Placing the provisions in chapter 321, Hawaii Revised Statutes, rather than chapter 328, Hawaii Revised Statutes;

(3) Specifying that the ban on the manufacture, sale, or distribution for sale or use of food packaging and Class B firefighting foams that contain perfluoroalkyl and polyfluoroalkyl substances shall commence on December 31, 2024, and July 1, 2024, respectively;

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

(5) 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. 1644, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1644, 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