STAND. COM. REP. NO. 3850

Honolulu, Hawaii

RE: H.B. No. 1644

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Commerce and Consumer Protection and Ways and Means, to which was referred H.B. No. 1644, H.D. 1, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to 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 Committees received testimony in support of this measure from Climate Protectors Hawai‘i and four individuals. Your Committees received testimony in opposition to this measure from Par Hawaii and one individual. Your Committees received comments on this measure from the Department of Health, Hawai‘i Restaurant Association, Island Energy, and American Chemistry Council.

Your Committees find that perfluoroalkyl and polyfluoroalkyl substances, or "PFAS", are "forever chemicals" that persist in the environment and have even been detected in drinking water. PFAS are commonly used in food packaging materials to repel water and grease. When humans ingest foods packaged in materials containing PFAS, PFAS can accumulate in the body, leading to adverse health outcomes. Because other effective and safer options have become affordable, the use of PFAS has become unnecessary. This measure bans PFAS to protect the environment and human health from their detrimental and toxic effects.

Your Committees note the concerns raised in testimony that a complete ban on the use of PFAS would restrict the ability to utilize highly effective firefighting foams containing PFAS in exigent circumstances and may compromise public health and safety in the event certain fires cannot otherwise be extinguished effectively and in a timely manner using other products. Therefore, amendments to this measure are necessary to limit the prohibition on the use of firefighting foams containing PFAS specifically for testing and training purposes to reduce the unnecessary release and exposure to PFAS, but allow for the continued use of these foams in the event they are necessary for the effective suppression of certain fires, such as petroleum fires.

Your Committees have amended this measure by:

(1) Clarifying that, beginning July 1, 2024, it shall be unlawful for any person or state or county department or agency to discharge or otherwise use for training or testing purposes class B firefighting foam that contains intentionally introduced PFAS chemicals;

(2) Clarifying that, beginning July 1, 2024, it shall be unlawful to manufacture, sell, offer for sale, distribute for sale, or distribute for training or testing purposes in the State any class B firefighting foam that contains intentionally introduced PFAS chemicals; and

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

As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1644, H.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1644, H.D. 1, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Commerce and Consumer Protection and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ ROSALYN H. BAKER, Chair