STAND. COM. REP. NO. 102

Honolulu, Hawaii

, 2023

RE: H.B. No. 748

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 748 entitled:

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

begs leave to report as follows:

The purpose of this measure is to, beginning December 31, 2026, prohibit the manufacture, sale, offer for sale, distribution for sale, and distribution for use of any food packaging, food service ware, cosmetic, or personal care product that contains perfluoroalkyl and polyfluoroalkyl substances.

Your Committee received testimony in support of this measure from the Department of Health, Environmental Caucus of the Democratic Party of Hawai‘i, Our Revolution Hawaii, and three individuals. Your Committee received testimony in opposition to this measure from the Chamber of Sustainable Commerce, American Chemistry Council, Retail Merchants of Hawaii, and Consumer Healthcare Products Association. Your Committee received comments on this measure from the Household and Commercial Products Association.

Your Committee finds that perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS, 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 their uses in food packaging and certain personal care products.

Your Committee has amended this measure by:

(1) Exempting certain products from the perfluoroalkyl and polyfluoroalkyl substances ban;

(2) Inserting definitions for "cosmetic", "food packaging", "perfluoroalkyl and polyfluoroalkyl substances", and "personal care product";

(3) Changing the effective date to June 30, 3000, to encourage further discussion; and

(4) 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. 748, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 748, 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