HB85 HD1

SECTION 1. The legislature finds that single-use plastics are goods made from fossil fuel-based petrochemicals that are intended to be disposed of shortly after use. Single-use plastics are an example of a "throwaway culture" that prioritizes convenience over durability and sustainability. Globally, around three hundred million tons of plastic are produced each year, even though less than ten per cent of plastics ever produced have been recycled. Instead, discarded plastics wind up in landfills, incinerators, and the environment, ultimately breaking apart into tiny toxic pieces called microplastics that contaminate our water, food, and even the air. Plastic pollution is a major threat to the ocean, the environment, and human health. Furthermore, according to a 2021 report from Beyond Plastics, the plastic industry is on track to overtake coal as a source of atmospheric greenhouse gas emissions.

The legislature further finds that hotels and other lodging establishments frequently provide complimentary toiletries that are packaged in single-use plastic containers. This is not in alignment with the Hawai‘i tourism authority's strategic plan, which cites the goals of promoting sustainable tourism, preserving natural resources, and advocating for responsible tourism in Hawai‘i that minimizes negative environmental impacts. Some hotels have already transitioned away from single-use plastics and instead provide bulk dispensers for personal-care products, or complimentary toiletries in packaging made of sustainable materials. Therefore, the legislature finds that there is an opportunity to reduce harmful plastic waste in Hawai‘i while making our visitor industry more sustainable at the same time. The legislature also finds that California and New York have both already passed laws to do this.

Accordingly, the purpose of this Act is to prohibit the use of complimentary toiletries packaged in single-use plastic containers in hotels and other lodging establishments in Hawai‘i.

SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§342H- Personal care products; small plastic containers; lodging establishments; prohibited. (a) Beginning on:

(1) January 1, 2025, for lodging establishments with more than fifty sleeping room accommodations; and

(2) January 1, 2027, for lodging establishments with fifty or fewer sleeping room accommodations,

no lodging establishment shall provide a small plastic container containing a personal care product to any person staying in a sleeping room accommodation, in any space within the sleeping room accommodation, or in any bathroom used by the public or guests.

(b) A lodging establishment may:

(1) Use bulk dispensers of personal care products; and

(2) Provide personal care products packaged in a container made from non-plastic materials to a person, upon request, at a place other than:

(A) A sleeping room accommodation;

(B) A space within the sleeping room accommodation; or

(c) The department may inspect the sleeping accommodations and any bathroom used by the public or guests in each lodging establishment and shall issue a citation for any violation of subsection (a). Any lodging establishment that violates subsection (a) shall be subject to a civil penalty of $500 for the first violation and $2,000 for a second or subsequent violation. The attorney general may bring an action to impose a civil penalty pursuant to this subsection. Each day of continued violation under this section shall constitute a separate and distinct offense for which the lodging establishment may be penalized.

(d) Nothing in this section shall prohibit the enactment or implementation of any county ordinance that is at least as stringent as this section.

(e) The department may adopt rules pursuant to chapter 91 to implement this section.

(f) As used in this section:

"Lodging establishment" means an establishment that contains one or more sleeping room accommodations that are rented or otherwise provided to the public, including a hotel, condominium hotel, motel, resort, bed and breakfast home, transient vacation rental, transient accommodation, or hosted rental. "Lodging establishment" does not include a hospital, nursing home, residential retirement community, prison, jail, correctional facility, homeless shelter, boarding school, worker housing, or long-term rental home.

"Personal care product" means shampoo, hair conditioner, or bath soap.

"Plastic" means any synthetic material made from organic polymers, such as polyethylene, polyvinyl chloride, or nylon, that can be molded into shape while soft and then set into a rigid or slightly elastic form. "Plastic" includes all materials identified with resin codes one to seven, as provided in section 342H-42.

"Small plastic container" means a plastic bottle or container that has a capacity of six ounces or less and is not intended to be reused by the end user.

"Transient accommodation" has the same meaning as in section 237D-1."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on June 30, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	85
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII