THE SENATE

S.B. NO.

2053

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to environmental protection.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the use of chemical-based sunscreen is detrimental to the health of Hawai‘i's coral reef ecosystems.  The National Ocean Service finds that the chemicals in both lotion and aerosol sunscreens can impair the growth of plants, stunt and deform animals, and contribute to the bleaching of coral.  In 2018, the legislature passed Senate Bill No. 2571, S.D. 2, H.D. 2, C.D. 1, signed into law as Act 104, that bans the sale, offer for sale, or distribution of any sunscreen in the State that contains oxybenzone or octinoxate, or both, without a medically-licensed prescription.  Recently, there have been additional efforts to expand the ban to include more chemicals, such as avobenzone and octocrylene, that negatively impact Hawai‘i's fragile coral reefs.  However, opponents have expressed concerns with limited stock of approved sunscreens available on island for consumers, which has halted efforts to further protect Hawai‘i's coral reefs.

     The legislature further finds that an alternative mineral-based sunscreen exists that protects consumers from skin cancer and does not harm the reef ecosystems.  The first dispenser of this sunscreen in a Hawai‘i state park was established in November 2021 at the Waialae section of Hāpuna state recreation area on the west coast of Hawai‘i island.  The legislature also finds that the deployment of sunscreen dispensers at state beaches will ease the burden of securing reef-safe sunscreens for use by residents and visitors alike, as well as further protect Hawai‘i's coral reef ecosystems.

     The purpose of this Act is to:

     (1)  Expand the use of the mineral-based sunscreen dispensers to all state beaches to decrease the amount of chemicals impacting Hawai‘i's reef ecosystems; and

     (2)  Authorize the department of land and natural resources to contract or form a partnership with private parties, such as hotels, community organizations, and nonprofit organizations with an environmental protection mission, to assist in the maintenance and management of installed mineral‑based sunscreen dispensers at state beaches.

     SECTION 2.  The department of land and natural resources may contract or form a partnership with private parties, including hotels, community organizations, and nonprofit organizations with an environmental protection mission, to assist in the maintenance, management, and operation of installed mineral-based sunscreen dispensers at all state beaches.

     SECTION 3.  In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $           or       per cent.  This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only.  The reasons for exceeding the general fund expenditure ceiling are that:

     (1)  The appropriation made in this Act is necessary to serve the public interest; and

     (2)  The appropriation made in this Act meets the needs addressed by this Act.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2024-2025 for the department of land and natural resources to install, maintain, manage, and operate mineral-based sunscreen dispensers at all state beaches.

     The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 5.  This Act shall take effect on July 1, 2024.

 

INTRODUCED BY:

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Report Title:

DLNR; Non-Chemical Sunscreen Dispensers; State Beaches; Expenditure Ceiling; Appropriation

 

Description:

Appropriates funds for the construction and operation of non-chemical sunscreen dispensers on all state beaches.  Allows the Department of Land and Natural Resources to contract or form a partnership with private parties to assist with the maintenance and management of sunscreen dispensers at all state beaches.  Declares that the general fund expenditure ceiling is exceeded.  Makes an appropriation.

 

 

 

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