STAND. COM. REP. NO. 15-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 644

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 644 entitled:

"A BILL FOR AN ACT RELATING TO SINGLE-USE PLASTICS,"

begs leave to report as follows:

The purpose of this measure is to prohibit businesses where food or beverages are packaged and sold on the business' premises for individual consumption from using, selling, or distributing disposable or single-use plastic food ware, including items containing perfluoroalkyl and polyfluoroalkyl substances (PFAS).

Your Committee received testimony in support of this measure from the Solid Waste Reduction Task Force; Hawaiʻi Reef and Ocean Coalition; Climate Protectors Hawaiʻi; Sierra Club National Marine Team; Upstream; Fair Wind Cruises; Kona Sunrise Charters; Cares; and six individuals. Your Committee received testimony in opposition to this measure from the American Chemistry Council and Biodegradable Products Institute. Your Committee received comments on this measure from the Department of Land and Natural Resources; Department of Health; Chamber of Commerce Hawaii; Hawaiʻi Restaurant Association; and Hawaii Food Industry Association.

Your Committee finds that single-use food ware items significantly contribute to street and beach litter, ocean pollution, and marine and wildlife harm. Your Committee further finds that PFAS are highly toxic chemicals that have been linked to serious health conditions. Despite this, PFAS are used in food packaging to make these items waterproof or greaseproof. This measure seeks to decrease plastic pollution and PFAS contamination by prohibiting businesses from using, selling, or distributing single-use plastic food ware and beverage service items, including food ware items containing PFAS.

Your Committee has amended this measure by:

(1) Changing the start date for the prohibition to January 1, 2028;

(2) Removing the exemption for compostable plastics;

(3) Authorizing the State, in addition to the counties, to deem a situation an emergency necessitating an exemption to the prohibitions and to deem adherence to the prohibitions a hindrance to response or relief efforts;

(4) Expanding the prohibition to include reusable and refillable food ware items that contain PFAS;

(5) Clarifying that the prohibition does not supersede or prohibit more stringent county ordinances;

(6) Amending the types of items included in the definition of "food ware";

(7) Changing the effective date to July 1, 3000, to encourage further discussion; and

(8) 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. 644, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 644, 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