HOUSE OF REPRESENTATIVES

H.B. NO.

2121

THIRTY-THIRD LEGISLATURE, 2026

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO WASTE MANAGEMENT.

 

 

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

 

     SECTION 1.  The legislature finds that waste from the use of disposable electronic cigarettes poses significant environmental problems.  Disposable electronic cigarettes are not recyclable, contain hazardous components like lithium batteries and liquid nicotine, and contribute to plastic pollution, landfill fires, and toxic chemical leaching into waterways.  According to a study conducted by Truth Initiative, the nation's largest nonprofit public health organization dedicated to preventing youth nicotine addiction, over half of young people surveyed discarded their disposable electronic smoking devices in the trash, with less than a quarter reporting that they recycled their devices.

     The legislature further finds that the local and global impact of the world's increasing waste stream is unsustainable and detrimental to the environmental integrity of the State.  The exponential rise in single-use plastics and bioplastics has worsened problems related to street and beach litter, ocean pollution, and marine and other wildlife harm.  An estimated eighty per cent of marine debris originate on land, primarily as escaped refuse and litter, much of it plastic, via urban runoff.  It is now estimated that 8,750,000 metric tons of plastic enter the ocean each year from land-based sources.

     The legislature also finds that lithium-ion batteries used in disposable electronic smoking devices pose significant fire risks.  Despite laws regulating the disposal of lithium-ion batteries, many are improperly discarded and end up in landfills or other inappropriate parts of the solid waste system.  The improper disposal of rechargeable lithium-ion batteries creates unnecessary safety hazards for workers and surrounding residents, while also posing environmental threats to the State's land and water resources, including the aquifer.

     According to the Bureau of Investigative Journalism, at least five disposable electronic smoking devices are being thrown away every second in the United States, amounting to one hundred fifty million devices per year.  Yet, clear disposal guidance from federal regulatory agencies and electronic cigarette manufacturers is lacking, leaving state and local governments responsible for establishing standards to manage the environmental risks associated with electronic smoking devices.

     Accordingly, the purpose of this Act is to protect the environment from hazardous waste associated with disposable electronic smoking devices by banning the sale of these devices throughout the State.

     SECTION 2.  Chapter 328J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§328J-     Disposable electronic smoking devices; prohibited.  (a)  Beginning on January 1, 2027, it shall be unlawful for any person or entity to sell, offer for sale, or distribute for sale any disposable electronic smoking device in the State.

     (b)  The sale, offer for sale, or distribution for sale of between one to twenty disposable electronic smoking devices shall constitute a single violation of this section.

     (c)  Violations of subsection (a) shall be subject to a fine of $           per day for each violation.

     (d)  As used in this section, "disposable electronic smoking device" means an electronic smoking device that is non-refillable, has a non-rechargeable battery, or is intended to be disposed of after the contents inside the device have been used."

     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 July 1, 3000.

 


 

Report Title:

Waste Management; Disposable Electronic Smoking Devices; Sale, Offer for Sale, Distribution; Prohibition; Penalties

 

Description:

Beginning 1/1/2027, prohibits the sale, offer for sale, or distribution for sale of any disposable electronic smoking devices in the State.  Establishes penalties.  Effective 7/1/3000.  (HD2)

 

 

 

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