CONFERENCE COMMITTEE REP. NO. 92-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2175

S.D. 2

H.D. 2

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir and Madam:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2175, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO DISPOSABLE ELECTRONIC SMOKING DEVICES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to, beginning January 1, 2027, prohibit the sale, offer for sale, or distribution for sale of any disposable electronic smoking devices in the State.

Your Committee on Conference finds that disposable electronic smoking devices (ESDs) are especially popular among adolescents and young adults because they are convenient, flavored, inexpensive, and socially appealing. Your Committee on Conference further finds that between 2017 and 2022, ESDs tripled in nicotine strength, quintupled in e-liquid capacity, and dropped nearly seventy percent in price. Additionally, between February 2020 and September 2025, the proportion of total ESD unit sales attributable to disposable ESDs increased from twenty-six percent to 56.5 percent. By prohibiting the sale and distribution of disposable electronic smoking devices, this measure protects public health, reduces youth access to nicotine products, and mitigates associated environmental impacts.

Your Committee on Conference has amended this measure by:

(1) Clarifying that the sale, offer for sale, or distribution for sale of between one to twenty disposable electronic smoking devices shall constitute a violation of the prohibition of disposable electronic smoking devices;

(2) Specifying that violations of the prohibition of disposable electronic smoking devices shall be subject to a fine of up to $100 per day for each violation;

(3) Amending the definition of "disposable electronic smoking device" to mean an electronic smoking device, as defined in section 245-1, Hawaii Revised Statutes, that is non-refillable, has a non rechargeable battery, and is intended to be disposed of after the contents inside the electronic smoking device have been used, and does not include a device authorized for sale by a marketing granted order issued by the United States Food and Drug Administration pursuant to title 21 United States Code section 387j;

(4) Inserting an effective date of July 1, 2026; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2175, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2175, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ GREGG TAKAYAMA Co-Chair	____________________________ JOY A. SAN BUENAVENTURA Chair
____________________________ SCOT Z. MATAYOSHI Co-Chair	____________________________ JARRETT KEOHOKALOLE Co-Chair
	____________________________ KARL RHOADS Co-Chair