Bill Text: HI HB1645 | 2022 | Regular Session | Amended
Bill Title: Relating To The Environment.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Engrossed - Dead) 2022-03-11 - Referred to AEN/EET/CPN, JDC/WAM. [HB1645 Detail]
Download: Hawaii-2022-HB1645-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1645 |
THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE ENVIRONMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that tourism is Hawaii's
main economic driver. The use of single-use
toiletries in hotels and other lodging establishments contributes to plastic waste
locally and globally. California and New
York have recently passed laws that prohibit hotels, bed and breakfast homes, and
short-term vacation rentals from providing single-use personal care products and
instead encourage these establishments to incorporate bulk personal care products
as an alternative.
Therefore, the purpose of this Act is to prohibit
the use of complimentary single-use toiletries in hotels and other lodging establishments
in Hawaii.
SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342H- Personal
care products; small plastic bottles; lodging establishments; prohibition. (a)
Beginning:
(1) On January 1,
2025, for lodging establishments with more than fifty sleeping room accommodations; and
(2) On January 1,
2027, for lodging establishments with fifty or fewer sleeping room accommodations,
no
lodging establishment shall provide a small plastic bottle containing a
personal care product to a person staying in a sleeping room accommodation, in
any space within the sleeping room accommodation, or within any bathrooms 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 in small plastic bottles to a person at no cost, upon
request, at a place other than:
(A) A
sleeping room accommodation;
(B) A
space within the sleeping room accommodation; or
(C) Within
any bathrooms used by the public or guests.
(c) The department may inspect sleeping
accommodations in a lodging establishment and may issue a citation for a violation
of subsection (a). Upon a first
violation, the department shall issue a written warning. Upon a second or subsequent violation, the department
may impose a fine of $500 for each day that the lodging establishment violates subsection
(a); provided that the fine shall not exceed $2,000 annually.
(d) A 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 distinct and separate offense for
which the lodging establishment may be penalized.
(e) Nothing in this section shall prohibit the enactment
or implementation of any county ordinance that is at least as stringent as this
section.
(f) The department may adopt rules pursuant to chapter
91 to implement this section.
(g) As used in this section:
"Bed and breakfast home"
means a single-family dwelling in which overnight accommodations are provided
to guests for compensation, for periods of less than thirty days, in the same dwelling
as that occupied by an owner, lessee, operator, or proprietor of the dwelling.
"Hosted rental" means a
house, apartment, or other livable space where the person providing sleeping
accommodations is a permanent resident who lives on the premises.
"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, or transient accommodation. "Lodging
establishment" does not include a hospital, nursing home, residential
retirement community, prison, jail, correctional facility, homeless shelter,
boarding school, worker housing, long-term rental home, or hosted rental.
"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 bottle" means a plastic bottle or container with less than a six-ounce capacity that is intended to be nonreusable by the end user.
"Transient accommodation" shall have 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 upon its approval.
Report Title:
Personal Care Products; Small Plastic Bottles; Lodging Establishments; Prohibition
Description:
Prohibits lodging establishments from providing personal care products in small plastic bottles within sleeping room accommodations, any space within sleeping room accommodations, or bathrooms used by the public or guests. Establishes fines and civil penalties. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.