Bill Text: HI SB659 | 2023 | Regular Session | Introduced
Bill Title: Relating To Single-use Plastics.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-01 - Re-Referred to EET, CPN/JDC. [SB659 Detail]
Download: Hawaii-2023-SB659-Introduced.html
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THE SENATE |
S.B. NO. |
659 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SINGLE-USE PLASTICS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that single-use plastics are goods made from fossil fuel-based petrochemicals that are intended to be disposed of shortly after use. Single-use plastics are an example of a "throwaway culture" that prioritizes convenience over durability and sustainability. Globally, around three hundred million tons of plastic are produced each year, even though less than ten percent of plastics ever produced have been recycled. Instead, discarded plastics wind up in landfills, incinerators, and the environment, ultimately breaking apart into tiny toxic pieces called microplastics that contaminate our water, food, and even the air. Plastic pollution is a major threat to the ocean, the environment, and human health. Furthermore, according to a 2021 report from Beyond Plastics, the plastic industry is on track to overtake coal as a source of atmospheric greenhouse gas emissions.
The legislature further finds that hotels and other lodging establishments frequently provide complimentary toiletries that are packaged in single-use plastic containers. This is not in alignment with the Hawai‘i tourism authority's strategic plan, which cites the goals of promoting sustainable tourism, preserving natural resources, and advocating for responsible tourism in Hawai‘i that minimizes negative environmental impacts. Some hotels have already transitioned away from single-use plastics and instead provide bulk dispensers for personal-care products, or complimentary toiletries in packaging made of sustainable materials. Therefore, the legislature finds that there is an opportunity to reduce harmful plastic waste in Hawai‘i while making our visitor industry more sustainable at the same time. The legislature also finds that California and New York have both already passed laws to do this.
Accordingly, the purpose of this Act is to prohibit the use of complimentary toiletries packaged in single-use plastic containers in hotels and other lodging establishments in Hawai‘i.
SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§342H- Personal
care products; small plastic containers; lodging establishments; prohibited. (a) Beginning on:
(1) January 1,
2025, for lodging establishments with more than fifty sleeping room
accommodations; and
(2) January 1,
2027, for lodging establishments with fifty or fewer sleeping room
accommodations,
no
lodging establishment shall provide a small plastic container containing a personal
care product to any person staying in a sleeping room accommodation, in any
space within the sleeping room accommodation, or in any bathroom 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 packaged in a container made from non-plastic materials
to a person, upon request, at a place other than:
(A) A
sleeping room accommodation;
(B) A
space within the sleeping room accommodation; or
(C) Within
any bathroom used by the public or guests.
(c)
The department may inspect the sleeping accommodations and any bathroom
used by the public or guests in each lodging establishment and shall issue a
citation for any violation of subsection (a).
Any 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 separate and distinct offense
for which the lodging establishment may be penalized.
(d)
Nothing in this section shall prohibit the enactment or implementation
of any county ordinance that is at least as stringent as this section.
(e)
The department may adopt rules pursuant to chapter 91 to implement this
section.
(f) As
used in this section:
"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, transient
accommodation, or hosted rental.
"Lodging establishment" does not include a hospital, nursing
home, residential retirement community, prison, jail, correctional facility,
homeless shelter, boarding school, worker housing, or long-term rental home.
"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 container" means a
plastic bottle or container that has a capacity of six ounces or less and is not
intended to be reused 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.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Personal Care Products; Small Plastic Containers; Lodging Establishments; Prohibition
Description:
Prohibits lodging establishments from providing personal care products in small plastic containers within sleeping room accommodations, any space within sleeping room accommodations, or bathrooms used by the public or guests. Establishes civil penalties.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
