HOUSE OF REPRESENTATIVES

H.B. NO.

1545

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to environmental protection.

 

 

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

 


     SECTION 1.  The legislature finds that polystyrene foam represents one of the most common forms of litter pollution in Hawaii.  The consumption of polystyrene foam containers in Hawaii, none of which is recycled, is the highest per capita in the United States.  Polystyrene foam is ultra-light, which allows it to easily escape collection systems and accumulate on land and in waterways where it quickly aggregates and fragments to form a highly visible and toxic litter stream.  Polystyrene foam fragments leach styrene, a known carcinogen, and other toxins that then poison the local food chain.  This poisonous food chain impacts all species including birds, whales, turtles, seals, and the fish that form the foundation of the local fishing industry.  Polystyrene foam pollution also defaces Hawaii's iconic landscapes, which serve as the basis for the tourism industry.

     The legislature further finds that the cost to the State and counties to clean polystyrene foam and other plastics from storm drains, waterways, marine ecosystems, and other aggregation points is well documented and increasingly burdensome.  A study by the Natural Resources Defense Council showed that California taxpayers are shouldering $428,000,000 per year to prevent litter, including plastics like polystyrene foam, from becoming harmful pollution.  For a city in California with a population size comparable to that of Hawaii's, such as San Diego, the cost is over $14,000,000 per year in taxpayer money.  In 2016, following the continued flooding due to litter in Hawaii's storm drains, the department of transportation released a trash plan indicating that a prohibition on the sale of polystyrene foam service ware and packaging would result in a ten per cent reduction of the total cleanup costs of litter in the State under the department of transportation's highway division alone.  This translates into millions of dollars in savings to the Hawaii taxpayer.  Given the unacceptable environmental and economic impacts of polystyrene foam pollution, the legislature believes that the use of polystyrene foam containers by all establishments operating in Hawaii should be prohibited, beginning with state agencies and departments operating in state buildings or facilities.

     The purpose of this Act is to prohibit the use of polystyrene food containers by state agencies and departments operating in state-owned and state-run buildings and facilities and require that food and beverages be served in compostable containers.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

FOOD SERVICE CONTAINERS

     §   -1  Definitions.  As used in this chapter:

     "Compostable" means materials that are able to undergo biological decomposition or become part of a usable compost in a safe and timely manner, either in an appropriate composting program or facility or in a home compost pile or device.  To qualify as compostable, the materials must meet ASTM Standard D6400 for compostable plastics, as amended.

     "Department" means the department of health.

     "Disposable food service container" means a disposable product used by a restaurant or food establishment as packaging to serve or transport prepared, ready-to-consume food or beverages, including but not limited to plates, cups, bowls, trays, and hinged or lidded containers.  "Disposable food service container" does not include single-use disposable straws or utensils.

     "Polystyrene" means a thermoplastic petrochemical material utilizing a styrene monomer, including all polystyrene, meaning any styrene or vinyl chloride polymer that is blown into a foam-like material.  Polystyrene includes materials created from techniques including the fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).

     "Polystyrene foam container" means a container that is made using polystyrene material.

     §   -2  Prohibition on the use of polystyrene foam containers.  (a)  Beginning on January 1, 2018, no state agency or department operating within any state-owned or state-run building or facility shall enter into new contracts with vendors to purchase polystyrene foam containers for serving food or beverages.

     (b)  Beginning on January 1, 2020, no state agency or department operating within any state-owned or state-run building or facility shall serve food or beverages using polystyrene foam containers.

     (c)  Beginning on January 1, 2020, any state agency or department operating within any state-owned or state-run building or facility using disposable food or beverage service containers shall use containers made of compostable material.

     §   -3  Rules.  The department shall adopt rules pursuant to chapter 91 necessary to implement this chapter."

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Food and Beverage Service Containers

 

Description:

Prohibits the use of polystyrene food and beverage containers in state-owned and state-run buildings and facilities beginning 1/1/2020.  Requires that food and beverages be packed in compostable containers.  Prohibits new contracts to purchase polystyrene food or beverage containers beginning 1/1/2018.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.