Bill Text: HI HB817 | 2016 | Regular Session | Introduced


Bill Title: Microplastic; Ban

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB817 Detail]

Download: Hawaii-2016-HB817-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

817

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to microplastic.

 

 

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

 


     SECTION 1.  The legislature finds that plastic does not biodegrade like organic materials.  Instead, upon exposure to the elements, plastic photodegrades into smaller pieces, thereby causing land and water pollution that is virtually impossible to remediate.

     Personal care products, such as facial scrubs, soaps, and toothpaste, increasingly contain thousands of microplastic particles, ranging in size from fifty to five hundred microns, which are frequently flushed down drains as part of their intended use.  These microplastics are not recoverable through ordinary wastewater treatment and are thus released into the environment.

     These microplastics have been found in surface waters across the nation as well as in fish, marine mammals, reptiles, and in the digestive and circulatory systems of mussels and worms.  From these digested microplastics, polycyclic aromatic hydrocarbon, polychlorinated biphenyls, and polybrominated diphenyl ethers from plastic transfer to fish tissue during digestion and accumulate there, resulting in liver damage.  Furthermore, some of these affected fish are also consumed by humans.

     In addition, the legislature finds that there are many biodegradable, natural alternatives to microplastics that are economically feasible, as evidenced by their current use in some personal care products.

     The purpose of this Act is to protect Hawaii's environment by prohibiting the sale or promotional offering of cleaning products or personal care products that contain microplastic.

     SECTION 2.  Section 342D, Hawaii Revised Statutes is amended by adding a new section to be appropriately designated and to read as follows:

     "§342D-    Microplastic; ban.  (a)  No person shall sell or offer for promotional purposes any cleaning products or personal care products that contain microplastic.

     (b)  A person who violates this section shall be fined $         for each separate violation.  Each day the violation continues shall constitute a separate violation.

     (c)  All fines collected under subsection (c) shall be deposited into the water pollution control revolving fund established under section 342D-83.

     (d)  The department shall adopt rules pursuant to chapter 91 to implement this section.

     (e)  As used in this section:

     "Cleaning products or personal care products" means mixtures and solutions used for bathing and cleaning, including hand and body soap, exfoliates, shampoos, toothpastes, and scrubs.

     "Microplastic" means any plastic that is five millimeters or less in size in all dimensions.

     "Person" means an individual, trust, firm, joint stock company, corporation, company, partnership, limited liability company, or association."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

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Report Title:

Microplastic; Ban

 

Description:

Prohibits the sale or promotional offering of cleaning products and personal care products that contain microplastic.

 

 

 

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

 

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