2021-08-25 EMC agenda item 5-b(1) - HB1316_TESTIMONY_EEP_02-09-21_

Home

As drafted, HB 1316 proposes complex criteria for these types of facilities that may unnecessarily hinder the ability of their outputs to be utilized by product manufacturers to meet any compliance obligations. ACC supports necessary regulations to ensure advanced recycling facilities meet important environmental or public health standards but we do have concerns with the current language in HB 1316. ACC is also concerned there is no clear estimate on the potential costs to manufacturers, retailers and ultimately consumers to set up these separate systems, manage these programs, and comply with new reporting requirements. These costs are likely to be significant. Gbroad definition of packaging, already decimated by the COVID pandemic, is likely to see higher operating costs, new regulatory requirements, and potentially lack of supply of appropriate packaging materials to serve their take-out customers. HB 1316 grants new authority to the Department of Health (DOH) to impose fees on manufacturers but is vague on any specific dollar amounts or if there is any cap on these fees. Also, the bill provides new rulemaking authority to DOH in several areas but uses terms that are undefined or unclear. For example, DOH would be required to develop criteria to determine whether covered products are reusable, recyclable or compostable. This section includes references to vague science and provide clear certainty for the regulated community. Finally, a recent report from the Plastics Source Reduction Working Group (Act 254) included a recommendation that he study should include a comprehensive legislation and literature review on the impacts of a possible EPR law for packaging in 3 that have been pursuing parallel efforts to implement EPR. Given that HB 1316 would have significant impacts on manufacturers, retailers, grocers, restaurants, agriculture, pharmaceutical makers, and others undertaking this study wouldbe a prudent first step. Thank you for the opportunity to submit these comments. If you have any questions, please contact me at 916-448- 2581 or tim_shestek@americanchemistry.com. You may also contact our Hawaii-based representative Ross Yamasaki at 808-531-4551 or ryamasaki@808cch.com 3 https://health.hawaii.gov/shwb/files/2021/01/Final-PSRWG-Report-to-Leg.pdf (page 9)