HomeMy WebLinkAbout2021-08-25 EMC agenda item 5-b(1) - HB1316_TESTIMONY_EEP_02-09-21_
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Office: (808) 323-4280
Holeka Goro Inaba
Email: holeka.inaba@hawaiicounty.gov
Council Member, District 8, N. Kona
Count
74-5044 Ane Keohokalole Hwy.
Kailua-
January 5, 2021
House Committee on Energy & Environmental Protection
Representative Nicole E. Lowen, Chair
Representative Lisa Marten, Vice Chair
Dear Chair and Members of the Committee,
Re: Testimony in support of HB1316, Relating to Packaging Waste;
Hearing: February 9, 2020 at 9:00 a.m., Conference Room 325
On behalf of myself and the constituents of Council District 8 in North Kona, I would
like to express support for above referenced bill, and submit a brief testimony as follows:
Recycling has placed the burden of plastic waste onto local governments and taxpayers.
Producers should internalize the environmental and public health of their products and design
better products and systems that reduce waste at the source, and encourage the reuse of more
waste materials. We all have a dut
This bill will require producers of packaging waste to be responsible for the end-of-life
management of their products in a way that ensures minimal social and environmental impacts,
and allows the Department of Health to administratively impose civil penalties.
Click to Show All Notices
I strongly urge the enactment of HB1316.
Sincerely,
HOLEKA GORO INABA, Council Member
District 8, North Kona
HGI.wpb
HB-1316
Submitted on: 2/8/2021 3:44:33 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
County of Maui Dep't of
Tamara Farnsworth Support No
Env. Mgmt.
Comments:
Aloha e Honorable Chair Lowen and Committee Members,
The County of Maui Environmental Protection & Sustainability Division writes in
support of HB1316. Recycling markets have been challenged for several years and
municipalities have struggled to continue their recycling programs. Historically,
manufacturers have externalized the costs and responsibility of disposal and recycling,
leaving taxpayers to foot the bills. It is time to change this model, moving away from a
linear supply chain and establishing a more circular economy of production.
Extended Producer Responsibility (EPR) promotes better design, utilizing materials that
already have an infrastructure for recycling into new products, decreasing the need for
virgin materials, and supports more effective and efficient recycling systems. It takes the
burden off of municipalities and incorporates a truer cost approach that will assist cities
and counties to provide needed services to their constituents, all while promoting and
instituting a new, better way of managing waste; by planning how to manage it in the
design and manufacturing phase, before it becomes waste.
This bill is complex, but has precedent with successful legislation and programming in
Washington, and rides a current wave of positive EPR state and federal legislation. This
bill provides the option for cities and counties to retain control over their programs in
order to maintain continuity and oversight. It also provides for a third party to help
administer and provide oversight for the program, which will help all parties to comply
with the law.
Extended Producer Responsibility is an important component of Zero Waste principles
and practices; this bill will move Hawai`i forward, toward the highest and best use of
precious resources.
Thank you for the opportunity to provide testimony on this matter.
Executive Officers
Joe Carter, Coca-Cola Bottling of Hawaii, Chair
Charlie Gustafson, Tamura Super Market, Vice Chair
Eddie Asato, The Pint Size Corp., Secretary/Treas.
Lauren Zirbel, HFIA, Executive Director
John Schlif, Rainbow Sales and Marketing, Advisor
Stan Brown, Acosta Sales & Marketing, Advisor
Paul Kosasa, ABC Stores, Advisor
1050 Bishop St. PMB 235 | Honolulu, HI 96813
Derek Kurisu, KTA Superstores, Advisor
P: 808-533-1292 | e: info@hawaiifood.com
Beau Oshiro, C&S Wholesale Grocers, Advisor
Toby Taniguchi, KTA Superstores, Advisor
TO:
Committee on Energy and Environmental Protection
Rep. Nicole E. Lowen, Chair
Rep. Lisa Marten, Vice Chair
FROM: HAWAII FOOD INDUSTRY ASSOCIATION
Lauren Zirbel, Executive Director
DATE: February 9, 2021
TIME: 9am
PLACE: Via Videoconference
RE: HB1316 Relating to Packaging Waste
Position: Oppose
The Hawaii Food Industry Association is comprised of two hundred member companies
representing retailers, suppliers, producers, and distributors of food and beverage related
products in the State of Hawaii.
HFIA is in opposition to this measure. HFIA was a part of the Plastic Source Reduction
Working Group (PSRWG) that convened last year per Act 254, the group also included
representatives from the Department of Health, The Department of Land and Natural
Resources, the Hawaii Tourism Authority, representatives from each County, other industry
representatives, and representatives from leading environmental groups.
engaged in extensive discussion about the type of requirement being
proposed in this measure, which is generally referred to as Extended Producer Responsibility
1
al Report was unanimously approved and made the following
recommendation:
1
https://health.hawaii.gov/shwb/files/2021/01/Final-PSRWG-Report-to-Leg.pdf
Undertake a fair and careful study of Extended Producer Responsibility (EPR)
Discussion EPR is a policy approach to waste reduction that encourages manufacturers to design
environmentally friendly products by holding them responsible for the costs of managing their products
at the end of life. EPR shifts the economic burden of the cost of disposal, recycling, and cleanup from
the government to the producer of the product. According to the Organization for Economic Co-
operation and Development, assigning such responsibility could in principle provide incentives to
prevent wastes at the source, promote product redesign for environmental protection, and support public
recycling and materials management goals. The study should include a comprehensive legislation and
literature review on the impacts of a possible EPR law for packaging in
incorporate lessons learned and discussions from other states and the federal government that have been
pursuing parallel efforts to implement EPR.
The study should analyze the following two specific scenarios:
(1) EPR in Hawaii independent of other state and federal packaging EPR initiatives; and
The study should evaluate:
ts to all stakeholders (i.e. environment, consumers, taxpayers, government, and
businesses, etc.);
As this recommendation notes, an EPR policy, such as the one being proposed in this
measure is likely to have a range of potential costs in addition to any benefits. These costs
could include price increases for consumers, decreased product availability, tax increases, and
costs to businesses, including local businesses.
We believe that it would be imprudent to pass this measure or other EPR legislation in Hawaii
without understanding the costs and benefits. HFIA is in support of conducting a study of EPR
when the state is able to fund such a study.
We would also like to highlight the fact that packaging laws for products, especially medicine
and food, are created at the national level with the primary goal of keeping people safe. Any
state legislation needs to take this into consideration and cannot contradict Federal laws.
For these reasons this measure is not the right choice for our state, and we ask that it be held.
Thank you for the opportunity to testify.
HB-1316
Submitted on: 2/7/2021 11:36:16 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Hawai?i Youth Climate
Dyson Chee Support No
Coalition
Comments:
Aloha Chair Lowen, Vice-chair Marten, and members of the EEP Committee,
My name is Dyson Chee, I am 18 years old, and I am submitting written testimony on
behalf of the Hawaii Youth Climate Coalition (HYCC) in support of HB1316.
HYCC is a youth-led, youth-founded organization dedicated to taking on the climate
crisis through just and equitable means. Oftentimes, the burden of taking on plastic
pollution is put upon the shoulders of individuals and the government, yet we have seen
that this is not enough to completely eliminate the problem. The producers of such
plastics need to take responsibility by managing their products when they reach their
designed end-use. By making producers responsible for their own products, the
incentive for them to design out waste will be increased. Our current economic system
promotes a take-make-waste model, and this is a step in the right direction to change
that into a make-use-return model. We hope that this committee will pass HB1316, and
mahalo for considering our testimony.
Sincerely,
Dyson Chee
HB-1316
Submitted on: 2/7/2021 8:53:35 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
David Mulinix Our Revolution Hawaii Support No
Comments:
On behalf of Our Revolution Hawaii's 7,000 supporters and members statewide, we are
in full support of HB 1316.
HB-1316
Submitted on: 2/7/2021 10:29:50 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Hawaii Reef and Ocean Hawaii Reef and Ocean
Support No
Coalition Coalition
Comments:
To: The House Committee on Energy and Environmental Protection (EEP)
From: Hawaii Reef and Ocean Coalition
Hearing Date: Tuesday, February 9, 2021, 9:00 am
In support of HB1316 RELATING TO PACKAGING WASTE
Aloha Chair Lowen, Vice Chair Marten, and Energy and Environmental Protection
Committee members:
The Hawaii Reef and Ocean Coalition supports HB1316.
HIROC was formed in 2017 by coral
reef scientists, educators, local Hawaii environmental organizations, elected officials,
Plastic
marine debris is one of a handful of topics HIROC is testifying on that affect the health
of coral reefs and other aquatic life. HIROC is concerned because much packaging
waste, especially indestructible plastic, ends up in the ocean, harming and killing coral
and other aquatic species.
We need to progress from a wasteful "throw-away" packaging system to one where
consumption of resources is minimized and resources are reused. This bill has a
reasonable approach, requiring that producers of packaging waste, who understand
packaging design, be responsible for the end-of-life management of their products in a
way that ensures minimal social and environmental impacts, and makes producers
responsible for more of the true cost of the goods they create.
Please pass this bill! Mahalo for the opportunity to testify.
Hawaii Reef and Ocean Coalition (by Ted Bohlen)
HB-1316
Submitted on: 2/7/2021 11:34:17 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Sherry Pollack 350Hawaii Support No
Comments:
Plastic not only poses an immense pollution problem, it also exacerbates climate
change. Please pass this very important bill that requires producers of packaging waste
be responsible for the end-of-life management of their products.
185 Admiral Cochrane Drive
Suite 105
Annapolis, MD 21401
Tel (410) 694-0800
Fax (410) 694-0900
www.flexpack.org
Testimony in OPPOSITION
to
House Bill 1316
in
Hawaii House Committee on Energy and Environmental Protection
on
February 9, 2021
The Flexible Packaging Association (FPA) is submitting testimony in opposition to HB1316A
responsibility act for packaging and paper.
I am Alison Keane, President and CEO of FPA, which represents flexible packaging
manufacturers and suppliers to the industry in the U.S. Flexible packaging represents $33.6
billion in annual sales; is the second largest, and fastest growing segment of the packaging
industry; and employs approximately 80,000 workers in the United States. Flexible packaging is
produced from paper, plastic, film, aluminum foil, or any combination of these materials, and
includes bags, pouches, labels, liners, wraps, rollstock, and other flexible products.
These are products that you and I use every day including hermetically sealed food and
beverage products such as cereal, bread, frozen meals, infant formula, and juice; as well as sterile
health and beauty items and pharmaceuticals, such as aspirin, shampoo, feminine hygiene
products, and disinfecting wipes. Even packaging for pet food uses flexible packaging to deliver
fresh and healthy meals to a variety of animals. Flexible packaging is also used for medical
device packaging to ensure that the products packaged, diagnostic tests, IV solutions and sets,
syringes, catheters, intubation tubes, isolation gowns, and other personal protective equipment
maintain their sterility and efficacy at the time of use. Trash and medical waste receptacles use
can liners to manage business, institutional, medical, and household waste. Carry-out and take-
out food containers and e-commerce delivery, which are increasingly important during this
national emergency, are also heavily supported by the flexible packaging industry.
Thus, FPA and its members are particularly interested in solving the plastic pollution issue and
increasing the recycling of solid waste from packaging. We do not believe that HB1316, as
written, will accomplish these goals. Flexible packaging is in a unique situation as it is one of the
most environmentally sustainable packaging types from a water and energy consumption,
product-to-package ratio, transportation efficiency, food waste, and greenhouse gas emissions
reduction standpoint, but circularity options are limited. There is no single solution that can be
applied to all communities when it comes to the best way to collect, sort, and process flexible
packaging waste. Viability is influenced by existing equipment and infrastructure; material
collection methods and rates; volume and mix; and demand for the recovered material. Single
material flexible packaging, which is approximately half of the flexible packaging waste
generated, can be mechanically recycled through store drop-off programs, however, end-markets
are scarce. The other half can be used to generate new feedstock, whether through pyrolysis,
gasification, or fuel blending, but again, if there are no end markets for the product, these efforts
will be stranded.
Developing end-of-life solutions for flexible packaging is a work in progress and FPA is
partnering with other manufacturers, recyclers, retailers, waste management companies, brand
owners, and other organizations to continue making strides toward total packaging recovery.
Some examples include The Recycling Partnership; the Materials Recovery for the Future
(MRFF)
Recycling Program. All of these programs seek to increase the collection and recycling of
flexible packaging and increasing the recycled content of new products that will not only create
markets for the products but will serve as a policy driver for the creation of new collection,
sortation, and processing infrastructure for the valuable materials that make up flexible
packaging.
FPA believes that a suite of options is needed to address the lack of infrastructure for non-readily
recyclable packaging materials, and promotion and support of market development for recycled
products is an important lever to build that infrastructure. We also believe that EPR can be used
to promote this needed shift in recycling in the U.S. In fact, FPA worked with the Product
Stewardship Institute (PSI) and have jointly drafted a set of principles to guide EPR for flexible
packaging (https://www.flexpack.org/end-of-packaging-life). This dialogue, which looked at the
problems and opportunities for EPR to address the needs of the flexible packaging industry to
reach full circularity for over a year. It is with this background that FPA provides this testimony
to improve HB1316, so that it provides the necessary elements for the improvement of collection
and infrastructure investment and development of advanced recycling systems to allow for
collection and recycling to a broader array of packaging materials, including flexible
packaging; and quality sorting and markets for currently difficult-to-recycle materials.
As currently drafted, HB1316 definition of producer is not clear. The PSI/FPA principles
suggest the following in order to ensure the responsible party is correctly identified:
Producer means a party that has legal ownership of the brand of a product for
sale, use, or distribution in the state, including online retailers who sell into the
state, that utilizes plastic packaging.
(1) For plastic packaging, producer shall be determined based on the following
criteria:
(A) A person who
that uses plastic packaging
(B) If subparagraph (A) does not apply, a person who is not the manufacturer of a
owner or licensee of a trademark under which plastic packaging is used in a
commercial enterprise, sold, offered for sale or distributed in the state, whether or
not the trademark is registered; or
(C) If subparagraphs (A) and (B) do not apply, a person who imports the product
that uses the plastic packaging into the state for use in a commercial enterprise,
sale, offer for sale or distribution in the state.
The primary responsibility for fee collection, remittance, and reporting must be on the consumer
packaged goods companies (CPGs), which encompasses food manufacturers and retailers in their
role as brand owners. Packaing is not packaging unless and until a product is placed in it. CPGs,
and not the producers of the packaging (converters), have the ability to track consumer sales in a
given jurisdiction and control how products are packaged. Packaging producers (converters)
would have no way to determine where the packaging is sold and even in some cases to what
brand packaging producers sell packaging to CPGs, which may then use it for multiple brands
within their portfolio and sell throughout the country. Even when packaging is sold directly to a
brand in Hawaii, packaging producers have no way of knowing whether the final product (that
uses the packaging) will be sold in or out of the state.
FPA is also concerned that HB1316 gives very broad authority to the Department to determine
definitions, such as recyclability, compostability and resues, which should be definted through
national standards, such as FTC and ASTEM. In addition, the dates for implementation and plan
amendments/resubmissions are far too aggressive, particularly for the first ever of its kind EPR
program in the Country. Finally, there are NO antitrust protections for the supply chain
implementing this new system, including fees on packaging to support the plan and impliement
the program. This and the the extremely stringent penalties, including joint and several liability
for producers, is wholly inappropriate and defeats the purpose of having a constructive and
successful PRO representing various CPG competitors.
For these reasons, FPA opposes the current draft of HB1316,GFF but stands ready to assist in
amending the bill so that it comports with the PSI/FPA elements and supports a meaningful EPR
program for packaging; providing the necessary investment in new infrastructure and markets for
all packaging, including flexible packaging. In advance, thank you for your consideration. If we
can provide further information or answer any questions, please do not hesitate to contact me at
410-694-0800 or akeane@flexpack.org
Greg Maples, Chairman Polynesian Cultural Center Tambara Garrick, Incoming Chair Pineapple Place
Tyler Roukema, Secretary Outrigger Canoe Club
Kahili Soon, Treasurer Hukilau Marketplace Tom Jones, Past Chair Gyotaku
Sheryl Matsuoka, Executive Director Chivon Garcia, Executive Assistant Holly Kessler, Director of Membership Relations
Date: February 7, 2021
2020- 21 Board of Directors:
Tonu Apelu
Mariah Brown
To: Rep. Nicole E. Lowen, Chair
Michelle Ching
Rep. Lisa Marten, Vice Chair
Tammy Fukagawa
Committee on Energy & Environmental Protection
Wade Hashizume
Pat Kashani
From: Victor Lim, Legislative Lead
Aman Kheiri
Dirk Koeppenkastrop
Subj: HB 1316 Relating to Packaging Waste
Don Murphy
Sarah Nguyen
Michael Skedeleski
The Hawaii Restaurant Association representing over 3,500 restaurants
Alison"Bo" Tanaka
here opposes HB 1316 relating to packaging waste in Hawaii.
Katherine"Katy" Tanaka
Anthony Wong
Paul Yokota
HRA is in support of the goal to have a cleaner environment and having
Allied Members:
Naomi Azama
Reduction Task Force as was called out by Act 254 along with business
Michael Griffith
industry representatives and leading environmental groups.
Doug Harris
Sidney Higa
Unyong Nakata
Bryan Pearl
Our conclusion is that we need to take a fair and careful study on the
Dan Pence
Extended Producer Responsibility and not do it in a silo because there
Chassis Spangler
are many unforeseen consequences since we are an isolated island state
Jason Wong
with over 80 % of all of our goods and services coming from out of our
Advisory Board
Jerry Agrusa
shores.
Peter Bellisario
Shirley
We need to see and study industry initiatives along with federal
Victor Lim
measures and see what can really work here in our unique dynamics.
John Richards
Lisa Tomihama
Thank you for giving us this opportunity to share our view on this.
Sharon Shigemoto
Biff Graper
Gerda Tom
The Hawaii Restaurant Association
2909 Waialae Avenue, #22 Honolulu, Hawaii 96826 Office 808-944-9105 Fax 808-441-5355
TO: Committee on Energy & Environmental Protection
FROM: Adrian Hong, President of Island Plastic Bags, Inc.
RE: HB 1316 Relating to Packaging Waste
POSITION: STONGLY OPPOSE
Thank you for the opportunity to submit testimony in strong opposition to HB 1316. My name is Adrian
Hong and I am the president of Island Plastic Bags Inc. (IPB), a second-generation, family business in
Halawa Valley that manufactures plastic trash liners and recycles plastic scraps. The issue of extended
producer responsibility (EPR) should be addressed at the federal level in or coordination with as many
states as possible.
Packaging used in Hawaii is created all over the world. The recycling systems in place now and in the
future are not and will not be in Hawaii but on the mainland. As are the experts in packaging design and
manufacture. This points to a federal or multi-state response. Each state having their own EPR will lead
to inefficiencies and higher expenses that do not lead to better environmental outcomes. A federal or
multi-state response will have better resources, expertise, leverage, and reach.
Island Plastic Bags is not against the idea of extended producer responsibility. There should be
incentives to design packaging so it is easier to recycle and reuse. The company does object to each
state having its own EPR. The compliance requirements would be enormous and the outcomes poorer.
Thank you for the opportunity to provide testimony in strong opposition to HB 1316. Should you have
any questions or comments about my testimony you can contact me by email at
ahong@islandplasticbags.com or by phone at 808-484-4046.
Sincerely,
Adrian K. Hong, CPA*
President
Island Plastic Bags, Inc.
www.islandplasticbags.com
Email: ahong@islandplasticbags.com|Phone: 808-484-4046 |Fax: 808-488-8505
*Not in public practice
February 8, 2021
Scott Cassel
Chief Executive Officer/Founder
Representative Nicole E. Lowen, Chair
Representative Lisa Marten, Vice Chair
Board of Directors
Hawaii House of Representatives
Tom Metzner President
Committee on Energy & Environmental Protection
CT Dept. of Energy and
State Capitol
Environmental Protection
415 South Beretania Street
Scott Klag Vice President
Honolulu, HI 96813
Metro, OR
Jennifer Semrau Treasurer
WI Dept. of Natural Resources
RE: Support for HB 1316, An act relating to packaging waste
Mallory Anderson
Hennepin County, MN
Dear Chair Lowen, Vice Chair Marten, and Members of the Committee:
Elena Bertocci
ME Dept. of Environmental Protection
Thank you for the opportunity to submit testimony in support of HB 1316,
Abby Boudouris
which will create a packaging stewardship program for Hawaii with sustainable
OR Dept. of Environmental Quality
funding from producers.
Jennifer Heaton-Jones
Housatonic Resources Recovery
HB 1316 will create a producer responsibility program for packaging throughout
Authority, CT
Hawaii. The bill contains many of the standard elements of successful programs,
Jennifer Holliday
including producer responsibility organizations (PROs), a stewardship
Chittenden Solid Waste District, VT
plan, PRO fees that incentivize environmental performance, annual reporting,
Kate Kitchener
performance targets, and accommodations for small producers. The bill assigns
NY City Dept. of Sanitation
full responsibility for the program to producers while allowing counties the
Cathy Jamieson
flexibility to collect materials if they choose. The bill also covers the cost of state
VT Dept. of Environmental
oversight and enforcement of the program.
Conservation
Andrew Radin
Based on two decades of rigorous research and practice, the Product
Onondaga County Resource
Stewardship Institute (PSI) believes that HB 1316 is critical to save Hawaii
Recovery Agency, NY
residents millions of dollars in waste recycling and disposal costs while
Joe Rotella
dramatically increasing access to recycling across the state and relieving
RI Resource Recovery Corporation
counties of the significant financial burdens that they currently face in operating
recycling programs. HB 1316 will create recycling jobs, reduce waste and
Patrick Riley
OK Dept. of Environmental Quality
greenhouse gas emissions, and address the inequitable environmental and
health impacts of our current waste system on vulnerable communities.
Honorary Directors
Sego Jackson
Under the current system, low-income communities and communities of color
Seattle Public Utilities, WA
are disproportionately affected by the health and environmental impacts of
Walter Willis
increased landfilling, incineration, and litter. HB 1316 establishes a multi-
Solid Waste Agency of Lake County, IL
stakeholder advisory committee that provides for multi-stakeholder input into
producer plans, and includes explicit environmental justice requirements to
ensure equity in recycling collection, environmentally sound and socially just
Product Stewardship Institute, Inc. | One Beacon Street, Suite 1500, Boston, MA 02108
Tel. 617.236.4855 | www.productstewardship.us | @productsteward
PSI is an equal opportunity provider and employer
management practices for collected materials, and a demonstrated effort by producers to coordinate
with communities in implementing the stewardship program.
There is currently little incentive for the system to change. To drive real transformation, funding for
recycling must come from the producers who benefit from the sale of packaging and paper products.
Producers are in the best position to make design choices regarding what materials to use for their
packaging and paper products, and to source recycled content. HB 1316 places strong emphasis on
incentives and criteria for reusable and refillable products and packaging, as well as post-consumer
recycled content requirements provisions which will promote waste reduction, better packaging and
product design, and contribute to recycling markets.
PSI is a national nonprofit working to reduce the health and environmental impacts of consumer products
from design and production through end-of-life. We work closely with 47 state environmental agency
members, hundreds of local government members, and over 120 partners from businesses, universities,
organizations, and international governments. PSI created the model for packaging EPR that is consistent
with HB 1316 and is based on decades of research and partnership with EPR practitioners around the
world. Our model has also shaped the EPR policy at the center of the federal Break Free from Plastic
Pollution Act, which will be reintroduced this session by U.S. Senator Jeff Merkley and U.S. Representative
Alan Lowenthal to reduce packaging waste, as well as emerging bills in a dozen states, including New
York, Massachusetts, Vermont, and other states around the country.
The need for a new recycling approach has never been clearer. With staffing and budget disruptions
caused by the COVID-19 pandemic and commodity prices at all-time lows due to the loss of export
markets, local governments are struggling to maintain recycling programs. Communities in Hawaii have
faced overwhelming increases in residential trash and recycling volumes since the start of the pandemic
and continue to grapple with high rates of contamination due to consumer confusion and increasingly
complex packaging. Many counties have been forced to dispose of recyclable material, stop curbside
service, or even suspended recycling programs altogether.
We urge you to support HB 1316 for the financial and environmental health of Hawaiis communities and
economy.
If you have any questions, please feel free to contact me at (617) 236-4822, or
Scott@ProductStewardship.US.
Sincerely,
Scott Cassel
Chief Executive Officer/Founder
PSI |February 8, 2021
PSI Support for HB 1316 Packaging Stewardship Page 2 of 2
AMERIPEN
American Institute for Packaging and the Environment
Opposition House Bill 1316
Hawaii House Energy and Environmental Protection Committee
February 9, 2021
Chair Lowen, Vice- Chair Marten and Members of the House Energy and Environmental Protection
Committee,
AMERIPEN the American Institute for Packaging and the Environment appreciates the opportunity to
comment on House Bill 1316 that seeks to establish an extended producer responsibility (EPR) mandate
for packaging and printed material. While AMERIPEN has developed principles for financing to support
the goals of improving packaging recycling and recovery, we cannot support HB 1316 in its current form.
AMERIPEN is a coalition of packaging producers, users and end-of-life materials managers dedicated to
improving packaging and the environment. We are the only material neutral packaging association in
the United States. Our membership represents the entire packaging supply chain, including materials
suppliers, packaging producers, consumer packaged goods companies and end-of-life materials
managers. We focus on science and data to define and support our public policy positions and our
comments are based on this rigorous research rooted in our commitment to achieve sustainable
packaging and efficient recycling policies.
AMERIPEN recognizes that the health of a recycling system is critical and that there is a shared
responsibility that packaging producers and others can play in improving the recycling system.
Following below are our key concerns and recommendations for HB 1316 that must be addressed to
truly create a workable packaging producer responsibility program in Hawaii.
AMERIPEN Key Concerns:
1. Packaging Definition (pg. 6) The definition of packaging creates a critical standard for the
implementation of the program. Currently, the definition appears to include tertiary (or business to
business) packaging and secondary packaging. The definition should only encompass packaging that is
consumer facing:
Materials used for the containment, protection, delivery, presentation or distribution of a product
at the time that the product leaves a point of sale or is received by the consumer of the product.
2. Producer Definition (pg. 8) The current definition is too broad and open to misinterpretation
because it does not assign a clear hierarchy of responsibility brand owner or importers/distributors or
other party. We suggest this clearer definition for producer:
Phone: +1 651-288-3431
(A.)
product;
(B.) If subparagraph (A) does not apply, a person who is not the manufacturer of a covered
product under the manufacturers own brand, but is the owner or licensee of a trademark
under which a covered product is used in a commercial enterprise, sold, offered for sale or
distributed in the State, whether or not the trademark is registered; or
(C.) If subparagraphs (A) and (B) do not apply, a person who imports the product that uses the
covered product into the State for use in a commercial enterprise, sale, offer for sale or
distribution in the state.
3. Recyclable Definition (p. 10) The current definition is broad and open to interpretation based on
several factors, including market conditions. We believe a better approach is to allow the Producer
Responsibility Organization (PRO) to establish recyclable criteria and standards to be submitted to and
approved by the Department .
4. Department Program Costs and Producer Payments (pg. 15-16) The amount of the annual
annual program costs should be established and capped
in the legislation.
5. Reuse and Recycling Performance Requirements (pg. 22-23) Current language grants the
Department authority to change and set new performance requirements. The responsibility to change
performance requirements as needed should instead be the responsibility of the PRO, in cooperation
with the Department and advisory committee.
6. Needs Assessment: AMERIPEN has articulated, in our principles, that a needs assessment to
determine the total budget needed for an EPR program and to develop infrastructure is needed before a
stewardship plan is implemented. A needs assessment should be included in this legislation and the
effective date should be delayed one year to allow for the development of this needs assessment.
# # #
AMERIPEN recognizes the need to improve the recycling system in Hawaii and beyond and we remain
committed to being a partner to find the right path forward. We hope that the information provided
above provides useful ways to start the conversations to make this legislation more feasible and that will
lead to an improved recycling system in Hawaii, bringing more packaging to a place of circularity. We
believe that improving the recycling system is and always will be a shared responsibility. Therefore, we
hope that our comments are helpful in creating a pathway to developing a truly workable program
under this legislation.
We look forward to a continued dialogue with you and hope to work on
pragmatic suggestions as this legislation is considered and could be amended in the future.
Page 2 of 2 Opposition Hawaii House Bill 1316 February 9, 2021
February 8, 2021
Submitted electronically
Representative Nicole Lowen, Chair
Committee on Energy and Environmental Protection
Hawaii State Capitol, Room 425
RE: HB1316 Relating to Packaging Waste (OPPOSE)
Dear Chair Lowen,
1
Consumer Brands Association (Consumer Brands) champions the industry whose
products Americans depend on every day. From household and personal care products
to food and beverage products, the consumer packaged goods (CPG) industry plays a
vital role in powering the U.S. economy, contributing $2 trillion to U.S. GDP and
supporting more than 20 million American jobs. Consumer Brands advocates for
uniform regulatory frameworks established from risk-based science that promote choice
and build consumer trust across the sectors we represent. Consumer Brands
appreciates the opportunity to provide comments on HB 1316.
The protection of the environment is a priority shared by the consumer packaged goods
industry and we are united in our efforts to raise recycling rates, reduce waste to landfill
and keep packaging out of the environment, especially our oceans and waterways.
Consumer Brands supports the process undertaken by the Plastic Source Reduction
Working Group (Working Group). The Working Group engaged in extensive discussions
about the type of requirement being proposed in this measure, which is generally
referred to as extended producer responsibility or EPR. The Working Groups Final
2
Report was unanimously approved and made the following recommendation:
undertake a fair and careful study of Extended Producer Responsibility (EPR). Such a
study is a necessary first step because EPR is not a one size fits all approach that will
solve all waste problems in all cases. In fact, EPR can create inefficiencies in waste
management and regrettable substitutions in packaging.
1
Formerly the Grocery Manufacturers Association.
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Consumer Brands Association Powering every day.
Consumer Brands Association Comments to HB 1316
February 8, 2021
Page 2 of 3
As the study is designed and planning takes place, there are three important points to
consider:
Packaging has a critical role to play in protecting the safety and quality of
consumer products.
The consumer products industry is committed to increased recyclability and/or
recycled content of packaging.
Recycled content has unique challenges depending on material type and
packaging use.
Packaging is Critical to Safety and Quality
Hawaiians use consumer products every day. These products must be reliable, perform
as expected and be delivered to consumers assuring product safety and quality.
Packaging is critical to these efforts. Whether it is a food, beverage, personal care or
cleaning product, packaging is required. Packaging is designed to perform under a
range of supply chain pressures, which may include heat, cold and different modes of
transportation. Material selection, design, performance and the environment are all
critical factors when it comes to consumer products and packaging.
The Consumer Goods Industry is Committed to Packaging Improvements
All of the 25-largest consumer packaged goods companies have made commitments to
improve their packaging, including making packaging fully recyclable or compostable,
using new materials, or increasing recycled content. The packaging materials of today
and tomorrow need a recycling system that can accept and process those materials and
return them to the supply chain to be used again as feedstock or to create value-added
materials with recycled content similar to the products and product categories under
review by the agency. We believe a comprehensive study is the first step in this
process.
Any Study Should Also Investigate Recycled Content Rates and Supply Chain
Challenges
Currently, demand for recycled content far exceeds supply. In addition to the consumer
packaged goods industry, a range of industries have also made significant
commitments to dramatically increase the use of recycled content, especially recycled
plastics, in packaging, apparel and other products. Yet the domestic supply of recycled
Consumer Brands Association Comments to HB 1316
February 8, 2021
Page 3 of 3
plastics is only able to meet six percent of current demand. It is estimated that to meet
future demand, the U.S. recycling rate for polyethylene terephthalate (PET) containers
must increase to at least 70 percent. Currently, the Environmental Protection Agency
estimates the recycling rate for plastic is just eight percent. There are also design and
use challenges between food and non-food packaging as well as between rigid and
flexible materials as well. As such, as an EPR study is developed we strongly support a
look at the supply chain and market availability of recycled content.
Although we are opposed to HB 1316, the Consumer Brands Association strongly
supports investing time and resources to support the Working Group recommendation
and an inquiry into recycled content. We look forward to working with you and the state
of Hawaii on this important issue.
Sincerely,
John Hewitt
Senior Director, Public Affairs
TESTIMONY OF TINA YAMAKI, PRESIDENT
RETAIL MERCHANTS OF HAWAII
February 9, 2021
Re: HB 1316 Relating to Packaging Waste
Good morning Chairperson Lowen and members of the House Committee on Energy & Environmental Protection. I am
Tina Yamaki, President of the Retail Merchants of Hawaii and I appreciate this opportunity to testify.
The Retail Merchants of Hawaii was founded in 1901, RMH is a statewide, not for profit trade organization committed to
the growth and development of the retail industry in Hawaii. Our membership represents small mom & pop stores, large
box stores, resellers, luxury retail, department stores, shopping malls, local, national, and international retailers, chains,
and everyone in between.
We are STRONGLY OPPOSED to HB 1316 Relating to Packing Waste. This measure requires producers of packaging
waste be responsible for the end-of-life management of their products in a way that ensures minimal social and
environmental impacts; and allows the department of health to administratively impose civil penalties. Establishes the
waste and litter management special fund.
Retailers continue to be concerned about our aina and have supported many initiatives that preserve and protect our
environment. We must note that most of the plastic pollution in and around our islands are not locally produced. It comes
from other national and international locations and is carried to our islands by the ocean currents.
Packaging over the years have been changing. Manufacturers are using materials that are safer for the environment.
However, we must also note that while packing materials are evolving due to technological advancements, there are
currently no safe alternatives for others. Manufacturers and retailers want to be sure the items that are purchased are
damage free when the customer receives them. While most general commercial trash is disposed of at H-POWER on
Oahu, it is also our understanding that there are no composting facilities in the state. The state should ensure that the
infrastructure is in place before considering legislation like this.
Furthermore, to the best of our knowledge, our industries were not part of the discussion surrounding this measure and
the impacts it has on our operations. This measure creates an unreasonable burden and have a significant cost increase
on the operations of many manufacturers and retailers.
According to this measure, the sole burden would be placed on manufacturers and retailers. Retailers would have to
submit annual report on their producers and brands, weight, material by category, quantity of products, post-consumer
recycled content to name a few. This would be an unfair practice and one that is an awfully expensive one to implement
as additional staff may have to be hired. We also want to point out that since last March, many retailers were forced to
lay-off staff. While some have returned to work, others have not been called back and many stores are short staffed.
Furthermore, retailers have also taken pay cuts and streamline their operations to keep their doors open and their
employees employed.
We also feel that it isunreasonable for retailers and manufactures to be mandated to pick up the total cost of the entire
collection and recycling system, including infrastructure investments, the cost of meeting convenience standards, and
other requirements. The true cost to retailers
annual payment.
This added cost is something our struggling industry cannot afford. Retail has been one of the hardest hit industries in
the state due to the pandemic. We just cannot afford anymore operational cost increases. For many retailers, they have
seen a 70% decrease in their revenue in 2020 and are operating at 50% capacity (this includes the total number of
customers and employees in the store at any given time. The cost incurred with measurers like this would be passed on
to the customer and businesses especially the smaller local businesses who will not be able to absorb this additional
cost. As a result, the cost of living in Hawaii will increase and customers will turn to other online vendors who do not have
Hawaii ties. More stores will close and more of our friends, family and neighbors will no longer be employed.
Yet every week we see more and more retailers shutting their doors for good because they can no longer afford to do
business in Hawaii. We ask that you hold this bill to help businesses recover and survive the affect this pandemic is
having on our industry.
Mahalo again for this opportunity to testify.
3610 Waialae Ave Honolulu, HI 96816 (808) 592-4200 tyamaki@rmhawaii.org
HB-1316
Submitted on: 2/8/2021 10:49:56 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Alexandra Kahn Take Flight Digital Support No
Comments:
Aloha Chair and members of the Committee,
As an environmental marketing company based on Oahu, we believe in extended
producer responsibility and work with our clients to alter and decrease their overall
packaging. We work with brands that are already sustainable and looking to continue
advancing, or brands with no sustainable efforts and looking for an overhaul and
rebrand.
Our state as a whole has a serious trash problem- simply because we have infinite
space and are extremely isolated. While Oahu has incineration, the other islands do not
and their landfills are quickly filling. Legislation like this and compost initiatives can
decrease our overall waste generation and slow the speed at which the landfills fill.
Eventually, we will run out of space and will need a solution, so we should not let it get
to that point.
While I think this is an extremely complex issue and will require a lot of thought and
specification, I think it's a huge step in the right direction.
Mahalo for your time,
Alexandra Kahn
Take Flight, An Environmental Marketing Agency
February 8, 2021
To: The Honorable Nicole E. Lowen, Chair
Members, House Committee on Energy and Environmental Protection
From: Tim Shestek
Senior Director, State Affairs
Re: I. ЊЌЊЏ /ƚƓĭĻƩƓƭ
The American Chemistry Council (ACC) appreciates the opportunity to comment on HB 1316, legislation that would
establish a comprehensive product stewardship program for packaging and identified covered products. Though ACC
supports the overall intent of this legislation, we do have concerns with some provisions of the bill as drafted including
many mischaracterizations in the findings section.
ACC recognizes that plastic waste is a global problem that requires everyone from plastic producers, product
manufacturers, brands, retailers, recyclers and waste haulers, as well as communities, nonprofits and federal, state and
local government to come together to create a more circular economy for plastics. This means more efficiently using
plastics by keeping them in use for as long as possible, getting the most from them during use, and recovering them to
make new products.
In order to achieve these objectives, ACC recently announced goals that 100% of plastics packaging is recyclable or
recoverable by 2030 and we continue to be engaged in developing policies and programs aimed at increasing the
recovery of plastic packaging and developing new domestic markets for recycled materials. These efforts include
building on recent domestic industry-announced investment of more than $5 billion in traditional and advanced
recycling; using recycled plastic as feedstock to produce new plastics and other products; improving plastic product
design to increase recyclability; and developing plastics value chain financing for collecting and sorting various plastics
packaging formats.
12
Circular Economy Accelerator a collective effort of more than
30 companies across the value chain to advocate for policy and legislative solutions that rapidly advance the circular
economy. This policy includes a multi-material package fee and a disposal surcharge to help support recycling
infrastructure investment and recycling operations. ACC encourages the State of Hawaii to explore the Recycling
Achieving higher recovery rates for packaging materials will most certainly require enhancements to the existing
recycling infrastructure, but will also require the use of new and innovative advanced recycling technologies. ACC
members, as part of our Advanced Recycling Alliance for Plastics are developing new technologies and building new
processing capability to convert post-use plastics into their original building blocks, specialty polymers, feedstocks for
new plastics, fuels, waxes, and other valuable products. These technologies include creating recycled post-consumer
resin (PCR) that can be used to manufacture new packaging, including food packaging. These technologies will help
create a true circular economy.
1
https://recyclingpartnership.org/
2
https://recyclingpartnership.org/accelerator-policy/
®
americanchemistry.com 1121 L Street, Suite 609 | Sacramento, CA | (916) 448-2581
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)
§
Testimony on behalf of the American Cleaning Institute
In Opposition To
House Bill 1316
Before The
Hawaii House Energy and Environmental ProtectionCommittee
February 9, 2021
ACI Respectfully OpposesHB. 1316 Pending Amendments
®
The American Cleaning Institute(ACI) is the trade association representingthe $60 billion U.S. cleaning
products market. ACI members include the formulators of soaps, detergents and general cleaning
products used in household, commercial, industrial and institutional settings;companies that supply
ingredients and finished packaging for these products; and oleochemical producers. ACI and its members
are dedicated to improving health and the quality of life through sustainablecleaning products and
practices. ACIs mission is to support the sustainability of the cleaning products industry through
research, education, outreach and science-based advocacy.
HB. 1316 as currently writtenwould require packaging, printing and writing paper to be recycled through-
producer responsibility organizations as provided in the measure. These new organizations would be
responsible for paying forrecycling these products, funding new litter prevention and clean-up programs,
paying for facility improvements, upgrading recycling processing facilities, creating new recycling
education programs and reimbursing local governments for their transportation costs. The bill includes a
requirement for post-consumer recycled content but does not provide a threshold or exceptions for
products which are unable to comply with the requirement.
ACI and its member companiessupport the objective of increasing the recoveryof all paper and
packaging. However, this billraises significant policy questions and implementation concerns with the
creationofthenewproducerresponsibilityorganizationsandpost-consumerrecycledcontent
requirements. ACI remains committed to working with you and the Committee to continue to address
these issues.
Cleaning product industry manufacturers are sustainability leaders
To advance the health and qualityof life of people and protect our planet, ACI believes it is necessary to
strive for a vibrant and sustainable future where people lead healthier lives; the Earth is flourishing; and
businesses thrive with integrity and enrich communities. The cleaning products industry acknowledges
the need for a new type of thinking in an effort to move globally toward a more circular economy, by
optimizing the use of natural resources, advancing water stewardship andeliminating waste. The industry
has for many years soughtthis objective by optimizing product packaging and innovating product forms,
leading to compact and concentrated products with less packaging.
Product Packaging Innovations
ACI understands the amount of packaging, and especially the amount of single-use plastics, that must
be reduced. While ACI recognizes that the industry must look to minimize the post-consumer waste by
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designing packaging for reuse and/or recycling at end of life, we also understand the need for creating
packaging with the integrityneeded for safe shipping and handling. Packaging regulations and recycling
regimes must consider and protect packaging innovations. Cleaning product manufacturers invest
millions to improve current products as well as create new products. Consumer choices are sometimes
driven by how a cleaning product is packaged. Moreover, a products packagingmay be just as much of
a competitive advantage as the product itself. Protection of that information is part of maintaining the
competitiveness of the product in the marketplace.
* * * * *
ACIs approach is to enableourmembership to drive improvements in sustainability across the industry
and throughout the supplychain. The cleaning products industry strives to align with the following
principles:
Recognizes a responsibility to mitigate impacts associated with the creation, use, and disposal of
our products
Recognizes that it must look to minimize post-consumer waste by designing packaging for reuse
and/or recycling at end-of-life
Understands the scarcity of natural resources and a need to recover and reuse materials, including
replacing virgin raw materials from non-renewable sources in packaging with those that can be
sourced with recycled material or are renewable in nature
Understands the amountof packaging, and especially the amountofsingle-use plastics, must be
reduced, and the problem of plastic polluting the oceans seriously addressed
Recognizes the need forshared funding sources, with commitmentsacross various industries, to
ensure material recovery programs are effective, resourceful, tailored and directed to serve a
direct benefit to society and the environment
Will be an engagedpartner and support multi-stakeholder input andengagement
Thank you for your attention and consideration of these comments. We urgethe Committee to
consider ACIs critiqueof HB. 1316 against the decades long commitment our members have had
to sustainability. For future reference, my contact information is (202) 662-2511 (direct dial) or via
electronic mail at abrown@cleaninginstitute.org.
February 9, 2021
The Honorable Nicole E. Lowen, Chair
The Honorable Lisa Marten, Vice-Chair
House Committee on Energy & Environmental Protection
Hawaii State Capitol
415 South Beretania Street
Honolulu, Hawaii 96813
Re: Statement in Opposition to House Bill 1316
Dear Representatives Lowen, Marten and Members of the Committee:
On behalf of Hawaiian manufacturer Pacific Allied and the entire North American expanded polystyrene industry,
please consider the following concerns we have with the current language of House Bill 1316.
The Bill Will Hurt Hawaiian Non-Tourist Businesses. At a time when we are trying to diversify our economy to
include more manufacturing in response to the Devastation from COVID-19, it does not make sense to further
burden an industry that has been a good steward of our island and is deeply committed to protecting the health
and environmental of Hawaii with fees, taxes and regulations that will not further protect the environment.
Pacific Allied Recycles EPS and Makes Recycled Content Products. Recycling and recycled content is a critical part
of our operations. The current bill will likely disrupt that by putting a layer of bureaucracy in between us and the
people and companies who provide us material for recycling. Pacific Allied recycled about 215,000 pounds of EPS
in 2019 (about 21% of our annual production). People can drop-off EPS material with us free-of-charge. We have
also partnered with 9 Hawaiian companies to accept and process their EPS material.
Pacific Allied Never Misled the Public About Recycling. The bill states that, “the plastic industry has misled the
public,” about recycling. We have never misled the public about recycling. If you would like to learn about the
recycling that is occurring right now and without a law, we would be glad to show you what we are doing in
Kapolei.
Pacific Allied Provides Stable, Good Paying Manufacturing Jobs. We have been in business in Kapolei since 1965
and currently employ 70 full-time workers. Pacific Allied manufactures and recycles expanded polystyrene (EPS)
protective packaging and energy-efficient building materials. Our packaging is used by Hawaiian industries to ship
products all over the world.
Before going forward with this legislation in its present form, please consider the negative impact this will have on
Hawaiian businesses all without improving the protection of our environment.
Please contact me if you would like to learn more about our plant and our products.
Respectfully submitted,
PACIFIC ALLIED
Fred Sylva
General Manager
Vice-President of Operations
ISO 9001 & FSSC 22000 Certified Company
Pacific Allied Products, Ltd. 91-118 Kaomi Loop Kapolei, HI 96707 Phone (808) 682-2038 Fax (808) 792-8535
February 8, 2021
Chairwoman Nicole E. Lowen
Hawaii State Capitol, Room 425
Honolulu, HI 96813
ġǦӳ ¦V ѳѵѳѸ úʂʂɞʍǦǞӿ ʅǦʄʪǦʍʚȥɓș ƠɑǦɓǞɑǦɓʚ
Dear Chairwoman Lowen,
On behalf of the Consumer Healthcare Products Association (CHPA), the national
trade association representing the leading manufacturers of over-the-counter (OTC)
hank
you for the opportunity to comment on HB 1316 related to packaging waste. While
we appreciate the goal of the proposal outlines in HB 1316, packaging regulation of
dietary supplements, drugs, and medical devices is the purview of the federal
government and thus risks conflicting with existing federal law. As a result, we
oppose passage of HB 1316 unless amended to include appropriate exemption
language for Food and Drug Administration (FDA) approved products.
Our industry is very committed to advancing sustainable practices and shares the
goal of minimizing environmental impacts created by product packaging. Many of
our member manufacturers already have recycling efforts in place and encourage
the development of more sustainable products, while remaining compliant with
existing federal law.
WɞɓȖȿȥǗʚ ˂ȥʚȠ hˌȥʍʚȥɓș ǦǞǦʅƠȿ ÕƠ˂
The packaging of drugs, dietary supplements, and medical devices is very complex
and highly regulated by the FDA to ensure the safety, quality, and stability of the
products sold. It is a multi-faceted and highly regulated space that forces
manufacturers to consider several factors beyond just the aesthetic appeal of the
package itself.
Specifically, FDA regulates drug product packaging under Good Manufacturing
Practices regulations (GMPs) (21 C.F.R. Part 211, Subpart G), including material
examination and usage criteria (§211.122), packaging and labeling operations (§
211.130), tamper-evident packaging (§ 211.132), and expiration dating (§ 211.137).
Certain drugs and dietary supplements are also regulated by the Consumer Product
Safety Commission (CPSC) under the Poison Prevention Packaging Act (PPPA), which
requires child-resistant packaging. Manufacturers are required to test their packaging
and certify compliance. In addition, drug products for which packaging does not
comply with PPPA packaging and labeling regulations are misbranded under the
Food Drug and Cosmetic Act (21 U.S.C. § 352(p)).
Finally, the Dietary Supplement Health and Education Act (DSHEA) was enacted in
1994 as an amendment to the FFDCA. DSHEA explicitly defines dietary supplements
as a category of food. Therefore, all the safety concerns regarding the use of plastic
materials made from post-consumer resins in food-contact articles as described in
the FDA guidance entitled, Recycled Plastics in Food Packaging apply to dietary
supplements.
hˌǦɑʂʚȥɞɓ ÕƠɓșʪƠșǦ
Given the potential conflict between existing federal regulation and this bill, we
request an exemption from HB 1316. This can be accomplished by including the
following language in the bill:
Any material that is used in the packaging of a product that is regulated as a drug,
medical device or dietary supplement by the U.S. Food and Drug Administration
under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 et seq., sec. 3.2(e) of 21
U.S. Code of Federal Regulations or the Dietary Supplement Health and Education
Act is exempt.
Thank you for taking the time to consider our concerns and feel free to contact me or
our local representative, Lauren Zirbel, directly with any follow up questions you may
have.
Sincerely,
Carlos I. Gutiérrez
Vice President, State & Local Government Affairs
Consumer Healthcare Products Association
Washington, D.C.
202.429.3521
cgutierrez@chpa.org
Cc: Committee on Energy and Environmental Protection
February 9, 2021
To: House Committee on Energy & Environmental Protection
Representative Nicole E Lowen, Chair
Representative Lisa Marten, Vice Chair
Members of the Committee on Energy & Environmental Protection
Re: HB 1316 RELATING TO PACKAGING WASTE
Hearing: Wednesday, February 9, 2021, 9:00 a.m., Room, 325, via videoconference
Position: SUPPORT
Aloha, Chair Lowen, Vice Chair Marten, and Members of the Committee on Energy &
Environmental Protection:
The Environmental Caucus of the Democratic Party of Human
Environmental Impacts Committee are in support of HB 1316 which requires producers of
packaging waste be responsible for the end-of-life management of their products in a way that
ensures minimal social and environmental impacts, and makes producers responsible for more of
the true cost of the goods they create. At minimum, each plan shall achieve the following
performance requirements: (1) By 2026, a minimum of fiftyfive percent of all covered products
supplied into the State are reused or recycled, with a minimum of five percent reused; (2) By
2030, a minimum of seventyfive percent of all covered products supplied into the state are
reused or recycled, with a minimum of ten percent reused; and (3) for each material category of
covered products supplied into the State, producer responsibility organizations shall achieve a
combined reuse and recycling rates for rigid plastic, including plastic beverage containers; flexible
plastic; paper; aluminum; steel; and glass, to be determined by the department.
The Democratic Party of Hawai`i (Party) has adopted at its 2018 State Convention, clear
safeguards to protect the against polluted runoff. At page 17 of the Party Platform, it
specifically provides that \[t\]he Democratic Party of
restoration of our natural environment is essential. We support a sustainable society that utilizes
the earth in such a way that future generations will benefit from the practices of our generation.
We support the restoration, preservation, and protection of our native ecosystems on each island.
We believe in integrated approaches, practices, and support public policies that create and maintain
a sustainable way of life in
We believe in supporting best managementpractices in sustaining our environment and in
increased citizen involvement. We support programs that encourage sustainable clean, efficient,
creative and environmentally friendly modes of transportation, recycling and waste reduction.
To reduce environmental contamination, we urge this Committee to pass SB 1319 as it
requires producers of packaging waste be responsible for the end-of-life management of their
products in a way that ensures minimal social and environmental impacts, and makes producers
responsible for more of the true cost of the goods they create, all of which are consistent with the
Democratic Party Platform.
Thank you very much for the opportunity to testify on this key issue.
Respectfully yours,
Alan Burdick and
Melodie Aduja
Co-Chairs, Environmental Caucus
Co-Chairs, Human Environmental Impacts Committee
Democratic Party of Hawai`i
Email: burdick808@gmail.com and
legislativepriorities@gmail.com
February 9, 2021
Hawaii House of Representatives
Committee on Energy and Environmental Protection
State Capitol, Conference Room 325
415 South Beretania Street
Honolulu, HI 96813
(Submitted Electronically)
To Whom it May Concern:
Sealed Air Corporation
which would establish and extended producer responsibility act for packaging and paper.
Sealed Air recognizes its responsibility as an industry leader in protective packaging to actively champion solutions to
mitigate environmental impacts both of plastic packaging as well as the products they protect. We are actively engaged
with multiple organizations around the world to improve recycling infrastructure and invest in new solutions to recover
value from waste. Sealed Air announced in 2018 a pledge to advance our packaging solutions to be 100% reusable or
recyclable by 2025 and to incorporate an average of 50% recycled content in our packaging.
Through our pledge it is obvious that the company is committed to a circular economy for flexible packaging designing
the right package for the product and utilizing less water and energy to do so; emitting less greenhouse gases in the
manufacture and transportation of the package; using the least amount of packaging necessary for the protection of the
product; and creating less waste. We are working with others to support robust collection, processing and recycling
systems for flexible products and, more importantly, to establish sustainable end markets. SB1185 purports to do the
same but does not, in its current form.
and not the brand that utilizes the packaging. Packaging producers have no way of tracing where or when a brand will use
or sell its product utilizing the packaging. Company is also concerned that HB1316 gives far too broad authority to the
Department to implement what would be the first program of its kind for packaging in the US. Similarly, the dates for
implementation and plan amendments/resubmissions are far too aggressive for the first packaging end-of-life program in
the US. Company is also troubled by the idea that a 3rd party producer responsibility organization (PRO) could affect the
reduction of and packaging design changes of its members; there are no anti-trust protections for the PRO or its members
producers, which defeats the purpose of a successful PRO compromised of competitors.
Thus, Company opposes HB1316 and urges the Committee to not vote in favor of the legislation as currently drafted.
Company is a member of the Flexible Packaging Association (FPA) and supports its testimony on this bill, includ
recommendation for amending the legislation to comport with its Circularity for Flexible Packaging elements detailed with
the Product Stewardship Institute at https://www.flexpack.org/end-of-packaging-life.
In advance, thank you for your consideration. If we can provide further information or answer any questions, please do not
hesitate to contact me or Alison Keane, President & CEO, FPA, at akeane@flexpack.org or 410-694-0800.questions.
Sincerely,
Terry Grill, Sustainability Leader Americas
terry.grill@sealedair.com
909.641.1162
Inspiring Local Communities to Care forInspiring Local Communities to Care forInspiring Local Communities to Care forInspiring Local Communities to Care forInspiring Local Communities
to Care forTheir CoastlinesTheir Coastlines
To: Chair Lowen and Vice Chair marten, and Members of the House Committee on Energy and
Environment
Re: Hearing HB 1316
Tuesday February 9, 2021, 9:00AM.
Position: Support
Aloha committee members,
My name is Rafael Bergstrom, the Executive Director of Sustainable Coastlines Hawaii
in support of HB 1316, an effort to build stronger extended producer responsibility laws in
pollution. We use this phrase as an educational terminology piece to explain to our communities
that while we will always do the hard work of cleaning plastic from our coastlines, the real work
is to combat the problem before its starts. The convenience culture of throwaway plastic is a
design failure at the highest levels we are using vast amounts of energy to extract fossil fuels
from the earth, using more energy to create products and move them across the world, and then
discarding them, often times after a single use. We have been sold lies by the plastic industry
regarding recycling in order to perpetuate a destructive money-making venture. It is well beyond
time to hold the producers, who have profited off of the demise of our oceans and natural world,
accountable to the products that they produce.
Over the past 10 years SCH has removed 585,000 lbs. of debris from our coastlines,
united 40,000 volunteers, educated 42,000 students, and waded through a destructive mess of
plastic pollution. We are experts on plastic pollution, the consequences of inaction, and the
solutions we have at our fingertips. Our citizens produce more than double per capita plastic
waste of China and five times that of Indonesia, while (with Europe), housing 95% of the
(CNN 2016).
As our ocean fills with more plastic by weight than fish (Washington Post 2016) by 2050,
as we have seen a 610% increase in raw plastic production since 1975 (Jambeck 2015), and as
95% of plastic packaging globally (resulting in $80-120 billion annual cost) is lost after a single-
first use (WEF 2016), the solutions must be more geared towards a shift away from the fossil
fuel based, greenhouse gas creating industry of plastics. The proliferation of plastic production
will account for 20% of the global fossil fuel budget by 2050 (United Nations 2018). A recent
degrade in water and sunlight.
The detrimental effects of these materials are no longer a questionable issue in fact, the
casual observer can now take note of plastic infesting nearly ever corner of the earth, from the
bottom of the ocean to the top of the Himalayan mountains. Sadly, the industry of plastic has
known for decades the detrimental nature of their product. The market thus has never corrected
3160 Waialae Ave, Suite 120, Honolulu, Hi, 96816 |
www.sustainablecoastlineshawaii.org | info@sustainablecoastlineshawaii.org |EIN:45-2596726
itself as many claim that it will always do. Instead the burden of cleanup and cost of an
intentionally failed product design has been left to nonprofits, governments, and tax payers.
Plastic is expensive. Plastic is costing cities, counties, states, & countries millions of dollars and
our global economy billions. Costs are passed to the taxpayers by burdening our stormwater
management systems with the need for expensive best management practices and the costs of
shows polystyrene foam and plastic bags as the top two contributors to the waste stream, while in
California, the Natural Resource Defense Council (NRDC) created a plastic cleanup valuation
study for 90+ counties in California. The study concluded that CA taxpayers are paying $428
million per year to clean up plastic through storm drain management, street sweeping, and
marine cleanups. San Diego County (with population of 1.3 million equivalent to Hawaii)
spends $14 million alone on plastic cleanup.
A recent waste accumulation study that Honolulu Facilities Management department
conducted that indicated that 28% of the debris in stormdrains, detention basins, etc. was plastic
& styrofoam. The city is charged with cutting waste in these systems by 50% by 2023 and 100%
by 2034 in order to meet requirements for pollution discharge permitting.
-Pacific
region alone costs its tourism, fishing and shipping industries $1.3 billion per year. In Europe,
illion per year. Studies
amounts to at least $13 billion every year. The economic, health and environmental reasons to
Our work now is to find solutions for source reduction to clean up this mess. The criteria
outlined in HB 1316 is the path to more accountability. Some of the biggest problems in the
the
case. The biggest investments should be in looking to programs and products that return us to
patterns of reuse. This should always be considered the number one option even over recycling
or composting, but when reuse has been exhausted as an option, we should hold companies to the
highest standards for making sure that their items have a traceable and equitable pathway to
recycling or composting. This will require a move away from the status quo and willingness to
not only test alternatives, but an embracing of the necessity of dynamic change.
Mahalo for taking the time to read this and please continue to move HB 1316 forward.
With Aloha,
Rafael Bergstrom
Executive Director
House of Representatives
Thirty-First Legislature, 20201
State of Hawaii
Reference: House Bill # 1305 and #1316
February 8, 2021
To whom this may concern,
My name is Dr. Calvin Lakhan, professor at York University in Toronto, Canada and director of
the Waste Wiki project.
It is my understanding that the State of Hawaii is currently considering extended producer
responsibility legislation for printed paper and packaging. This letter is to express my concerns
with the adoption of EPR in the State of Hawaii, as there are a number of misconceptions
surrounding the perceived benefits of EPR, with many erroneously citing the Canadian
experience to rationalize its adoption.
York University has undertaken several studies examining the efficacy of EPR for printed paper
and packaging, including a detailed evaluation of recycling system performance in British
Columbia and Ontario. The evaluation also examined the economic impact on the consumer as
there is an assumption that the costs of the program are borne by the producers.
While I have attached the full studies to this email for your reference, the most salient findings
are as follows:
Both British Columbia and Ontario are experiencing decreases in program performance
over time for their residential PP&P recycling programs (both with respect to system
costs and diversion rates).
o British Columbia has experienced a 27% increase in net system costs (from
$360/tonne to $456/tonne) over a three year period, while total diversion has
remained stagnant.
o Ontario net system costs have increased by more than 170% (from $219/tonne to
$370/tonne) since program inception, with recycling rates decreasing in each of the
past five years.
o A decrease in overall carbon abatement attributable to the recycling program is also
observed - both provinces are offsetting less carbon today, than they were five years
ago.
There is no link between the adoption of EPR legislation and increased recycling rates. A
previous study conducted by RRS falsely demonstrated this link, but the methodology
employed failed to take into account system maturity. When the maturity of a recycling
system is accounted for, there is no statistically significant relationship between EPR
policy and packaging recycling rates. Recycling rates are trending downwards as a result
of package light-weighting, a phenomenon that is independent of EPR policy.
EPR policy has not been shown to save taxpayers money this is a commonly repeated
claim by advocates of EPR policy, but in a statistical examination of British Columbia,
Ontario and Manitoba, the adoption of EPR for packaging waste (either full or partial)
was not shown to have any effect on taxes paid by households (in property taxes or
service levies).
o Property taxes in British Columbia have increased for 9 consecutive years, with
no discernable change in property taxes in the period immediately following the
transition to 100% EPR.
The adoption of 100% EPR for packaging waste has been shown to increase the price of
packaged goods by between 5% and 12% in Ontario and British Columbia (depending on
locality).
o Packaging producers do not internalize the costs associated with the transition
to full producer responsibility. These costs are passed onto consumers in the
form of higher priced goods and services.
o Increases in the price of packaged goods disproportionately affects lower income
families, as they consumer a greater percentage of packaged food stuff as a
proportion of their overall grocery budget.
o A previous study by RRS that found no link between the adoption of EPR policy
and the price of consumer goods was methodologically flawed due to the
absence of controls on factors affecting pricing. This limitation was
acknowledged by the study authors.
While I recognize that there is significant momentum to adopt EPR legislation in various states,
it is important to understand what the experiences in Canada have been to date. I hope that
the attached studies provide some clarity to the situation and illustrate that EPR programs as
currently structured in Canada have not met the stated goals and are struggling with increased
costs and stagnated recycling rates.
Please feel free to reach out at any time, and I am happy to answer any questions you may
have.
Warmest Regards,
Dr. Calvin Lakhan
Faculty of Environmental Studies and Urban Change, York University
lakhanc@yorku.ca
416-523-5164
HB-1316
Submitted on: 2/5/2021 1:04:52 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Ruta Jordans Individual Support No
Comments:
YES! Producers should be responsible for the end of life use of their products. Look at
all the unnecessary plastic packaging at places like Costco.
HB-1316
Submitted on: 2/5/2021 7:53:15 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Dana Keawe Individual Support No
Comments:
I support HB1316
HB-1316
Submitted on: 2/6/2021 8:00:25 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Rebecca Inaba Individual Support No
Comments:
In order to create a safe and healthy environment today and for the future, I strongly
support Bill 1316. It is our kuleana to mĕlama our lands and oceans and future
generations to come. Mahalo nui.
HB-1316
Submitted on: 2/7/2021 3:23:15 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Lisa Diaz Individual Support No
Comments:
RE: HB1316 RELATING TO PACKAGING WASTE
Rep. Nicole
Lowen Chair
Energy & Environmental Protection Committee
Aloha Rep. Lowen & EEP committee members:
I strongly support HB1316 which requires producers & sellers of products be
responsible for packaging waste and the end-life of the products they profit from.
Currently, local state & municipal governments fund packaging & product waste
disposal via citizens' tax dollars. There is no incentive for producers or sellers to
reduce waste or cover the $ and environmental costs of safely disposing of waste
at the end life of most products. Science has proven that plastics, metals and
many widely used chemicals are harming our land and ocean environments.
Marine animals and humans have PCBs in their fat & muscles from careless
disposal.
HB1316 is needed to reduce environmental pollution, increase health safety,
protect nature, and force producers/sellers to design/market products that do not
harm our planet.
Mahalo Nui Loa Rep. Lowen and EEP committee members for introducing and
hearing this important bill for Hawaii's keiki and our environment. Please advise
us the next steps to support in passing this important legislation.
Malama i ka Aina;
Malama i ke Kai,
Lisa Diaz
Science Educator
76-223 Haoa St.
Kailua-Kona, HI 96740
scidiaz@gmail.com
HB-1316
Submitted on: 2/7/2021 3:57:33 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
shantee brown Individual Support No
Comments:
I support HB 1316
HB-1316
Submitted on: 2/7/2021 4:44:02 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Rosanne Shank Individual Support No
Comments:
I strongly support any measures that will reduce plastic packaging and other
unnecessary plastic waste from coming into the state. There needs to be some control
as to the types of plastics allowed into the state and only those that can be managed in
some way should be allowed. Corporations and manufacturers need to step up and
change their production habits but the State of Hawaii can ban types of plastic that can
not be recycled or managed. The plastic that already exists needs to be recovered and
recycled or managed in way that reduces the polluting and volume impaction on our
marine resources. Corporations, manufacturers and shipping agencies should be held
responsible for the collection and recycling of these plastic packaging items. This also
implies that they must be able to be recycled and not just put into landfill.
Thank you for consideration of this bill.
HB-1316
Submitted on: 2/7/2021 6:35:16 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Douglas Perrine Individual Support No
Comments:
I support HB1316
HB-1316
Submitted on: 2/7/2021 7:43:55 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Gemma Shepherd Individual Support No
Comments:
I strongly support Hawaii Bill 1316 Relating To Packaging Waste. In a time of
environmental crisis, Bill 1316 gives me hope for a better future for our planet,
our islands, and all the beings that depend on it. I believe Bill 1316 will help turn
the tide of packaging waste entering our oceans, reduce the amount of
greenhouse gases being pumped into our atmosphere, and help create an
industrial system far more compatible with nature. By putting the burden of waste
management of packaging on producers rather than municipalities and taxpayers
with already limited resources, there is potential to design out waste upstream of
consumers and transform downstream waste management into a more
regenerative model. For Kauai in particular, which I am lucky enough to call
home, Bill 1316 will help transition to a more Zero Waste society and could help
raise funds to revamp an outdated waste management system with infrastructure
such as Curbside Recycling, a Material Recovery Facility, and a Composting
Facility. Above all else, it could transform packaging design and systems so that
we can stop producing so much waste. For too long our throwaway culture has
ignored the true cost of packaging pollution on our planet. Bill 1316 offers a
chance to reevaluate the importance of our environment, health, and the
biodiversity of this planet by building a system which holds producers
responsible for their products and the environmental and societal costs they
cause.
Mahalo for your time and considering my written testimony.
HB-1316
Submitted on: 2/7/2021 7:44:41 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Addison Luck Individual Support No
Comments:
Aloha and mahalo for considering my written testimony. My name is Addison Luck and I
live in Kilauea, Kauai. I am writing to strongly support the passing of HB1316.
Polluting our oceans and beaches, threatening the health of humans and wildlife, and
contributing to fossil-fuel extraction and emission creation, plastics come with a variety
of environmental, economic, and social consequences. This bill shows true promise and
d
Hawaii's greatest challenges. Discarding more than 30,000,000 tons of plastic every
year, America is the largest produceraccounting for 17%of plastic waste in the world.
As the Environmental Protection Agency
around 8%, with the overwhelming majority (76%) sent to landfill. Sending plastics to
landfill destroys ecosystems and uses valuable land, leeches into the environment and
poses a threat to human, wildlife, and environmental health, and disproportionately
effects marginalized communities.
As someone who has worked with local municipalities in their efforts to implement
curbside recycling and processing facilities, I know firsthand that the biggest challenge
in recycling is funding. Many municipalities are strapped for funds, and recovering from
the Coronavirus pandemic will only further economic struggles. Placing reuse and
recycling responsibilities on the companies that created these products, many of which
are among the wealthiest corporations in the world, will actively save money that
municipalities and residents pay for waste management. Additionally, these laws will
influence these corporations to limit the amount of unrecyclable materials, provide
clearer recycling instructions, promote reuse of their products, and incorporate more
sustainable materials and practices.
Passing HB1316 will place Hawaii at the forefront of innovative waste management in
the United States and will have immediate and positive societal, environmental, and
economic benefits. Mahalo for all of your valuable work, and thank you for considering
my testimony.
Addison Luck
HB-1316
Submitted on: 2/7/2021 8:58:29 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Sarah Matye Individual Support No
Comments:
Plastic waste needs to be the profiter's "problem" not the state and local governments.
Companies need to have a way to dispose of their products, to help pave a way for a
greener future. Mahalo!
HB-1316
Submitted on: 2/7/2021 9:33:39 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Noel Morin Individual Support No
Comments:
Dear Chair Lowen, Vice-Chair Marten, and EEP Committee members,
I am in SUPPORT of HB1316. This will introduce a strong signal to migrate away from
single-use plastics.
Thank you,
Noel Morin
HB-1316
Submitted on: 2/7/2021 9:46:25 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
James E Raymond Individual Support No
Comments:
Please take this small, baby-step away from poisoning our oceans and aina.
HB-1316
Submitted on: 2/7/2021 10:48:08 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Kilihea Inaba Individual Support No
Comments:
Aloha,
For the sake of every being that inhabit this earth we call home, please pass this bill that
will hold big corporations and manufacturers accountable for the trash they prouduce in
the process of consumer consumption. Let the responsibility not fall only on counties,
states, and individual decisions of what to do with our consumer rubbish, but on these
big business as well. If they can begin to use more eco friendly products to package,
there will be less in our landfills and oceans, creating less carbon dioxide to contribute
to global warming. Please! It all starts with our individual decisions to want to do better,
but also with passing laws that will benefit all people in the long run. Mahalo!!
HB-1316
Submitted on: 2/7/2021 11:31:14 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Cory Harden Individual Support No
Comments:
Aloha legislators,
It's high time the people who generate plastic waste take responsiblity for it!
mahalo,
Cory Harden
HB-1316
Submitted on: 2/8/2021 12:07:42 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Dr Marion Ceruti Individual Oppose No
Comments:
Vote NO on HB1316. This is not the time to impose more requirements on business.
Some business ventures are struggling to survive and pay their employees. HB1316 will
increase the cost of everything that is packaged at a time when many families are
already having trouble making ends meet. Recycling makes sense if it can be done cost
effectively. If the requirements of HB1316 would help businesses, they would be
implementing them already. Recycling should be voluntary, not mandatory. Please,
kokua, vote NO on HB1316.
308032
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HB-1316
Submitted on: 2/8/2021 8:01:24 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Kris Bordessa Individual Support No
Comments:
We have a waste problem. As consumers challenge themselves to rid their trash cans
of as much waste as possible -- is this compostable? maybe I could reuse it somehow?
do I know someone who could use this? -- manufacturers continue to sell their products
in excessive packaging.
While some conscientious consumers are doing their level best to avoid buying
products ensconced in plastic and other wasteful packaging, more just can't be
bothered. This is problematic for the environment and adds a burden to the state in
trying to manage waste in our island state.
But this shouldn't be a problem that's blamed on consumers. Manufacturers, retailers,
and other businesses should be mandated to eliminate as much packaging as possible.
And what packaging they do use should be made from materials EASILY compostable
or recyclable.
This problem needs to be tackled. I urge you to support HB1316.
HB-1316
Submitted on: 2/8/2021 8:25:52 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Selah levine Individual Support No
Comments:
I fully support this bill. Manufacturers must help deal with the waste they create.
Hopefully this bill will encourage producers to use more enviormentally responsible
packaging for their products.
HB-1316
Submitted on: 2/8/2021 8:31:05 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Melia Leslie Individual Support No
Comments:
I support HB1316. We cannot continue pushing environmental costs onto states and
municipalities while industries that profit from polluting continue to peddle the myth that
local, taxpayer funded recycling programs and individual actions alone are real
solutions.
It's time to take ACTION.
HB-1316
Submitted on: 2/8/2021 8:45:54 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Jennifer Milholen Individual Support No
Comments:
Aloha, Chair Lowen, Vice Chair Marten and committee members. My name is Jennifer
Milholen and I work as a Waste Reduction Coordinator and 3Rs Program Manager for
KÅ•kua Hawaii Foundation. Our mission and work is primarily in service of education
and building lifelong stewards of the earth. Over the years, I have been fortunate to
engage with students and schools about the impacts of the products we consume,
waste disposal, and how we can all do better in our own behaviors. Students feel
empowered and moved to action while, cleaning up a littered beach, campaigning to get
rid of plastic forks in their cafeterias, or even writing testimony, but there is also deep
confusion and feelings of futility when they confront the question of "why do these
products even exist," and "why does all this waste keep coming, when we know who is
responsible?"
We can continue to do our work inspiring our youth and communities and even
institutions in incrimental change, but the students' questions will never be given a
satisfying answer until the companies and supply chain systems are fully held
responsible for the products they design, market, distribute, and forget.
Aiding in the C&C of Honolulu's last Integrated Solid Waste Management Plan, it was
made even more clear to me how fiscally urgent it is to remove the exorbitant costs of
waste processing and disposal from the shoulders of the counties. Hundreds of millions
of dollars annually (per island) are lost because we have not invested in a system that
prioritizes conservation of resources, circular systems, and assigning appropriate
responsibility with those who have the most immediate means to influence product
design and management.
Mahalo for supporting this impressively thorough and urgently necessary bill. These
thorough bill details represent currently hidden data that is vital to assessing the true
costs of the products that enter and run through our islands.
Jennifer Milholen
HB-1316
Submitted on: 2/8/2021 8:48:35 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Terra Shumaker Individual Support No
Comments:
The amount of plastic waste continues to accumulate, not only on our Aina but across
the world. Most packaging is not recycleable, and even recycling is not a viable solution
for this problem as we do not have the infrastructure. The solution starts at the source.
The companies selling our needed products need to be held accountable and provide
environmentally friendly solutions so that we may keep the Aina clean for future
generations.
HB-1316
Submitted on: 2/8/2021 9:09:35 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Geoffrey Hajim Individual Support No
Comments:
Aloha!
As our planet careens towards ecological collapse we need to use these legislative
tools to slow the damage we are doing. I support HB1316.
Mahalo
GB
HB-1316
Submitted on: 2/8/2021 9:33:16 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Brad Bordessa Individual Support No
Comments:
The state should have been more proactive on plastic waste from the beginning. This is
a step in the right direction. A poluted Hawai'i isn't good for anybody (tourism
included!!!!). Please support.
HB-1316
Submitted on: 2/8/2021 11:03:50 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Claire Muskopf Individual Support No
Comments:
Producers have benefitted from decades of being able to make the highest profits
without any regard for the disposal of their products or packaging at end of use.
The costs associated with this disposal falls on private citizens or county agencies.
In order to move towards more sustainability in our island communities we need
producers of products to be more responsible for the waste their products create. We
have limited options for simply supporting different vendors and the costs to the planet,
these islands and our communities of not considering the responsible disposal of
materials is extensive.
We can do better.
HB-1316
Submitted on: 2/8/2021 11:26:39 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Lillian Ah Nee Individual Support No
Comments:
Aloha KÄ•kou,
I write in strong support of HB1316.
It is vital to the wellbeing of our communities and environment that manufacturers of
plastic waste contribute to managing the burden of disposing of the waste prodcuts they
are producing and profiting from.
For too long our communities have carried this expensive burden while manufactureres
have refused to address end-of-life concerns (by either supporting recycling efforts or
changing the materials of their products and packaging).
Mahalo for your time and consideration.
Lillian Ah Nee
HB-1316
Submitted on: 2/8/2021 11:44:16 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Ryan Christopher Individual Support No
Comments:
Our islands only have so much room for trash/waste. Hilo dump has now been closed
yet the trash continues to increase. We must take steps to curb our waste. Producers
will start to limit their packaging if they are the ones paying for its disposal. I fully
support.
HB-1316
Submitted on: 2/8/2021 1:03:57 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Roseann Michaud Individual Support No
Comments:
I support HB1316. Those who continue to create plastic waste through packaging
should help deal with the excess plastics in our waste stream.
HB-1316
Submitted on: 2/8/2021 2:05:17 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Tom Carey Individual Support No
Comments:
Aloha, We must be recycling all plastics, to not be doing so is abusing our
earth...Thanks, Tom Carey
HB-1316
Submitted on: 2/8/2021 3:05:01 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Gretchen Losano Individual Support No
Comments:
Aloha Chair Lowen, Vice Chair Marten, and the Energy and Environmental Protection
Committee,
House Bill 1316 is an excellent and very necessary way to start shifting the global
packaging crisis from consumer responsibility to producer responsibandility here in
Hawaii.
I have for over a decade, wondered how in the world it could be legal for these big box
stores to come into small municipalities and put such an incredible burden on our limited
waste infrastructure, without one iota of accountability or assumed responsibility to our
communites so directly feeling the negative effects. Every time I shop at costco I mourn
the mountains of plastic that come with my purchases, becasue I know we have no
infrastructue on Maui to be able to deal with these types of feedstocks. It is tragic that
the producers have historically relied on consumers to assume the burden of
recycleability of these waste products, with our limited capabilities, when they are large
players in a multi-billion dollar industry that both has the ways and means to contribute
to the solution on a global scale. For instance, Costco ships in all of these products and
then their shipping copntainers return from whence they came almost always
COMPLETELY EMPTY. It's insane. I have had several meetings with both the local
General Manager of Costco Maui and the global sustainability team for Costco to try to
addres this problem. Unfortunately, they have not yet taken the initiative to address any
of these obvious issues on any sort of global scale. Actually, they did stop using plastic
straws and are now using a plastic lid with a sippable hole in it, but that's not nearly
enough to fight the imminent nature of the climate crisis.
What is truly needed is this legislative initiative to mandate change. Producer
responsibility is not only a growing "trend" but it is absolutely necessary for island
municipalities with limited waste infrastructure to implement. While this bill may need
some work, I implore you to commit to passing this bill through the
EEP committee. This is the positive change we need to see for the waste industry in
Hawaii Nei.
Mahalo for your consideration,
Gretchen Losano
HB-1316
Submitted on: 2/8/2021 6:56:14 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Caroline Segalla Individual Support No
Comments:
My name is Caroline Segalla and I reside in Pahoa. The plastic pandemic is something
that needs to be addressed sooner than later, especially since we live on an island and
since China is no longer taking our dirty plastic. Even if they were, we really should get
off the plastic train. There is a group that began f/k/a Puna Precious Plastics
n/k/a Hawai'i Island Precious Plastic Hub. They are one of the only places that take
some of the plastics and require them to be sorted, clean and delabeled. There is a
place in Keaau's Shipman Industrial Park that only takes #2 plastics without caps, but
that is it! As soon as the County stopped taking plastics, they were all sent in with
regular trash. I as most people in this area, strive to not purchase anything unnecessary
that comes in plastic. I shop at places like Island Naturals or Keaau's Natural Foods, or
at farmers markets bringing my own containers and bags etc...I have given up on some
my favorite yogurt brands and chips but that is ok. I believe the sacrifice is worth it
seeing as we are overloading this poor earth with plastic. Here in Hawaii "taking care of
Aina" is something alot of folks talk about, but the way we address the plastic pollution
problem says otherwise. Often times, its left to the end user to acknowledge a problem
and try and find solutions to the problem, in this case plastic. So, the regular citizen is
left to either stop purchasing certain goods that come in plastic, or seek out places
like Hawai'i Island Precious Plastic Hub. Often times, its the small businesses that lead
the way by seeking alternative material i.e. corn / biodegradable products (that is a
whole other issue since we don't have proper facilities to even compost these new
wares but again, that is another discussion) but the bigger guys are still packaging their
goods in single-use plastic. They are not held accountable to the trash they generate
and the people who receive the product are the ones who pay for it with piles and piles
of plastic that never goes away, and oceans are full of awful plastic clogging up the
whole eco-system. This was the same problem with styrofoam, remember that drama?
Now, we are off that but there is still plastic to address. Now, I understand the
convenience of plastic, the santitary purposes of it etc...but perhaps only used for
necessary emergeny items. And by maybe creating a surcharge for those that create
alot of plastic trash, (although you and I both know they will pass that on to the
consumer) but to use those funds to reduce our dependence on plastic through
education, considering alternative materials, offering more bulk-buying options, ending
contracts with suppliers that are major polluters, and becoming a leader in addressing
this other pandemic. Often times, I have also seen lobbyists/ businesses that still want
to maintain the status quo (as with styrofoam) and Government leaders give in because
they want their votes, or because they have a history etc...It is time that Government
leaders take a stand, do what is right for EVERYONE especially this lovely Aina we are
allowed to live on. Thanks for your consideration and I do hope this passes. ALOHA!
HB-1316
Submitted on: 2/8/2021 9:12:51 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Ryan Plunkett Individual Support No
Comments:
I, Ryan Plunkett, support HB 1316.
HB-1316
Submitted on: 2/8/2021 9:55:46 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Avi Okin Individual Support No
Comments:
We need to fo more with eliminating and/or removing plastic wastes on our islands so I
support this bill as a start.
HB-1316
Submitted on: 2/8/2021 10:07:05 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Lynne Stamoulis Individual Support No
Comments:
HB1316 is an excellent approach to our solid waste problem. By making producers
responsible for the packaging attached to their products, consumers, producers,
government, all get on the same page when it comes to reducing solid waste---because
costs of products will be directly related to maximizing efficiencies of both production
and waste management. Hawaii joins a number of other states in forwarding such an
initiative so it would not stand alone against the market. We have to move in this
direction or we will be buried in plastic and other solid waste!
HB-1316
Submitted on: 2/8/2021 11:25:54 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
marjorie erway Individual Support No
Comments:
Please support this very important bill.
Mahalo for your consideration.
HB-1316
Submitted on: 2/8/2021 11:26:05 PM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Daniel Amato Individual Support No
Comments:
I am writing in support of Bill HB1316. As a scientist, surfer, and resident of Oahu, I feel
that the plastic pollution can only truly be addressed if those who create these items
play a role in the solution. After countless beach clean ups, it is clear that we cannot
clean our way out of this problem. I do not want to live in a world and play in an ocean
where there is more plastic than fish. Please vote for legislation that prioritizes human
and ocean health instead of the interests of corporations and their lobbyists. The
people of Hawaii have spoken out many times- clean air and water are required for us
to thrive. Chemical industry waste and their discarded products are not. Thank you. -
Daniel Amato
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Rep. Nicole E. Lowen, Chair
Rep. Lisa Marten, Vice Chair
Yvonne Yoro
808-352-5137
48 Rose Street
Tuesday, February 9, 2021
Support for HB 1316, RELATING TO PACKAGING WASTE.
raised to love and appreciate the mom and pop shops
that help keep our economy running. If choosing to support a small local business means
accepting the product housed by its non-recyclable plastic container, I am willing to make that
choice if that is what it takes to make certain that business stays afloat. Choices beyond our
control, including the housing that most products come in, should not be one that I, and fellow
residents, must bear alone. I am testifying in support of HB 1316 and hope for the
implementation of an act that shifts responsibility of product waste management away from
those who carry the burden now.
Nearly all the products that are generated and being shipped to our islands come in
plastic. Plastic is filling our landfills, laying on our beaches, found in our mountains and streams,
and slowly entering our bodies. While reducing the use of plastic is an option, it is also a difficult
choice to make when the alternatives found on our islands are scarce or come with an exorbitant
price tag. Incentives to reduce our usage are also challenging when local mom and pop shops,
who must compete with large-scale chains, are being forced to use inexpensive alternatives for
the sake of staying afloat. Should the consumer alone bear the burden of managing the waste by-
product that will most-likely live in our landfills for centuries?
The answer is no. Producers who make the decisions to package products a certain way
must share that responsibility. We must not allow these large companies to continue to fill our
lands with plastics much less condemn our residents for supporting our local companies who are
only looking to reduce their bottom line.
My position stands in support of HB 1316 and I hope to see this bill enacted in this
session. Mahalo and aloha.
HB-1316
Submitted on: 2/9/2021 8:42:57 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
chris c. Individual Support No
Comments:
HB 1316 takes a significant step towards mandating that producers and consumers
accept responsibility for the waste that they generate. It is much better than passing off
that responsibility to the Counties to manage their wastes like the flawed SB 1419.
HB-1316
Submitted on: 2/9/2021 9:08:03 AM
Testimony for EEP on 2/9/2021 9:00:00 AM
Testifier Present at
Submitted By Organization
Position Hearing
Gary Miller Individual Support No
Comments:
I support this bill!!!
for the manufactures and stores to start taking responsibilities for their end product
waste management especially for plastic products. Many studies have shown us the
adversely impact that micro plastics from plastic waste that ended up in soil and water
have caused. Please pass this bill. Thank you.