HomeMy WebLinkAboutCOM 0771.321 2020-2022 P/Cou ici
Cc K171
Council Chair Director of Council Services
Alice L.Lee
Traci N.T.Fajita,Esq.
Vice-Chair Deputy Director of Council Services
Keani N.W.Rawlins-Fernandez David M.Raatz,Jr.,Esq.
Presiding Officer Pro Tempore
Tasha Kama COUNTY COUNCIL
Councilmembers COUNTY OF MAUI
Gabe Johnson 200 S. HIGH STREET o r'3
Kelly Takaya King WAILUKU, MAUI, HAWAII 96793 ?,
Michael J.Molina www.MauiCountv.us
Tamara Paltin gam.
Shane M. Sinenci
Yuki Lei K.Sugimura May 24, 2022
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TO: Honorable Maile David, Chair
Honorable Aaron Chung, Co-Chair
Members of the Hawaii County Council
FROM: Kelly Takaya King
Chair, Climate Action, Resilience, and Environment Committee.
Maui County Council
SUBJECT: Testimony In Strong Support Of Bill No. 167, Relating To The
Prohibition Of Non-Mineral Sunscreen
Dear Chair David, Co-Chair Chung, and Members of the Hawaii County Council,
Thank you for the opportunity to testify in strong support of Hawaii
County Council's Bill 167, which seeks to preserve the health of coral reefs,
humans, and the environment by allowing only mineral sunscreens to be
provided, sold, offered for sale, or distributed in the County of Hawaii.
As the Chair of Maui County Council's Climate Action, Resilience, and
Environment Committee, I introduced similar legislation last year. Bill 135
(2021),(the "Maui Bill") was the subject of multiple committee and Council
meetings, and eventually became law with the approval of our mayor and the
unanimous support of my colleagues on the Council. The law, Ordinance 5306,
will go into effect on October 1, 2022.
While the Maui Bill was an historic and widely popular bill supported by
the Department of Land and Natural Resources, local environmental groups,
leading marine scientists, and youth, it received some opposition. Through the
public testimony process, it became evident that opposition to the Maui Bill was
driven by those with financial ties to the chemical sunscreen industry and a
monetary interest in the continued sale and distribution of ecologically harmful
chemical,sunscreens.
I suspect that Hawaii County will encounter similar industry-driven
opposition in moving forward Bill 167. When faced with these short-sighted.
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May 24, 2022
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objections, I urge the Hawaii County Council to maintain focus on the big
picture: the protection and preservation of our environmental treasures for today
and for generations to come.
Maui County was able to pass its sunscreen legislation last year because
the limited preemption imposed by Hawaii Revised Statutes §342D-21(b) lapsed
at the beginning of 2021.1 The end of'the.limited preemption was confirmed by
Senator Mike Gabbard who authored the state bill (see attached testimony by
Senator Gabbard dated July 16, 2021).
Following passage of the Maui Bill, I have become more aware of the
important distinction between nano and non-nano mineral sunscreens. "Nano"
ingredients in mineral sunscreens refer to smaller particles (which apparently
can harm coral), whereas non-nano mineral ingredients do not. I would suggest
that the Council consider amending Section 14-31 of the proposed bill to prohibit
"any non-nano, non-mineral sunscreen without a prescription issued by a
licensed healthcare provider."
As to another potential concern, Hawaii County's implementation of the
proposed legislation should not be cost prohibitive. In a letter from the County
of Maui Department of Environmental Management dated August 2, 2021,
Director Eric A. Nakawaka stated that "proper administration, education, and
enforcement of the [Maui] bill will require one additional staff member and
approximately$50,000 of additional funds in the year it becomes effective." This
additional staffer's duties would also include public education for our bans on
single use plastic and polystyrene, as well as have other responsibilities.
We know that our reefs and ecosystems are facing unprecedented stress
from climate change and human activity. These threatened coastal areas are
essential for cultural practices, coastal resilience, economic activity, and
biodiversity, as well as providing opportunities for scenic beauty, recreation, and
inspiration. Our planet's reefs are critically threatened, and it is incumbent upon
us as policymakers to do everything we can to ensure their survival.
Bill 167, prohibiting ecologically harmful chemical sunscreens, is an
opportunity to revitalize and protect this precious natural resource, and passing
this legislation supports environmental and 'aina-based values of Hawaii
County and our State. In doing so, you signal to industry leaders that your
community values the care of public trust resources—a message that will cause
1 HRS §342D-21(b) states: "No county shall enact any ordinance or regulatory restriction to
prohibit the sale, use, labeling, packaging, handling, distribution, or advertisement of
sunscreens containing oxybenzone or octinoxate, or both, prior to January 1, 2021."
May 24, 2022
Page 3
ripples and lead ad to a wave of better business practices and products which are
ecologically conscious and don't sacrifice community values for the sake of profit.
The prohibition of non-mineral sunscreens protects the precious reef
systems and will greatly benefit Hawaii County. We are sister counties
surrounded by the same ocean. By uniting on this issue, we can magnify our
efforts. Please pass Bill No. 167.
Mahalo nui loa,
Kelly Takaya King, Maui County Councilmember
Chair, Climate Action, Resilience, and Environment Committee
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SENATOR MIKE GABBARD f '( /• X11''.= CHAIRMAN
AGRICULTURE&ENVIRONMENT
20TH DISTRICT +`... +o.
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MEMBER
KAPOLEI,MAKAKILO, JUDICIARY
AND PORTIONS OF EWA,KALAELOA Zbe *mate MEMBER
&WAIPAHU STATE CAPITOL GOVERNMENT OPERATIONS
HONOLULU,HAWAII 96813
July 16, 2021
Chair King, Vice-Chair Sinenci, and Members of the Climate Action, Resilience, and Environment
Committee:
Aloha and mahalo for allowing me the honor to submit testimony on this very important piece of
legislation. I am Senator Mike Gabbard, Chairman of the Senate Committee on Agriculture and
Environment, and I strongly support the passage of this measure, which would prohibit the sale, use,
or distribution of sunscreen containing oxybenzone or octinoxate in the county of Maui.
In 2018, I was fortunate to be part of a unified effort to help protect our State's marine life as well as our
coastal habitat from the dangers that come from two extremely harmful chemicals found in
sunscreens: oxybenzone and octinoxate. I introduced Senate Bill 2571, that year,which ultimately
became Act 104. Beginning this year, Act 104 bans the sale, offer of sale, or distribution in the State of
any sunscreen that contains oxybenzone or octinoxate, or both, without a prescription issued by a
licensed healthcare provider to preserve marine ecosystems.
When formulating what would become Act 104, it was not our intention to preempt counties from
regulating sunscreen sales in general. The Act's limitation was specific to:
1. Oxybenzone and Octinoxate; and
2. Only until January 1, 2021.
In addition, I do not see a State prohibition on county sunscreen ordinances regarding other chemicals.
Our reefs are declining, and we don't have much time to wait around and not help mitigate the stressors
that are severely harming our marine life. One of those stressors is the negative impact that tourism is
having on our State. I deeply appreciate the committee's efforts in prioritizing environmental
sustainability and the quality of life for our people.
We need to protect our Hawaiian resources and work towards a more sustainable and self-sufficient
Hawai'i nei for all. Let's work together and help make our home a better place for today, and for future
generations to come. Mahalo for allowing me the privilege to testify.
Me ke aloha pumehana,
Mike Gabbard
Senator, 20th District
415 S.BERETANIA STREET,ROOM 201 HONOLULU,HAwAI'I 96813
PHONE:586-6830 FAx:586-6679 EMAIL:SENGABBARD[I,CAPITOL.HAWAII.GOV