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HomeMy WebLinkAboutREP PCENRM 003 2025-10-21 2024-2026REPORT OF THE POLICY COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE MANAGEMENT DATE: October 21, 2025 Re: Comm. No. 482Bill No. 83 PLACE: Council Chambers Kailua-Kona, Hawaii TIME: 2:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Policy Committee on Environmental and Natural Resource Management, to which was referred Bill No. 83, reports as follows: Bill No. 83, transmitted by Council Members Rebecca Villegas and Michelle Galimba via Communication No. 482, dated August 14, 2025, amends Chapter 20 of the Hawaii County Code 1983 (2016 edition, as amended), relating to plastic and polystyrene waste. This bill seeks to reduce disposable plastic or polystyrene foodware and serviceware in alignment with the County of Hawai`i's Zero Waste Plan and the State of Hawai`i's Aloha+ Challenge Solid Waste Reduction Goals. Policy Committee on Environmental and Natural Resource Management Meeting of September 16, 2025 Environmental Management Recycling Specialist Alex White was present in Chambers. Committee Member Rebecca Villegas provided a brief background and her motivation for introducing this bill was not intended to compete or inhibit the movement and transition to reusable, but to prohibit the use of something. Ms. Villegas commented in support for a reusable program and is open to more conversation or proposed amendments for this legislation. Committee Member Michelle Galimba commented on the definition of food providers and County facility users. Ms. Galimba noted the feedback around prepared food versus pre -packaged food stating the concern that this legislation might prevent local manufacturers from being able to package their food in a way that is reasonable. Ms. Galimba also noted the definition in the County Code for prepared food does not include pre -packaged food and the possibility to apply for an undue hardship exemption, which would give businesses 180 days to find solutions. Ms. Galimba added that the intention is to move us away from single use foodware from prepared food. Committee Member Holeka Goro Inaba asked for more clarity in the definitions of County facility users and franchisees, and where and who this bill would apply to. Committee Member James Hustace asked about the County's past plans of industrial composting. Mr. White explained that compostable products are going into the landfill, there are no suitable PCENRM Report No. 3 PCENRM-3 Page 2 October 21, 2025 composting facilities, and there is no current plan for a composting facility. Mr. Hustace expressed concern about compostable material are taking up space in our landfill rather than relocated to a composting facility. Committee Member Ashley Kierkiewicz commented that it would be helpful if some type of infographic was created to identify what is meant by this bill verses what is exempt so there is a clear visual to know when this law applies. Ms. Kierkiewicz also recommended a pilot program for micro composting facilities at the transfer stations to have the correct processing infrastructure in place on island so these materials can properly break down. Committee Member Dennis "Fresh" Onishi asked if athletic activities concessions would be affected. Ms. Villegas responded that rules would still need to be determined. Mr. Onishi questioned a recycling contract and asked if Department of Environmental Management is looking into composting facilities or green waste. Mr. White answered that plans with Hawaiian Earth Recycling was all officially paused but would verify and respond to members via email. Committee Member Heather Kimball suggested the prohibition to apply to folks that received contingency funds for events from the County. Ms. Villegas asked that Ms. Kimball create the amendment. Ms. Kimball also requested clarification on the intention of providers for prepared food. Committee Member Jennifer Kagiwada commented about the County's involvement in a program around reusable foodware and offered to draft an amendment around the reusable foodware piece for more succinct language. Bill 83 was postponed to October 8, 2025. Policy Committee on Environmental and Natural Resource Management Meeting of October 8, 2025 Legislative Research Branch Operations Manager Jacob Perry was present. Committee Member Rebecca Villegas gave a brief summary of the Bill and proposed an amendment via Communication 482.1, which would amend the definition of County facility users. Committee Member Jennifer Kagiwada expressed her support for the amendment. Bill 83 was amended with nine "ayes." Ms. Villegas gave a brief summary of another proposed amendment via communication 482.3, which would amend Section 20-05-05. The director, in consultation with the sustainability administrator, shall establish and maintain an education and public information program regarging alternatives to disposable foodware and serviceware. Bill 83, as amended, was further amended with nine "ayes." Ms. Villegas proposed another amendment via communication 482.5, which would add and amend definitions to pre -packaged food and prepared food. Committee Member Dennis "Fresh" Onishi expressed concern for the added costs to the vendors and requested to see cost factor numbers. PCENRM Report No. 3 PCENRM-3 Page 3 t October 21, 2025 Committee Member Matt Kaneali`i-Kleinfelder clarified the difference between prepared and pre- packaged food. Communication 482.5 was withdrawn by Ms. Villegas. Ms. Villegas proposed another amendment via communication 482.8, which clarifies definitions to pre -packaged food and prepared food. Bill 83, as amended, was further amended with seven "ayes," Committee Member Onishi voting in opposition, and Committee Member Ashley L. Kierkiwicz absent. Committee Member Rebecca Villegas proposed an amendment via Communication 482.9, which amends the prohibition of serviceware made from polystyrene or plastic. Bill 83, as amended, was further amended with nine "ayes." Ms. Kagiwada proposed an amendment via Communication 482.6, which amends the definition of reusable. Mr. Kaneali`i-Kleinfelder questioned the overlapping language between two amendments. Mr. Perry confirmed there was no conflicting lanuage and if both amendments were adopted, then the new draft would include the language of both amendments. Bill 83, as amended, was further amended with eight "ayes," and Committee Member Onishi voting in opposition. Committee Member Heather L. Kimball proposed an amendment via Communication 482.7, which adds that organizations hosting an event using County grant funds fall under the Prohibition Section 20-05-01. Bill 83, as amended, was further amended with nine "ayes." Bill No 83, as amended to Draft 2, was referred to the Environmental Management Director and the Environmental Management Commission for comments, and postponed to October 21, 2025. Policy Committee on Environmental and Natural Resource Management Meeting of October 21, 2025 Environmental Management Recycling Specialist Alex White was present. Committee Member Rebecca Villegas gave a summary of the Bill and her understanding of the referral to Environmental Management Director and Environmental Management Commisson as well as the 45 day timeline for a response, and expressed her desire to move this legislation forward to Council. Committee Member Michelle Galimba expressed her concern about the cost and adaptatation to using compostable containters. Committee Members Holeka Goro Inaba and Jennifer Kagiwada expressed their support. Committee Member Dennis "Fresh" Onishi expressed his concern about the cost to vendors and consumers, and the lack of compostable products and a composting facility causing everthing to go back into the landfill. Committee Member Matt Kaneali`i-Kleinfelder questioned the percentage of plastics that go into the landfill, composting between carbon and nitrogen, and asked if there was need for a separate composting facility to take in plastics. PCENRM Report No. 3 PCENRM-3 Page 4 October 21, 2025 Committee Member James E. Hustace and Committee Member Heather L. Kimball asked if this bill will apply to the healthcare sector and nursing facilities. Ms. Villegas answered that no contact was made with any healthcare facilities. Your Policy Committee on Environmental and Natural Resource Management is in accord with the purpose and intent of Bill No. 83, Draft 2, and recommends its passage on first reading. ca AYES NOES ABS EX GALIMBA X HUSTACE X INABA X KAGIWADA X KANEALI`I - KLEINFELDER X KIERKIEWICZ X KIMBALL X ONISHI X VILLEGAS X Respectfully submitted, POLICY COMMITTEE ON ENVIRONMENTAL NATURAL RESOUR:GB MWaGEMENT REBECCA VILLEGAS, CHAIR PCENRM REPORT NO.: 3 ADOPTED: NOV 1 9 2025