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HomeMy WebLinkAboutMIN PCENRM 2025/10/08 (2024-2026)Policy Committee on Environmental and Natural Resource Management 5ch Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii October 8, 2025 CALL TO The regular meeting of the Policy Committee on Environmental and Natural ORDER: Resource Management was called to order at 11:01 a.m., in the Council Chambers, Hilo, by Ms. Rebecca Villegas, Chair. ROLL CALL: Present: Ms. Rebecca Villegas, Chair Ms. Jenn Kagiwada, Vice Chair Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member Mr. Holeka Goro Inaba, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member (came in later) Mr. Dennis "Fresh" Onishi, Member (came in later) Relinquish Chair: At this time, the Chair relinquished the chair to Committee Member Inaba. STATEMENTS The Acting Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak on Bill 83 (Comm. 482), and came forward when called by the Acting Chair: Sarah Warr: (representing Sustainable Island Products) Victor Lim: (representing Hawaii Restaurant Association) Kencho Gurung: (representing Sierra Club Hawaii Island Group) Derek Kurisu: (representing KTA Super Stores) In support. (see Comm. 482.120) Comment. (see Comm. 482.110) Comment. (see Comm. 482.112) Comment. (see Comms. 482.109 & 111) PCENRM-5 BILLS FOR ORDINANCES: Bill 83: Ellie Moss: (representing Perpetual) October 8, 2025 Comment. (see Comm. 482.114) The Chair directed the Committee to proceed to the next order of business, Bills for Ordinances. AMENDS CHAPTER 20 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PLASTIC AND POLYSTYRENE 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. Reference: Comm.482 Imr. by: Council Members Galimba and Villegas Postponed: September 16, 2025 (Note: There is a motion by Council Member Villegas, seconded by Council Member Galimba, to recommend passage of Bill 83 on first reading.) (Note: Comm. 482.1 and Comm. 482.2, dated October 2, 2025; Comm. 482.3 and Comm. 482.5, dated October 3, 2025; and Comm. 482.8 and Comm. 482.9, dated October 8, 2025, from Council Member Rebecca Villegas; Comm. 482.4, dated October 2, 2025, from Council Member Michelle Galimba; Conlin. 482.6, dated October 6, 2025, from Council Member Jenn Kagiwada; and Comm. 482.7, dated October 6, 2025, from Council Member Heather L. Kimball, transmitting proposed amendments to Bill 83; were circulated.) ACTING CHR. INABA: Alrighty. Since we have a motion on the floor and the bill is introduced by Council Members Villegas and Galimba, we'll start with Council Member Villegas. MS. VILLEGAS: Sure. Grateful to be here today and for the pause to take the time to vet the legislation through a number of different experts who have navigated the process of what people like to call making sausage, in getting things passed in other municipalities as was mentioned by one of the testifiers. Maui and Oahu kind of blazed a trail when it came to disposable service ware. Super grateful that Hawaii County has been a leader when it comes to Styrofoam and the plastic bag ban. And as we look forward, I'm sure all of you have seen a number of amendments. I would like to explain, not all of them will be brought forward. With the Sunshine Law we can't particularly talk to one another about things. But what we can do is talk to allies, counterparts, and collaborators to ensure that the work's being done and where we need to get to is accomplished in order Page 2 PCENRM-5 October 8, 2025 to most effectively and accurately amend legislation into sausage. So we purposely put the amendments separately. My hope is that we can get through them pretty quickly and that I can just kind of explain each one of them and where they came from, much of it being from our prior conversations. I'm humbly admitting that I am not a great sausage maker apparently. So just continuing to learn as we go and grateful for all the expertise from passionate advocates throughout our community. Motion to Amend: Ms. Villegas moved to amend Bill 83 with the contents of Comm. 482.1. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Villegas. MS. VILLEGAS: Yes. This amendment is made to clarify. There were some questions about what does it mean to be a County facility user and how do you delineate between somebody who's renting. You know, there's was conversation about the difference is if you have a permit to use a County facility versus —but like let's say, Old Airport Pavillion, you have to rent it. Does that consider a permit? Anyway best solution we were able to come up with was adding the definition; any person using a County facility for commercial purposes. So as an example, if you are having a concert and you're utilizing a County facility for the concert and you're selling food and drinks or you're selling tickets even, then what you use at that event needs to be biodegradable compostable. So that is the premise of this particular amendment in the hope of clarifying what makes a County facility user circumstance that this legislation would apply to. And I'll open it up to any other comments of questions. ACTING CHR. INABA: Any discussion? Council Member Kagiwada. MS. KAGIWADA: Thank you. Yeah. Great addition, I think. I guess the only thing I'd say here is I hope that Council Members will consider maybe supporting some of our beloved annual events that happen in our parks in doing this because they might need some support, especially the first year or two. So I hope people will consider doing that for events especially taking place in your area. Thanks. I yield. ACTING CHR. INABA: Thank you. Any other discussions? Seeing none, all those in favor of amending Bill 83 with the contents of Communication 482.1, please say "aye." Page 3 PCENRM-5 October 8, 2025 Vote on Motion The motion to amend Bill 83 with the contents of to Amend: Comm. 482.1 was carried by the following voice vote: (Approved) Ayes: Committee Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Acting Chair Inaba — 9. Noes: None. Absent: None. Excused: None. ACTING CHR. INABA: Council Member Villegas, you still have the floor. Motion to Amend: Ms. Villegas moved to amend Bill 83, as amended, with the contents of Comm. 482.3. Seconded by Ms. Kierkiewicz. ACTING CHR. INABA: Go ahead. MS. VILLEGAS: Thank you. This amendment adds in acknowledgement and collaboration and responsibility for the Director of the Department of Environmental Management to work in consultation with the sustainability administrator, which is the Administrator for the Office of Sustainability, Climate, Equity and Resilience (OSCER). So very excited to have that added in and listed. ACTING CHR. INABA: Any discussion? Seeing none, all those in favor of amending Bill 83 with the contents of Communication 482.3, please say "aye." Vote on Motion The motion to amend Bill 83, as further amended, with the to Amend: contents of Comm. 482.3 was carried by the following (Approved) voice vote: Ayes: Committee Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Acting Chair Inaba — 9. Noes: None. Absent: None. Excused: None. Motion to Amend: Ms. Villegas moved to amend Bill 83, as amended, with the contents of Comm. 482.5. Seconded by Ms. Kierkiewicz. ACTING CHR. INABA: Council Member Villegas. Page 4 PCENRM-5 October S, 2025 MS. VILLEGAS: Thank you. And thank you, Co -Chair Galimba. I went ahead with this one first because this helps define the difference, so we'll pop back to that one. Thank you for pointing out in the prior hearing that some mistakes have been made and certain terms had been left out. And so this amendment adds in, clarifies, and identifies the difference between prepackaged food and prepared food. So as an example, Council Member Kierkiewicz, when you had the question about musubi, that would be considered a prepackaged food. However, if you go into a store and they're behind a case and they're all prepared foods, but you're ordering specific musubi, they would need to put it in a compostable container to give to you. That makes it prepared food, not prepackaged. We received some testimony and concerns from a really kind gentlemen who works for KTA and works with lots of local businesses, and this helps clarify, you'll see here in the last amendment, Section 5(a), it changes food package outside the limits of the County of Hawaii and just changes it to prepackaged foods. So every efforts been made here to make a very specific, you know, it's probably still clear as mud, but this is in fact following with the law in Oahu. So also, we had a testifier asking for kind of concern, that's the right word, but some consistency for single use disposable service ware throughout the state. So every effort has been made to do that by keeping this consistent with the bill that came from Oahu. Any questions? ACTING CHR. INABA: Alright. Vice Chair Onishi. MR. ONISHI: Thank you, Chair. I guess to the makers, have you folks looked at what the added costs to these vendors that's going to be put upon the consumers? MS. VILLEGAS: Yeah. There's been a lot of studies on that and what happens is essentially economies of scale; the price goes down when we as a county transition to utilizing all compostable or biodegradable. MR. ONISHI: Do you have any numbers for us right now? MS. VILLEGAS: I don't have any numbers for you, but I could bring them to you. Having my past life with Kona Brewing Company, we transitioned to BioWare way before it was kind of the industry norm. And with the fluctuating price of oil, it actually ended up being equitable in price. MR. ONISHI: Okay, okay. It's okay. I look forward to seeing that, what the cost is going to be added to the products. Also like you were saying, so if there is a deli that has hot items and you go there to choose like a one choice, two choice plate, they would have to have the compostable plates or containers. But if they package it, then they don't have to? Page 5 PCENRM-5 October 8,2025 MS. VILLEGAS: Yup. Chair, is it okay that I respond? ACTING CHR. INABA: Yeah, you can go ahead. MS. VILLEGAS: Okay. If you're at KTA and you go, because I go all the time, right, and I'm getting sushi and it's already premade, that is prepackaged. MR. ONISHI: Yeah, I understand. No. But this is like at the hot plate — MS. VILLEGAS: And the hot plate, if you have a prepackaged chili bowl and you just pick it off the shelf, that's prepackaged. If you order from the counter and they fill it for you, that's prepared food, and it has to be in a compostable. MR. ONISHI: But what would be the difference? MS. VILLEGAS: Transitioning away from single use plastics that end up in our landfill. MR. ONISHI: Okay. Because I know we had this discussion before when I was on the Council and like certain foods that is liquid, like soup base and so forth, to have it in a composable product, it's really hard sometimes. And I've seen it where I've ordered like a Mexican plate, right, and you have the salsa and everything. Then if say you pick it up, you go home maybe in like half an hour, 45 mins, the underneath of the container starts to absorb, right? And so now your meal, which had that sauce to make it more flavorful, now it's soaked into the container. So you kind of lose that, right? And so, I mean, like is said, the argument before on the Council, we talked about that, right, and I guess that's where they came up with like those plastic containers that they could use for those types of foods. So I don't know if it should be where everything should be in one certain product or there could be like certain options depending on the type of foods that you purchase. ACTING CHR. INABA: Okay. Any other? MR. ONISHI: No. I mean, just a thought. But maybe I can have your feedback? ACTING CHR. INABA: Council Member Villegas. MS. VILLEGAS: I guess the first thing that comes to mind is the future of our island, our landfill, and our health and wellbeing and health and safety. I'm okay with a soggy enchilada to go container in comparison to that. So that's where I'm headed with this. I also am confident with all of the different products being developed, especially all over the world they're using all kinds Page 6 PCENRM-5 October 8, 2025 of ingredients to make bioplastics or other materials that can be utilized safely and with much less harm. MR. ONISHI: I can see looking at those products, but we also need to know the cost. Like how much we would increase the cost for our local stores or vendors, right, to at least make sure that we're not putting them into a burden, right? MS. VILLEGAS: Thankfully most of our stores on the island have transitioned. And once again we have economies of scale, and it's interesting because the arguments that I've heard from people based on that premise of burden typically come from your bigger chain restaurants. Like Zippy's was the greatest opponent for the single use plastics legislation on Oahu and I'm going to bet that in their profit margins they could probably, I mean, when you're talking that big as a chain. So in my experience, most of —a lot of places have already transitioned. MR. ONISHI: Yeah. But I'm looking at the smaller ones. And then we've got to remember too, like this year, I just was talking to a food vendor yesterday. So next year minimum wages go up to like $15 or $16. And then two years later, it's going to go up to like $18. So with all this driven costs, we might start seeing businesses folding up. And so I don't want to have that part of where we're putting that burden because already getting from the state level side, this burden, right. And so I think we should be a little bit more friendlier or trying to at least help them out. ACTING CHR. INABA: Thank you. MR. ONISHI: But I yield. ACTING CHR. INABA: Alright. Council Member Kaneah'i-Meinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. I'm just wrapping my head around the two different terms. I think ultimately the importance of the definition of prepackaged food is that prepackaged food is exempt from the provisions of the bill, is that correct? To the maker. MS. VILLEGAS: Yes. MR. KANEALI`I-KLEINFELDER: Okay. So foods that fall under prepackaged food definition will not be applicable as far as being prohibited to have single use plastics in casing them. Is that right? MS. VILLEGAS: Yes. Page 7 FM`►t7,M October 8,2025 MR. KANEALI`I-KLEINFELDER: And then one more. To like give us, like I'm thinking 7-11 prepackaged fried rice bowl with the egg and the Portuguese sausage on top that you buy and then you microwave it. What would that be? MS. VILLEGAS: Prepackaged. MR. KANEALI`I-KLEINFELDER: And then prepared food would be things that are already made, even if they're made in Hawaii County or outside of the County, and it's prepackaged in a single use plastic container, that's prepared food? MS. VILLEGAS: No. Prepared food, let's say you walk into L&L, right, and you order a mixed plate. They're preparing the food and putting it in something for you to take with you or to eat in house, right? MR. KANEALI`I-KLEINFELDER: Okay. MS. VILLEGAS: Prepackaged means it's already there in a container and you just pick it up to go. So your bags of chips that are made here on island, your lilikoi butter comes in glass, but all of our local products. And that was definitely one of the reasons we wanted to make this very clear because in no way do we want to harm our local businesses and agricultural products that are now making cookies or dried bananas, or I mean, heck, even our coffee, right? So it eliminates those products. MR. KANEALI`I-KLEINFELDER: Okay. So let's use McDonald's as an example. I go to McDonald's, if I have the option to pick up a premade happy meal that was in a single use plastic or if I bought a happy meal and they put it in single use plastics, one is prepackaged and one is not. Is that right? MS. VILLEGAS: I think so. But I don't know anywhere you can walk in and grab a happy meal. MR. KANEALI`I-KLEINFELDER: No, you can't. I'm just trying to give a — I'm trying to wrap my head around this. MS. VILLEGAS: Okay. MR. KANEALI`I-KLEINFELDER: So as a restaurant, if I make food and I put it in a container after someone's ordered it, that is prepared food? MS. VILLEGAS: Yes. MR. KANEALI`I-KLEINFELDER: That would have to be in a compostable or a non -plastic container. Page 8 PCENRM-5 October 8,2025 MS. VILLEGAS: Yes, or reusable. MR. KANEALI`I-KLEINFELDER: Or a reusable container. Okay, thank you. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: I was going to just add a non -statistically significant anecdote. I'm sure many of you don't know. I think Council Member Kaneali`i- Kleinfelder does, but at one point I actually did run a catering business and at that time we did chose to use this type of compostable material. Two things I'll say is one, it was slightly higher. We were a small business; we didn't do a lot of orders, but it was slightly more than the plastic -based containers. But compared to like the cost of the food supplies it was minimal. It was a slight increase but compared to some of the other expenses of the business or the rent. The other thing I will say is that the compostable materials have come a really long way and I do recall like when we first started using them, gravy and sauces and stuff would kind of soak the bottom. But from now like you could throw soup in it, and it will last all day. So the technology in compostables has come a long way. So just sharing that as a personal story. Again, story of one, not necessarily significant statistically. Thanks. ACTING CHR. INABA: Okay. Thank you. We're on Communication 482.5; I just want to make sure that we're sticking to the amendment before us. Any other members before I go back to the maker? Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. To Section 20-05-02, the changing for any food provider or County facility using, distributing, selling, otherwise providing prepared food to the public in disposable foodware. What is the want for that change? To the maker. MS. VILLEGAS: Actually, this is a good prelude into what I was going to ask Clerk and Chair. I apologize. I also have amendment 482.8, which is essentially the same as the amendment we're on now, but it includes —we amended an amendment this morning. So I'm wondering, would it be best for me to withdraw the amendment that we're talking about now and then I'll introduce this? ACTING CHR. INABA: Yes. If you intend to have 482.8 instead. MS. VILLEGAS: Yes. ACTING CHR. INABA: Then you should withdraw this. Page 9 PCENRM-5 October 8, 2025 MS. VILLEGAS: Withdraw. Okay. All the sausage. So fun. MR. KANEALI`I-KLEINFELDER: I yield. MS. VILLEGAS: Sorry, Matt. Thank you. ACTING CHR. INABA: Are you withdrawing? Withdraw Motion Ms. Villegas withdrew her motion to amend Bill 83, as to Amend: amended, with the contents of Comm. 482.5. ACTING CHR. INABA: Noted. Thank you. Motion to Amend: Ms. Villegas moved to amend Bill 83, as amended, with the contents of Comm. 482.8. Seconded by Ms. Kierkiewicz. ACTING CHR. INABA: Council Member Villegas. MS. VILLEGAS: Council Member Kaneali`i-Kleinfelder, apologies. Going back to your question and wanted to address it after introducing this new amendment because it also now includes a business following with the standard set and the laws passed. In City and County of Honolulu, it's now you cannot sell or distribute or provide disposable foodware or disposable serviceware. And so what we wanted to do is make sure that we included the term business here so the same becomes effective here on the Big Island. So not only are we not using it County things and our food providers have limitations and boundaries and perimeters on what they can use but also, we don't really want this being sold here as an option. And once again, then you obtain economies of scale and so that's where that —and the providers instead being changed to provider is just getting rid of, it was grammatical. ACTING CHR. INABA: Alright. Council Member Kaneali`i-Meinfelder. MR. KANEALI`I-KLEINFELDER: Thank you for the clarity. Yeah, I think I read this amendment as well as the other. I was trying to wrap my head around what that meant and I am clear. Thank you. MS. VILLEGAS: Great. ACTING CHR. INABA: Vice Chair Onishi. MR. ONISHI: Thank you, Chair. To the authors again. Okay, so you guys talk about, I guess, what is that, you're comparing Oahu and what they passed, right? But in theirs that they passed, they don't require any like the CMA (Compost Manufacturing Alliance) or BPI (Bureau of Product Information) Page 10 PCENRM-5 October 8,2025 requirements; theirs is kind of open. So with this 20-05-02, if say someone is going to get like a soda or a drink at a fountain using these cups, they would have to follow or be required to have the cups as a CMA or BPI. Is that correct? MS. VILLEGAS: If it's plastic or compostable. The intention of adding this information is we worked very closely with people who have tracked what happened in Oahu and have identified the loopholes that were predated upon and manipulated by the plastics industry by just making things thicker or changing consistency or just saying it's reusable if it can be used more than once. And so by including these specific definitions, these are industry standards and norms for compostables and biodegradable serviceware. MR. ONISHI: Why I say that is that because certain businesses that have to follow Oahu requirements. Now when it comes to the Big Island, it's going to be more restricted. So now they're going to have two different products. MS. VILLEGAS: Actually, Oahu has worked to amend their legislation and closing loopholes. MR. ONISHI: Yeah. But right now what I'm just saying, but they don't have this requirement. So the thing is, so I'm saying again, the businesses, they're going to have to have two different products. And so I don't know if that could hurt the people of this island because they could maybe decide that they're not going to service the Big Island. I mean, I'm not saying they are, but they could. So but that could be something where if we could be consistent with what Maui and Oahu has then I would think it would be better for some of the businesses to do business statewide. I yield. ACTING CHR. INABA: Thank you. I'm going to go over to Council Member Kagiwada. MS. KAGIWADA: Thank you. Just speaking to what Council Member Onishi is bringing up, I mean, we're evolving, we're learning, we're trying to do better, and somebody's got to be first to push this along. Oahu was first with their bill but there were some issues with it. We're trying to make a bill that, you know, takes into account some of the ways that bill didn't quite meet its goals and we're trying to make this one a little bit better. And it may be true that there might be slightly higher standards here, but they don't have to do two different systems. They can transition over to the higher standards and be ready when Oahu will probably follow us with this language anyway. So I don't think we always have to wait for Oahu to do something before we do something. We've seen that in other places where we've come out first and we've been able to push the whole state to kind of follow, and I think that's okay. Sometimes it's easier to try things on a smaller island first anyway. So I don't really see that argument. I think we're going in the right direction, and we need to do what we Page 11 PCENRM-5 October 8,2025 can to improve and learn from things that Oahu did that maybe didn't work out so well. So I'll just leave it at that. I yield. ACTING CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. Grateful for the exemption on the prepackaged foods. I know this is a challenge for sure. You know, the Waimea area and across the Kohala region; we have a lot of food producers, agriculturalists, and they're distributing tomatoes and cucumbers. I mean, cucumbers are the scale of one percent of the nation's total cucumber production. So there is still that need for some of that exemption to help these businesses that distribute island -wide and nationwide. So I'll just leave that there. Thank you. ACTING CHR. INABA: Alright. Anyone else? Council Member Merkiewicz. MS. KIERKIEWICZ: Thank you. I just want to voice my support for this particular amendment. I appreciate the explicit definition for prepackaged foods. I know that a lot of Council Member Hustace was talking about farmers, but a lot of folks who are just creating products here. I think about the Nom Noms and the arare, and they come in plastic packaging right now and we don't want to penalize some of our smaller businesses and entrepreneurs. And then I was just thinking about, you know, the prepared food discussion that we're having with Council Member Kaneali`i-Meinfelder. I ate out a lot over the last few weeks, and I think about McDonald's and Taco Bell and Kalbi Express, and Panda's, all of these places have transitioned. I cannot think of a single item that was plastic or Styrofoam. Everybody is putting things in compostable containers, even the small food trucks when we go to Hilo Town Market. People are there. And I think this is just to make sure that we're catching everybody else that hasn't caught up to where everybody else is at. So I appreciate this. I think it sends a strong message sends a strong message about we care about our natural resources and our `aina. And considering that a lot of this stuff just sits in our landfill anyway, I would like for it to degrade at some point. So, in full support. Thank you. ACTING CHR. INABA: Vice Chair Onishi. MR. ONISHI: Thank you, Chair. Just a comment about how transitioning. Yes. I mean, it's good. But as a business, usually a bigger business, you're going to order a lot of inventory, okay, because you've got to prepare because you never know if the ship might not be coming in. And by air it costs so much. So they bring in tonnage of inventory, right. And so to say that, you know, it's not going to really affect them tome is not true. Okay. But I'm just saying that to say that it's not going to affect them, I'm saying it. I'm saying it. To say it's Page 12 PCENRM-5 October 8, 2025 not going to affect them, that's not true. We need to really look at the whole picture. Like for example, when we had plastic bags, right. It was cheaper to bring in plastic bags then bringing in paper bags. Then the ban came in where we banned the plastic bags, right? So now, paper bags had to come back, which is heavier. weight. So it affects the businesses when they have to do that. So I'm just saying that. I yield. ACTING CHR. INABA: Thank you. Any other discussion on this specific amendment. Let's do a roll call vote please, Mr. Clerk. Vote on Motion The motion to amend Bill 83, as further to Amend: amended, with the contents of Comm. 482.8 was carried by (Approved) the following roll call vote: Ayes: Committee Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Villegas, and Acting Chair Inaba — 7. Noes: Committee Member Onishi — 1. Absent: Committee Member Kierkiewicz — 1. Excused: None. ACTING CHR. INABA: Thank you. Council Member Villegas, anything else. MS. VILLEGAS: I just have one more amendment and then I know that two other Council Members, thank you for enduring my long litany of amendments. Motion to Amend: Ms. Villegas moved to amend Bill 83, as amended, with the contents of Comm. 482.9. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Villegas. MS. VILLEGAS: Yes. In this amendment we are fixing something that shouldn't have been included in the original version, which was including an option for a customer to request plastic serviceware, disposable serviceware, or get it within a designated self-service area. So we want to remove that option because if we're transitioning to biodegradables and compostables it doesn't make sense to then provide plastic if you just pick it up over there. So it's just an overall transition. Once again, keeping it simpler so that all vendors can transition, thus with the economies of scale bringing prices down and whether or not a business orders their own product directly to them or they go through a wholesaler or distributor, still with economies of scale, the price comes down as larger orders are placed. So with that I yield, and that's the explanation if anyone has questions. Page 13 PCENRM-5 October 8, 2025 ACTING CHR. INABA: Council Member Kaneali`i-Kleinfelder, nothing? Alright. Any further discussion on this amendment? We're on Communication 482.9. All those in favor of amending, please say "aye." Vote on Motion The motion to amend Bill 83, as further amended, with the to Amend: contents of Comm. 482.9 was carried by the following (Approved) voice vote: Ayes: Committee Members Galimba, Hustace, Kagiwada, Kdneah'i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Acting Chair Inaba — 9. Noes: None. Absent: None. Excused: None. ACTING CHR. INABA: That was the end of your amendments, correct, Council Member Villegas? Numerically, we'll go to Council Member Galimba. MS. GALIMBA: So her Communication 482.8, encompassed the Communication 482.4. So that's all good. Thanks. ACTING CHR. INABA: Thank you. I believe Council Member Kagiwada then. Motion to Amend: Ms. Kagiwada moved to amend Bill 83, as amended, with the contents of Comm. 482.6. Seconded by Ms. Villegas. ACTING CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Just trying to provide a good definition of reusable so we can avoid those loopholes that we have been discussing. This is a collaborative, I think, solution that we came up with working with a lot of folks in the industries; people that have been, you know, dealing with trying to reduce plastics for a long time as well as the folks that are working on the Hilo reusable foodware project to make sure that we were doing as much as we can to really tighten up this definition. So I'm going to just quickly read it because I think all the words are very important and I want everybody to hear them. So reusable refers to foodware or serviceware that is repeatedly returned to the food service provider or to a reuse service provider for reuse and is explicitly designed and marketed to be used multiple times for the same product or for another foodware use in a supply chain without undergoing change in forum, designed for durability to function in its original condition to ensure the foodware can be conveniently and safely reused for multiple cycles, part of an established system to be repeatedly recovered, inspected, cleaned, and reissued Page 14 r4441 7uS October 8, 2025 into the supply chain for the reuse of multiple cycles and not constructed of polystyrene or plastic for the base of the container that is in primary contact with food or drink. So that's the first part. And then there's one change to Section 20-05-02, well actually there's a couple changes, but I think one has already been taken care of in a previous amendment. So the main thing is that we include in here that if you're providing food to the public, you shall do so in disposable foodware or with disposable serviceware that is CMA certified or visibly labeled as compostable with the BPI certification mark or foodware or serviceware that is reusable, as defined earlier. So that's mainly it. And once again, this is an attempt to close those loopholes that were discovered when Oahu and Maui passed their ordinances. I do also want to say that this is really good because it provides businesses with a choice in addition and that it's better for some of those things potentially for those like hot things or like fatty things that may really need a little more support. I think we had the discussion yesterday about the stainless -steel containers that were planning use for the Hilo area. And the hope is that this reusable foodware project in Hilo really will go island -wide soon. That is the hope and intent of the people that will be providing the service. So I think hopefully we can make that happen. And that's about it. I'm happy to take any questions on this one. ACTING CHR. INABA: Thank you, Council Member Kagiwada. Any discussion on this amendment. Council Member Villegas and then Council Member Kaneali`i-Kleinfelder. MS. VILLEGAS: Sure. I just want to thank Council Member Kagiwada and the people that you worked with to do this bigger lift to identify and to come up with that definition because it needs to be very detailed in order to avoid those loopholes. Yeah. Just grateful that we can move forward and benefit both causes because they're all connected. But it can just uplift our County so much as we continue to be leaders in adoption of environmentally sound practices. I yield. ACTING CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Just to the Clerk. We adjusted Communication 482.8; thank you, Council Member Kierkiewicz, which adjusted Section 20-05-02. This amendment amends the same section and adds in language that isn't there. So how do we want to move forward with this. MR. BROWN: We have our Operations Manager Jacob Perry here, and he's kind of worked real intimately with drafting a lot of the language. So if you Page 15 IZTi qMMI October 8, 2025 don't mind, Chair, I'm going to ask him to come up, and he can kind of talk about some of the language over lap and how that would work. MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Mr. Perry. (Note: At this time, Legislative Research Operations Manager Jacob Perry came forward to address the members of the Committee) MR. PERRY: Thank you. Jacob Perry, Legislative Research Branch, Office of the County Clerk. So because those two amendments, they overlap but they don't have conflicting language. If they both get adopted, then the new draft would incorporate the language of both amendments. MR. KANEALI`I-KLEINFELDER: Okay. And then can we expect this for future legislation as well, where there's no conflicting language and we have multiple amendments on the floor that amend the same section of code? MR. PERRY: Yes. There will be some circumstances in which they are conflicting, but in this case — MR. KANEALI`I-KLEINFELDER: They are not. MR. PERRY: Yeah. MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Mr. Perry. Thank you, Mr. Clerk. I yield. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Yeah, quick question to the maker. And this relates to the conversation that we had yesterday with Zero Waste Hawaii Island and the plans for the work with the Perpetual organization and then any contractors that they would, you know, work with in the future to engage in this whole reusable program. In the last clause here, (d), there's the limitation against plastic for the base of the container, which I understand the intent behind and why that's in there, but is that going to have any potential impact on that program? Because obviously they intend to go with the stainless steel, but from what I remember a little bit yesterday, it ultimately becomes the vendor that makes the decision. Is this going to now apply to that vendor, is my question? MS. KAGIWADA: Chair, if I may? ACTING CHR. INABA: Please go ahead. Page 16 PCENRM-5 October 8, 2025 MS. KAGIWADA: Thank you. Yes. So I think maybe you were out of the room when we had a testimony from Perpetual today. But one of the things that she focused on, a couple things, is that our Department of Environmental Management (DEM) Director actually has oversight and final say over what materials do get used by whichever vendor. So there's that. And then, I think yesterday it was discussed a bit, but I think the vendors understand that our community definitely prefers not using plastic. And so I think they're already understanding that that's something for this community is the way to go. So I think that there's that understanding and there's no kind of intention that things may switch to plastic or something like that. I think it's kind of understood by everybody that this is the way we want to go. If better things are developed in the future, hopefully they won't be plastic, and this is still good. But if things radically change and we need to do something, we have to change the law. We can't just go ahead and make those changes without changing the law. And I think that it's okay to make that bar a little higher if there were any. MS. KIMBALL: Thank you. I yield. ACTING CHR. INABA: Thank you. Vice Chair Onishi. MR. ONISHI: Thank you, Chair. Just for the record, I cannot support this amendment of Section 20-05-02, about having the certified stamps of CMA and BPI. Thank you. ACTING CHR. INABA: Thank you. MS. KAGIWADA: Chair, if I may? ACTING CHR. INABA: Yes, go ahead. MS. KAGIWADA: I'm not changing anything. That's already in the bill. That is not part of the amendment. The only thing the amendment does is change by adding or foodware or serviceware that is reusable. Okay. But that's not in the amendment, just so you know. Okay. ACTING CHR. INABA: Alright. Any other discussion on this amendment? Seeing none, all those in favor of amending Bill 83, sorry, roll call please. Page 17 PCENRM-5 Vote on Motion to Amend: (Approved) Motion to Amend: October 9, 2025 The motion to amend Bill 83, as further amended, with the contents of Comm. 482.6 was carried by the following roll call vote: Ayes: Committee Members Galimba, Hustace, Kagiwada, Kaneali`i-Meinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba — 8. Noes: Committee Member Onishi — 1. Absent: None. Excused: None. ACTING CHR. INABA: Alright. Are there any other amendments? MS. KIMBALL: Yes. ACTING CHR. INABA: Council Member Kimball, sorry. MS. KIMBALL: No worries. Ms. Kimball moved to amend Bill 83, as amended, with the contents of Comm. 482.7. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Yeah. As mentioned in our previous hearing on this, I wanted to offer a friendly amendment, which would include folks that are hosting events using, initially I had said CRF (Contingency Relief Funds) funds, that they would fall under this provision. But Council Member Hustace recommended I extend that out to all County grant funded activities. So here you have before you such amendment to include folks under that provision. Thank you. ACTING CHR. INABA: Thank you. Discussion on the amendment for Communication 482.7? Council Member Villegas. MS. VILLEGAS: Yup. Just in complete support. Also as was the case in two of the amendments that Mr. Kaneali`i-Kleinfelder, there is overlap between this communication and Communication 482.9, but because there is nothing opposing, they'll just be morphed into one for the final version. I yield. ACTING CHR. INABA: Any further discussion? Seeing none, all those in favor of amending Bill 83, as amended, with the contents of Communication 482.7, please say "aye." Page 18 Vote on Motion to Amend: (Approved) October 8, 2025 The motion to amend Bill 83, as further amended, with the contents of Comm. 482.7 was carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Kagiwada, Kaneah'i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Acting Chair Inaba — 9. Noes: None. Absent: None. Excused: None. ACTING CHR. INABA: I think that brings us to the end of our amendments. So we're back to the main motion, which I believe we would be looking to postpone this item or moving forward? Okay. Discussion then before the vote? Council Member Hustace. MR. HUSTACE: Thank you, Chair. I appreciate for one, all the amendments and kind of streamlining this process and listening to different constituents and members' feedback. I do want to make a request that I don't know whether it would be as part of this discussion with this bill going forward, that we have a concerted conversation DEM in terms of timeline and funding and impact for compostables for our landfill purposes and how —we've had a brief conversation with our Recycling Specialist Mr. (Alex) White last time. But I think we still need to kind of flush this conversation out about impacts to the landfill and movement towards industrial composting, and what that really looks like, the cost that we need to have a County, whether we can really invest in smaller scale systems if that is something we can do. That would be fantastic to have that conversation in regional facilities or what that looks like, I'm not sure. But it'd be worth having that conversation to really push on this diversion of Solid Waste to our single landfill. And maybe there's another end product that we can come out of it. So just interested in having that conversation as a part of this whole means of extending the life of our landfill and finding policies to divert solid waste in that stream. Thank you. ACTING CHR. INABA: Thank you. Council Member Villegas. MS. VILLEGAS: Yeah. Thank you, Council Member Hustace. It was brought to my attention by Corporation Counsel that part of the requirements on this legislation, and we wanted to get through these amendments to get to the next, you know, more complete draft. And then we are required to submit it to the Environmental Management Commission and the Department of Environmental Management, and they then have 45 days to provide comments. But I take what you're asking for seriously and that's something that we can at next reading have DEM here, as well as Laura Acasio from OSCER. I've been working Page 19 KNO :iu&i October 8,2025 closely with her on some of the visioning for that support with DEM and moving forward with the educational component. And as stated in the bill, it would go into effect one year after its passage. So there's time, there's a window for that. Yeah. So I want to honor those requests and answers because I don't think in the last meeting, we were able to give equitable recognition to the amount of composting that is happening on our island. Places like Ma`ona Farms and what she's doing there is making a massive difference. So there are a lot of different communities. I know from brew fest in the years we've used compostables and biodegradables, they shredded them and they became soil. So there's a lot of little microeconomies and communities that are putting a lot of time and effort into ensuring circular economy. But I think it would be good. Believe me, I've gone from massive amounts of paper and facts and done all the math for the this and the that and the other, but I'm trying to keep things simple because it's already such a complex issue. But I will make a request for representatives of those departments to be here next time to answer specific questions that you might have. ACTING CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. And yes, I also spoke with Alex White from DEM and really find that idea of more localized composting that he talked about quite interesting, and just wanted to note that we're actually having a zero waste conversions event out in Ka`n as we speak, it's starting. The high school out there along with Justin Canella Scott, a large grant from EPA (Environmental Protection Agency) and so they've been doing a lot of sorts of cutting -edge work around waste reduction, and they actually got an in -vessel composter. So it's relatively small unit that composts rapidly. And so that is something that is I think quite price effective and gets the job done in a way that is, you know, easy for people, and doesn't' involve a lot of heavy machinery, big facilities; it doesn't involve moving a compost from one part of the island to the other. So I think there's a lot of potential around doing things in a very effective and an environmental way that we can then move towards this. We develop the product stream with this compostable ware. So yeah, just wanted to bring that up and speak to your concerns. ACTING CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Yeah. I appreciate the bill being brought forward. This is a move in the right direction in my eyes for a number of reasons. To Mr. Hustace's point, a landfill diversion I think should be high on the list of any of our current administration and any future administration given what we know.about our landfill fill rate. So diverting plastics from it is a huge step in the right direction. It's not just so good for our keiki but good for the Page 20 PCENRM-5 October 8, 2025 longevity of our landfill as it is today. There has been an ongoing discussion with HER (Hawai`i Environmental Restoration) regarding a compostable facility that has been in process for decades that does not exist, and that could give some prioritization, which may fit nicely into this conversation with DEM. As far as the business impact, Ms. Kierkiewicz really highlighted my feelings and thank you for saying that. When you go to Panda's, it comes in a paper container now. Our own business, we've switched years ago, we switched to using compostable ware for the majority of our goods, both cups for drinks and food containers. And I think a lot of businesses have done the same and so the business impacts, while there may be an impact, I think it will be minimal at this point for small businesses to take these steps that we're looking to incentivize. Lastly, to the makers, listening to the different folks who testified, Hawaii Restaurant Association, Mr. Kurisu from KTA, and just myself as a business person, within this bill and looking for ways to incentivize businesses for taking these steps might be a nice complimentary piece in not just saying you can't do this anymore, you must do this to, you can't do this but we are willing to do this and this for you. That's always a nice blend. And I don't have anything for you right now, but I'll think on it. But I like incentivization towards being better for the future. That's amazing. On the other hand is how do you incentivize businesses to take up these practices and be more open to walking in that door because we all know it's good, but there is a cost. So trying to find a balance to the two perspectives and maybe incentivizing somewhere within this bill, businesses that do take that transition and highlighting them somehow. So just offering that to the makers. But overall, in support. Thank you. ACTING CHR. INABA: Council Member Hustace. MR. HUSTACE: Thanks, Chair. I just wanted to mention the thought on the industrial composting and that pursuit for that. If we can find those smaller scale regional facilities, I think that could be, you know, a better goal. Just want to, you know, in those conversations, we just want to caution any sort of contract we lock ourselves into. If we have a singular facility, we don't lock ourselves in. We are constrained with our green waste in that side. We kick out a lot, about a half a million in penalties on an annual basis because we're not hitting that threshold that we need to. So if we can really pursue more of those smaller scale regional facilities, that has more flexibility in what we can supply in terms of material or the end product. And that's also something we also need to consider in that conversation. Thank you. Thanks, Chair. ACTING CHR. INABA: Council Member Kagiwada. And I just wanted to take the opportunity to mention that we do have Administrator Acasio joining us in Zoom should anyone have question for OSCER. Go ahead, Council Member Kagiwada. Page 21 PCENRM-5 October 8, 2025 MS. KAGIWADA: Thank you, Chair. I just wanted to express my appreciation for Council Member Kaneali`i-Kleinfelder bringing the small business perspective to this discussion. And I don't know if you caught it yesterday in the discussion with the reusable foodware folks, but they are trying to figure out ways to incentivize businesses to try out the reusable foodware. So that is one place that it's already being looked at. But I agree, incentives can help people make that initial shift and then realize that it isn't that hard. So thank you. I appreciate your comments. I yield. ACTING CHR. INABA: Alright. Any other discussions? Okay. I have some questions then. First of all, starting in the bill, Section 20-05-02, which was amended today. I'm just wondering, to the makers, if you guys can please review the language. It states that any food provider or County, now this is language I'm reading after Communication 482.6 was passed. So it says, any food provider or County facility user selling, distributing, or otherwise providing food to the public shall do so using disposable foodware or with disposable serviceware that is CMA certified or visibly labeled, and it goes on. It might be the way I'm reading it, so maybe the group can chime in but I'm wondering if we can maybe get rid of the word disposable and the word with? So it would just say that they shall do so using foodware or serviceware that is CMA certified because it seems to kind of cut and it could imply that this BPI certification mark only applies to the disposable serviceware, not to the disposable foodware. So I think just to be very clear, we can again, just get rid of the word disposable before foodware, the word with and the word disposable before serviceware. So that's just my one piece of feedback there. And then in terms of the transmittal of this bill to the Environmental Management Commission (EMC) and to the Department of Environmental Management, timing wise, so we're at draft one right now. Draft 2 is going to be created after today. And the EMC meets next on October 22"a. So I know it's going to take our office a little bit of time to come up with Draft 2, and I'm just wondering, I'm in complete support of the bill, but would we want to hold it in committee just so that if there are significant feedback provided by either the department or the Environmental Management Commission when they give it back to us in 45 days once we transmit our letter, we have it here and we can make any further amendments rather than moving it to first or second reading and we're going to be at full Council trying to be in the nitty gritty of amendments. That's my only concern here with timing. So maybe Corporation Counsel, I know you pointed out this requirement from the Code. I just don't want us to get stuck later in Council if there are significant recommendations from the commission. (Note: At this time, Corporation Counsel Renee Schoen came forward to address the members of the Committee.) Page 22 PCENRM-5 October 8,2025 MS. SCHOEN: Yeah. Renee Schoen, Corporation Counsel. So, you know, as Council Member Villegas mentioned, Section 2-207, requires the Council to send this matter to the EMC and the Director. They have 45 days to act. So one of my concerns is that their next meeting is October 22°d, at which time they will receive Draft 2, they would probably want to discuss it and then come up with some sort of draft and letter and that would probably not happen until the following meeting, which would be November 26. So I guess just trying to figure out the timing of this body. Basically they have to act within 45 days of receipt. And last time we went through this a few years ago, it did take some time because the EMC did receive a lot of public testimony. You know, so just throwing that out there to you folks. ACTING CHR. INABA: Just wanted to share that with the group and kind of get your folks thoughts on how it works in terms of the timeline and the development of Draft 2, then the transmittal, and 45 days to act, and where we want it to be when we get that recommendation back from the Director and the Environmental Management Commission. I just found out about this requirement now. Sorry, Council Member Villegas. So Council Member Kimball, you want to start us off? MS. KIMBALL: Yeah. My recommendation would be that this body entertain a motion to forward this to the Environmental Management Commission as our next step, not moving it out of this committee. I'm pretty loose on the interpretation of to act within 45 days. I think if it would please the Environmental Management Commission, a letter to us saying that they needed additional time would be sufficient to have acted within 45 days. So I don't see any need for us to postpone the next meeting of this Committee to meet their timeline. I think that would be sufficient. ACTING CHR. INABA: Council Member Villegas. MS. VILLEGAS: Yeah. You know, full disclosure I have concerns about more delays because I anticipate big oil, big plastic, you know, if they're becoming more. I also feel fairly confident that what we get back from the EMC and DEM is going to be supported. But I am working on staying in flow and being flexible. So I'm okay with keeping it here in committee, sending it to the Environmental Management Commission and then we'll have Draft 2 ready to go. We'll fix that last thing in our next committee meeting and then we can move forward. And maybe it will be like a Christmas present. ACTING CHR. INABA: Perfect. So perhaps we can first entertain a motion to forward Bill 83 to the Director of Environmental Management and the Environmental Management Commission. Page 23 PCENRM-5 October S, 2025 Motion to Refer: Ms. Villegas moved to forward Bill 83, as amended to Draft 2, to the Environmental Management Director and Environmental Management Commission. Seconded by Ms. Galimba. ACTING CHR. INABA: Discussion? MS. KIMBALL: One clarifying point because I'm thinking about the bike bill legislation that we've done before. It is the maker of the bill that writes the memo to forward to the commission and to the director. But in this case, you are both the Chair and the maker, but just to clarify that that is where it should come from. ACTING CHR. INABA: Okay. Thank you for that clarification. So there is a motion and that is to forward Bill 83, Draft 2, to the Environmental Management Commission and the Director of Environmental Management. All those in favor. please say "aye." Vote on Motion The motion to refer Bill 83, as amended to Draft 2, to the To Refer: Environmental Management Director and the (Approved) Environmental Management Commission was carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Kagiwada, Kaneah'i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Acting Chair Inaba — 9. Noes: None. Absent: None. Excused: None. Vote on Motion Ms. Villegas moved to postpone Bill 83, as amended to to Postpone: Draft 2, to October 21, 2025. Seconded by Ms. (Approved) Kierkiewicz and carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Acting Chair Inaba — 9. Noes: None. Absent: None. Excused: None. ACTING CHR. INABA: Thank you all for your collaboration. This brings us to the end of our agenda. This bill is postponed. Page 24 PCENRM-5 October 8, 2025 ADJOURN- There being no further business, Acting Chair Inaba adjourned the meeting at MENT: 12:18 p.m. Approved: Ms. Rebecca illegas, Chair Policy Committee on Environmental and Natural Resource Management RV/tk (Date) Page 25