HomeMy WebLinkAboutCOM 0482.341 2024-2026COUNT Y CLEW(
COUNTY OF Hh11VAi;
2025 DEC -2 AM 10: 16
Recycle Hawaii
Testimony IN SUPPORT of Bill 83, Draft 2
Aloha Chair Inaba and Distinguished Members of the Hawai'i County Council,
In addition to the testimonies Recycle Hawaii has submitted regarding this issue in the past, we take
this opportunity to focus solely on remarks made by the Department of Environmental Management in
its memo to the council dated November 28, which serves as an easy to comprehend and even easier
to refute compilation of every possible excuse that could be made for failing to support Bill 83.
To that end, we begin with the assertion that the bill will require "a significant enhancement to
departmental capacity." This statement's intended meaning, that DEM will have to hire additional staff to
fulfill its obligations under the bill, is utterly false. Since the department was first created, it has routinely
contracted nonprofit organizations and private businesses to provide the services needed as new
county and state legislation is passed. These contracted services, which have been and continue to be
provided at greatly reduced cost to the county, include public education, outreach and even
management of new programs involving a wide variety of waste streams, some of which, like used
motor oil, are deemed hazardous by the department of health. The RFPs Recycle Hawaii bid on
regularly included boiler plate language which DEM could revive for this purpose. With few edits,
issuance of a new solicitation for Bill 83 would be a relatively easy process. Of course these contracts
will have to be funded, and we stand ready to support efforts that will include line items for them in
future budgets. In the meantime, council members can award discretionary funds to nonprofits eager to
assist with education efforts and county Waiwai grant funds can be similarly appropriated.
What is completely ignored in DEM's analysis is the huge, cost-free assist the new ordinance will get
from vendors who sell compostable food ware. Once Bill 83 passes, these private sector interests will,
immediately, of their own accord and at their own expense, reach out to every last business impacted
by the bill to inform them about its provisions in an attempt to garner sales. Instead of inventing
excuses, DEM could be strategizing on ways to collaborate with both nonprofits and the private sector
to effectuate the tasks needed to make the ordinance a success.
Next, we move on to the assertion that until the county develops commercial composting capacity all
food ware items that meet the bill's requirements will go to landfill. This too is false. Across the wide
varietyof materials that meet the bill's requirements, there is but a single class of items, specifically
those made from PLA bioplastics, that require special treatment. Every other class of compostable
materials —including plates made from leaves, food contaminated paper, chopsticks, wooden utensils,
and straws, cutlery, and cups made from PHA and PHB (which together constitute a greater percentage
of this particular waste stream than PLA bioplastics)—can be readily composted either in backyards or
low tech community based operations that already exist. Problematic bioplastics can be easily sorted
from this waste stream and taken to landfill over an interim period as in -vessel units are brought on line.
These in -vessel composting units, which are commercially available in a variety of sizes and readily
deployed, process PLA bioplastics overnight.
Declaring that the entire stream of materials will go to landfill because a single component of it requires
capacity the county is remiss in providing is pure deceit. This assertion intentionally ignores the role the
informal waste sector currently plays in diverting these materials and is based on the irresponsible and
unjustifiable position DEM takes with regards to compostables—that the only plausible strategy for
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managing them is one that mimics a hand off in a relay race. The fact that some volume of
compostable materials will go to landfill during an interim period as composting capacity builds does not
condemn all compostables to this fate for eternity. This assertion also ignores the trend away from PLA
bioplastics towards items made with PHA, PHB and alginate which are already in use throughout
Hawaii and are readily composted in backyard and other low tech settings.
As for DEM's obligation to assist businesses, the department's assertion that it needs more than a year
to convene an advisory group, when it previously convened one for similar legislation in a matter of
months, is illogical.
What we find most disturbing within this compilation of illogical excuses is DEM's call for the allowance of
plastic reusables in an ordinance specifically designed to reduce plastic pollution. This statement exposes
a lack of understanding, or worse yet a lack of caring, about the impacts of micro and nanoplastic
pollution (MNP) and how it is generated. Each time a plastic container is washed, it generates MNP that is
sent first into local watersheds and then on to near shore waters. We find the claim that "nearly all
successful reuse operations in the U.S. and Europe utilize plastic containers" unconvincing for two
reasons. The first being the use of the word"nearly" when referring to the minuscule number of reuse
operations in existence, and the second being the logic that could just as easily apply to the assertion that
since all the successful U.S. presidents have been men, no women should ever run for that office.
Finally, concerning enforcement, we assert that a shift away from plastic food ware items will require no
more actual enforcement than the transition away from plastic shopping bags and polystyrene takeout
containers has required. Has DEM ever had to fine a single retail establishment for failing to abide by
these ordinances? Within the bounded retail environment known as Hawaii Island, noncompliance is
readily observed and easily called out. An anonymous tip line set up to report noncomplying businesses
to DEM that is attended by a chatbot and uses At to issue a warning to the owners is likely all that's
needed to bring what will undoubtedly be a small fraction of recalcitrant businesses into compliance.
Despite its imperfections, Bill 83 lays the foundation for Hawaii Island's sustainable future in two critical
ways. The first is by moving us away from unnecessary plastic usage; the second is by generating a
volume of compostable materials significant enough to compel the establishment of the capacity we
need to turn organic waste into high value agricultural inputs.
At the start of this testimony, I alluded to the intended meaning of DEM's claim that the bill would
require "a significant enhancement to departmental capacity." In closing, I suggest an alternative
interpretation that would render it utterly truthful. The significant enhancement of DEM capacity required
to make Bill 83 both meaningful and successful is a shift in the department's attitude towards the
opportunity it presents. Each and every effort we make to reduce the production and consumption of
plastic is a gift to ourselves and future generations. Don't let DEM's failure to realize this cloud your
judgment. Stand firm. Imua.
Kristine Kubat
Executive Director
Recycle Hawaii
INi