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HB1948
HOUSE OF REPRESENTATIVES
H.B. NO.
1948
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO SINGLE-USE PLASTICS
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that single-use
plastics are goods made from fossil fuel-based petrochemicals that are intended
to be disposed of shortly after use.
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Single-use plastics are an example of a "throwaway culture"
that prioritizes convenience over durability and sustainability.
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Globally, approximately three hundred million
tons of plastic are produced each year, even though less than ten per cent of
plastics ever produced have been recycled.
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Instead, discarded plastics wind up in landfills, incinerators, and the
environment, ultimately breaking apart into tiny toxic pieces called
microplastics that contaminate water, food, and even the air.
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Plastic pollution is a major threat to the
oceans, the environment, and human health.
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Furthermore, according to a 2021 report from Beyond Plastics, the
plastic industry is on track to overtake coal as a source of atmospheric
greenhouse gas emissions.
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The legislature further finds that
hotels and other lodging establishments frequently provide complimentary
toiletries that are packaged in single-use plastic containers.
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This is not consistent with the Hawaii tourism
authority's strategic plan, which cites the goals of promoting sustainable
tourism, preserving natural resources, and advocating for responsible tourism
in Hawaii that minimizes negative environmental impacts.
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Some hotels have already transitioned away
from single-use plastics and instead provide bulk dispensers for personal-care
products or complimentary toiletries in packaging made of sustainable
materials.
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Therefore, the legislature
finds that there is an opportunity to reduce harmful plastic waste in Hawaii
while also making the visitor industry more sustainable.
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The legislature also finds that California
and New York have already passed laws to do this.
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Accordingly, the purpose of this Act
is to prohibit lodging establishments in the State from providing small plastic
containers of personal care products to any person staying in a sleeping room
accommodation, in any space within the sleeping room accommodation, or in any
bathroom used by the public or guests.
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SECTION 2.
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Chapter 342H, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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�342H-
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Personal
care products; small plastic containers; lodging establishments; prohibited.
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(a)
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Beginning on:
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(1)
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January 1, 2027,
for lodging establishments with more than fifty sleeping room accommodations;
and
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(
2)
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January 1, 2029, for lodging establishments
with fifty or fewer sleeping room accommodations,
no
lodging establishment shall provide a small plastic container containing a
personal care product to any person staying in a sleeping room accommodation,
in any space within the sleeping room accommodation, or in any bathroom used by
the public or guests.
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(b)
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A
lodging establishment may:
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(1)
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Use bulk
dispensers
of personal care products; and
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(
2)
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Provide personal care products packaged in
containers made from non-plastic materials to a person, upon request, at a
place other than:
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(A)
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A
sleeping room accommodation;
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(B)
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A space within the sleeping room
accommodation; or
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(C)
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Within any bathroom used by the public or
guests.
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(c)
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The department may inspect the sleeping room accommodations and any
bathroom used by the public or guests in each lodging establishment and shall
issue a citation for any violation of subsection (a).
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Notwithstanding section 342H-9, any lodging
establishment that violates subsection (a) shall be subject to a civil penalty
of $500 for the first violation and $2,000 for a second or subsequent
violation.
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Each day of continued
violation under this section shall constitute a separate and distinct offense for
which the lodging establishment may be penalized.
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For purposes of this subsection, the attorney
general may bring an action in the circuit environmental court to impose a
civil penalty pursuant to this subsection.
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(d)
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Nothing in this section shall prohibit a county from enacting ordinances
more stringent than this section
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(e)
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The department may adopt rules pursuant to chapter 91 to implement this
section.
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(f)
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As
used in this section:
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"Lodging establishment" means an
establishment that contains one or more sleeping room accommodations that are
rented or otherwise provided to the public, including a hotel, condominium
hotel, motel, resort, bed-and-breakfast home, transient vacation rental,
transient accommodation, or hosted rental.
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"Lodging establishment" does not include a hospital, nursing
home, residential retirement community, prison, jail, correctional facility,
homeless shelter, boarding school, worker housing, or long-term rental home.
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"Personal care product" means
shampoo, hair conditioner, bath soap, or lotion.
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"Plastic" means any synthetic
material made from organic polymers, such as polyethylene, polyvinyl chloride,
or nylon, that can be molded into shape while soft and then set into a rigid or
slightly elastic form.
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"Plastic" includes all materials identified with resin codes
one to seven, as provided in section 342H-42.
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"Small plastic container" means a
plastic bottle or container that has a capacity of six ounces or less and is
not intended to be reused by the end user.
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"Transient accommodations" has the
same meaning as in section 237D-1.
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SECTION 3.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 4.
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New statutory material is underscored.
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SECTION 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Personal
Care Products; Small Plastic Containers; Lodging Establishments; Prohibition;
Fines
Description:
Prohibits
lodging establishments from providing personal care products in small plastic
containers within sleeping room accommodations, any space within sleeping room
accommodations, or bathrooms used by the public or guests.
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Establishes civil penalties.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.