RELATING TO PLASTIC POLLUTION.

SB2205

THE SENATE

S.B. NO.

2205

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to PLASTIC POLLUTION
.

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 plastic beverage containers and their plastic
beverage caps pose a significant danger to the ocean and sustainability of the
environment.
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More than one billion
single-use plastic beverage containers are purchased every day around the world.

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In Hawaiian waters, fish have been
reported to consume plastic particles just days after being born due to the fifteen
to twenty tons of marine trash washing ashore each year.

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The legislature also finds that plastic
beverage caps have become an increasing source of marine pollution. The Ocean
Conservancy, a nonprofit organization with over fifty years of dedication
toward conservation, has reported that plastic beverage caps are listed as one
of the top five deadliest forms of marine pollution, especially to large marine
species.
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As plastic beverage caps are
too small to be properly sorted at recycling facilities, they are often sent to
the landfill, where they contribute to long-term environmental contamination.
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Additionally, plastic beverage caps also
generate microplastics once degraded into the environment. The act of the
twisting motion used to remove a cap from its plastic ring also contributes to
microplastic dispersal.

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International efforts, such as the European
Union's Single‑Use Plastics Directive (SUPD), have demonstrated
preventative approaches to global plastic pollution, rather than relying on
clean-up and recycling-focused mitigation measures, according to a 2024 report.

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Specifically, Article 6 of SUPD requires
all single-use beverage containers of up to three liters in size to have
attached caps and lids to reduce litter and improve convenience for consumers.
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In the 2024 report by The Ocean Conservancy,
it was reported that the SUPD is "significantly improving bottle cap
recyclability."

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The legislature therefore finds that there
is an opportunity to reduce harmful waste in Hawaiian waters from plastic
beverage caps.
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Due to the European
Union's adoption of SUPD, California has revived its efforts to enact
legislation requiring tethered beverage caps.
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By enacting similar legislation, the State can further demonstrate its
commitment to environmental preservation and ecological sustainability.

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Accordingly, the purpose of this Act is to
reduce plastic pollution in the State's environment, particularly plastic
beverage caps from single-use plastic beverage containers. Specifically, this
Act:

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(1)
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Defines
the terms "plastic beverage cap" and "single‑use plastic
beverage container";

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(2)
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Prohibits
the sale of any beverage contained in a single-use plastic beverage container
where the plastic beverage cap is not tethered to the single-use plastic
beverage container when the plastic beverage cap is removed; and

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(3)
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Requires plastic beverage caps tethered or
otherwise attached to the single-use plastic beverage containers to be the same
plastic resin.

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SECTION 2.
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Section 339-1, Hawaii Revised Statutes, is amended by adding two new
definitions to be appropriately inserted and to read as follows:

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"
"Plastic beverage cap"
means a cap that is composed wholly or primarily of plastic and that is screwed
onto or otherwise affixed to a single-use plastic beverage container.
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"Plastic beverage cap" does not
include a cap that is composed wholly or primarily of a nonplastic material but
also contains a plastic seal.

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"Single-use plastic beverage
container" means a bottle, can, jar, carton, or other container that:

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(1)
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Is
composed wholly or primarily of plastic;

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(2)
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Contains
one liter or less of a beverage; and

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(3)
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Is
intended to be disposed of after one use.
"

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SECTION
3
.
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Section 339-7, Hawaii Revised Statutes, is amended
to read as follows:

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339-7
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Beverage container
requirements.
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(a)
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No person in this State shall manufacture or
import for sale in this State or offer for sale at wholesale in this State
after July 1, 1979, or sell for retail in this State after October 1,
1979, any beverage in metal containers so designed and constructed that a part
of the container is permanently detached in opening the container.
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However, nothing in this subsection shall
prohibit the sale or offer for sale of a container the only detachable part of
which is a piece of pressure sensitive tape.

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(b)
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Beginning January 1, , no manufacturer
shall import for sale, sell, offer for sale, or distribute for sale in the
State any beverage in a single-use plastic beverage container with a plastic
beverage cap unless the plastic beverage cap is composed of a plastic resin
with the same resin identification code as the single-use plastic beverage
container as determined in accordance with the Standard Practice for Coding
Plastic Manufactured Articles for Resin Identification of the American Society
for Testing and Materials, ASTM D7611, and the plastic beverage cap:

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(1)
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Is
tethered to the single-use plastic beverage container in a manner that prevents
the separation of the plastic beverage cap from the single-use plastic beverage
container when the plastic beverage cap is removed from the single-use plastic
beverage container by the consumer; or

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(2)
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Includes
an opening where the beverage can be consumed while the plastic beverage cap
remains screwed onto or otherwise affixed to the single-use plastic beverage
container.

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[
(b)
]
(c)

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Failure to comply with the provisions of this
section shall constitute a violation and shall carry a fine of $250.
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Each day of such failure shall constitute a
separate violation."

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SECTION 4.
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Statutory material to be repealed is bracketed and stricken.
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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:

Single-Use
Plastic Beverage Containers; Plastic Beverage Caps; Plastic Resin
Identification; Prohibition

Description:

Prohibits
the sale of any beverage contained in single-use plastic beverage containers where
the plastic beverage cap is not tethered to the single-use plastic beverage
container when the plastic beverage cap is removed.
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Requires plastic beverage caps tethered or
otherwise attached to the single-use plastic beverage containers to be the same
plastic resin.

The summary description
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not legislation or evidence of legislative intent.