Hawaii House Bill 1326 (2023) - (Failed)

Packaging not included in this legislation is as follows:

1. beverage containers with a deposit return system
2. packaging of drug, medical devices, or dietary supplement under the FDA's Food Drug and Cosmetic Act

Producer is any person that that manufactures or uses in a commercial enterprise, sells, offers for sale, or distributes the packaging material in the State under the brand of the manufacturer.

The producer can also be the owner or licensee of a trademark under which the covered product is used in commercial enterprise, sold, offered for sale, or distributed in the State, whether or not the trademark is registered.

Producer can also be an entity that imports the packaging material into the United States or the State for use in a commercial enterprise, sale, offer for sale, or distribution in the State.

The State or any of its political subdivisions are excluded from the definition of producer.

The department will develop a producer funded waste reduction and reuse plan. The plan will determine what producers and products shall be covered, how fees shall be set, how reduction shall be measured, and reporting requirements for the producers.

This legislation sets a goal of a 70% reduction of the amount of packaging waste deposited in landfills or incinerated in the State by 2030.

On or before January 1, 2024, the department shall establish a packaging waste advisory council. This council will provide recommendations to the department, advise on the needs assessment and the development of a producer-funded packaging waste reduction and reuse program. The advisory council shall consist of the following members:

1. The director of health or the director's designee, who shall serve as the chair of the advisory council
2. The chairs of the standing committees in the senate and the house of representatives with primary subject matter jurisdiction over the environment or the chairs' designees
3. A representative from the city and county of Honolulu department of environmental services with experience in sustainable waste management
4. A representative from the county of Maui department of environmental management with experience in sustainable waste management
5. A representative from the county of Kauai department of public works with experience in sustainable waste management
6. A representative from the county of Hawaii department of environmental management with experience in sustainable waste management
7. One representative of community organizations in each of the four counties that have focused on packaging waste reduction, selected by the chair
8. One expert in governmental activities regarding programs to achieve packaging waste reduction nationally and internationally, selected by the chair
9. Three representatives of large producers of packaging waste from consumer packaging goods in Hawaii, selected by the chair
10. One representative of Hawaii small businesses that manufacture products in the State, selected by the chair
11. Two national experts in reusable packaging who are not affiliated with any packaging producers in Hawaii, selected by the chair
12. Two representatives from recycling and waste hauling businesses working in Hawaii, selected by the chair

The department will develop a statewide needs assessment that will detail the resources needed to reduce packaging waste from each respective county's baseline amount by 70% by 2030.

Reusable packaging means a product or packaging that is, reusable, refillable, or returnable, non-toxic, safe for washing and sanitizing according to applicable state food safety laws, and part of a system that achieves multiple cycles of use, equitable access, and reduce waste.