THE SENATE

S.B. NO.

1150

TWENTY-NINTH LEGISLATURE, 2017

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PRESERVING CORAL REEFS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that oxybenzone, a common sunscreen ingredient, has detrimental effects on coral reefs. The World Conservation Congress of the International Union for Conservation of Nature met in September 2016 in Honolulu. The Congress disclosed that 2015 research led by a University of Hawaii professor implicated oxybenzone in coral larvae deformity, bleaching, and DNA damage that weakens coral systems' adaptability to climate change. The threat is particularly acute in Hawaiian ocean waters where coral bleaching is occurring at a historic rate never previously recorded.

The legislature further finds that there are reasonable alternatives to oxybenzone-based sunscreens, such as zinc oxide and titanium oxide, that allow beach users to enjoy the outdoors without compromising sun protection.

The findings of the World Conservation Congress of the International Union for Conservation of Nature are in line with the senate's focus on "Aloha Honua Climate Change and Energy". Aloha Honua seeks to protect and preserve Hawaii's natural resources by exploring ways to improve agricultural practices and mitigate climate change impacts. Aloha Honua is a commitment to supporting the preservation of nature's unique geographic features, including coral reefs, coastlines, and watersheds. Aloha Honua also encourages the use of innovative technologies to combat invasive species, address biosecurity risks, conserve the State's water resources and coral reefs, address changing sea levels, and protect the State's fragile marine ecosystem.

The purpose of this Act is to protect Hawaii's coral reefs by:

(1) Prohibiting the use of sunscreens and cosmetics containing oxybenzone or other chemicals deemed harmful to coral reefs by the department of land and natural resources within marine life conservation districts;

(2) Requiring all commercial use permittees operating in marine life conservation districts to inform their customers that the use of sunscreen, sunblock, or cosmetic containing oxybenzone or other chemicals deemed harmful to coral reefs by the department is prohibited in marine life conservation districts;

(3) Requiring certain counties to prohibit the commercial sale of sunscreen, sunblock, or cosmetic containing oxybenzone or other chemicals deemed harmful to coral reefs by the department in concessions that serve nature preserves and marine life conservation districts; and

(4) Requiring the department of land and natural resources to propose rules prohibiting the use of sunscreen, sunblock, or cosmetic containing oxybenzone or other chemicals deemed harmful to coral reefs by the department in any area as needed to conserve state marine resources.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"46-   Concessions; oxybenzone; sunscreen and cosmetics restrictions. Counties that issue commercial scuba and snorkeling permits or control public access to nature preserves and marine life conservation districts used for scuba diving or snorkeling shall prohibit commercial sales of sunscreen, sunblock, or cosmetic containing oxybenzone or other chemicals deemed harmful to coral reefs by the department of land and natural resources in concessions that serve nature preserves and marine life conservation districts.

For purposes of this section, "oxybenzone" includes benzophenone-3 and 2-hydroxy-4-methoxyphenyl phenylmethanone or other chemicals deemed harmful to coral reefs by the department of land and natural resources."

SECTION 3. Chapter 187A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"187A-   Oxybenzone; sunscreen and cosmetics restrictions. (a) No person shall use or apply sunscreen, sunblock, or cosmetic containing any oxybenzone or other chemicals deemed harmful to coral reefs by the department within a marine life conservation district, unless the sunscreen, sunblock, or cosmetic is a prescription drug as defined in section 328-112.

(b) The department shall require all commercial use permittees operating in marine life conservation districts to inform all of their customers that the use of sunscreen, sunblock, or cosmetic containing oxybenzone or other chemicals deemed harmful to coral reefs by the department are prohibited in marine life conservation districts.

(c) For purposes of this section, "oxybenzone" includes benzophenone-3 and 2-hydroxy-4-methoxyphenyl phenylmethanone or other chemicals deemed harmful to coral reefs by the department."

SECTION 4. The department of land and natural resources may propose rules pertaining to chapter 190, Hawaii Revised Statutes, which prohibit the use of sunscreen, sunblock, or cosmetic containing oxybenzone or other chemicals deemed harmful to coral reefs by the department in any area as needed to conserve state marine resources.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on January 7, 2059.


 


 

Report Title:

Sunscreen; Oxybenzone; Beaches; Ocean

 

Description:

Prohibits the use or application of sunscreen, sunblock, or cosmetic containing oxybenzone or other chemicals deemed harmful to coral reefs by the Department of Land and Natural Resources (Department) within a marine life conservation district unless the sunscreen, sunblock, or cosmetic is a prescription drug. Requires all commercial use permittees operating in marine life conservation districts to inform their customers that the use or application of sunscreen, sunblock, or cosmetic containing oxybenzone or other chemicals deemed harmful to coral reefs by the Department is prohibited in marine life conservation districts. Requires certain counties to prohibit the commercial sale of sunscreen, sunblock, or cosmetic containing oxybenzone or other chemicals deemed harmful to coral reefs by the Department in concessions that serve nature preserves and marine life conservation districts. Allowing the Department to propose rules prohibiting the use of sunscreen, sunblock, or cosmetic containing oxybenzone in any area as needed. (SB1150 HD1)

 

 

 

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