Hawaiʻi County Council passes bill to restrict single-use plastic foodware, serviceware

A bill to prohibit the sale and distribution of most single-use plastic and polystyrene items used to hold food was passed by the Hawai‘i County Council despite pushback from the Department of Environmental Management and Mayor Kimo Alameda.

The County Council passed the second reading of Bill 83, which aims to reduce disposable plastic and polystyrene and was introduced by council members Rebecca Villegas and Michelle Galimba.

The bill covers items that hold, store or contain food or drinks, and serviceware, which is used by food providers, county facility users or organizations.

Any entity selling, distributing, or providing prepared food to the public must use reusable foodware and serviceware, or disposable options that are certified by the Compost Manufacturing Alliance or visibly labeled as compostable with a BPI-certification mark.

Testifiers from the West Hawai‘i Explorations Academy reiterated to council members the importance of passing the bill for their future.

“Many of our parents and grandparents have memories of clean shorelines, vibrant marine life, clear water and thriving ecosystems, but we live a very different reality,” said seventh-grader Stella Black. “For us, seeing a small number of fish feels fortunate. The change that has taken place in only a few decades is proof of why we need to pass this bill soon.

“We all have a responsibility to this place we all share, and young people like me will continue to bear the responsibility of a problem we inherited but did not cause.”

On Monday, the Department of Environmental Management sent a memo to the Hawai‘i County Council. According to the department’s analysis and recommendations, the bill does not achieve a reduction of waste and is not in accord with the county’s Integrated Solid Waste Management Plan.

The department requested a 24-month delay in implementation to find funding for staff and infrastructure, secure greater discretion for the director to amend requirements, and partake in outreach, education, and analysis to implement the ordinance.

For supporters of the bill, the memo was unacceptable.

“Since the Department of Environmental Management 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,” said Kristine Kabat, executive director of Recycle Hawai‘i, in her written testimony. “These contracted services, which have been and continue to be provided at greatly reduced cost to the county, include public education, outreach and management of new programs involving a variety of waste streams.”

An argument brought up by opposers of the bill and the Department of Environmental Management is the lack of central infrastructure to compost compostables. However, Ka‘ū High School has been utilizing in-vessel composting, which is a smaller unit that composts organic waste and turns it into soil overnight.

“We held a zero-waste youth convergence and used compostable foodware; instead of throwing it away, we put the foodware in our in-vessel composting unit, where it broke down overnight,” said Roxie Castaneda, part of Mālama ‘Āina Compostables, a student-led zero-waste initiative in Ka‘ū. “Our in-vessel composting unit is an innovative solution that turns scraps and compostable foodware into nutrient-rich soil while reducing methane emissions.”

Castaneda said the grant-supported efforts have kept more than 20,000 pounds of waste out of the West Hawai‘i landfill since its start in 2024.

The group’s fully contained, rat-proof composting unit — which they named “Ho‘ouli” — cost $35,000 to buy and install and is expected to last for 20 years, according to Justin Canelas, operations director of Recycle Hawai‘i.

About 100 pounds of food waste goes through the composter each school day, quickly producing nutrient-rich soil that is then split between a local pig farmer and the school’s agricultural programs.

“We educate communities and other schools on proper waste separation and encourage practices that minimize using single-use items,” Castaneda said. “Together, these solutions can create a circular system, reducing waste at the source, using compostable materials as an alternative, and fostering sustainable practices.”

During the first reading of the bill, Canelas said that some units scale up to handle 6,000 pounds of waste a day at a cost of about $300,000 per unit.

“If we deployed five of those units, the county could compost 11 million pounds of food waste per year. Think of the landfill space that would save,” Canelas said. “It is very safe to use. It keeps rats and pests out, and then the soil can be given to the community to grow food.”

During public testimony, Alameda spoke to potential cost increases to consumers and businesses, as well as funding for enforcement. He presented plastic cups and forks and compared the price to compostable alternatives, which were about twice as expensive.

“First off, it must be stated that decisions are made not just on cost; we make decisions with the future in mind,” Councilmember Ashley Kierkiewicz said. “When I’m at a volleyball tournament or at a school, there are paper and compostable products everywhere.

“They have factored those costs into running concession stands, and it did not break the bank. What I hear during the mayor’s testimony is a lot of ‘no can,’ but to quote Mayor Billy Kenoi, it is: ‘Not no can, but how can.'”

The Department of Environmental Management memo also confused some council members as it discussed outreach as an islandwide effort needed for compliance, yet suggested outreach responsibilities should not be split between the Department of Environmental Management and County of Hawai‘i Office of Sustainability, Climate Equity, and Resilience, which was created to share knowledge and coordinate resources related to sustainability, climate action, equity and resilience.

“You both have a stake in this bill, so why not work collaboratively?” Kagiwada asked during the county council meeting.

Alex White, recycling specialist with the Department of Environmental Management, stated that the point was only made to establish that the department would maintain the lead over the initiative.

After questioning from Villegas, it was revealed that the Department did not reach out to the Office of Sustainability, Climate Equity, and Resilience to discuss the memo.

“The fact that no one ever reached out to the Office of Sustainability, Climate Equity, and Resilience, which was established to sit at a cabinet level to direct the county departments in best practices and current technologies for sustainability, to me, is insulting,” Villegas said.

Questioning from Kagiwada and Villegas also revealed that a portion of the memo was written by artificial intelligence. But White said it is not a product of artificial intelligence.

“My constituents will tell me, donʻt mistake incompetence for maliciousness or conspiracy,” Villegas said. “When the community already doesnʻt trust the government, I am disappointed by the decisions that were made. It is tough not to feel insulted or offended.”

The Department of Environmental Management recommended extending the implementation period of the bill from 12 to 24 months to allow for rulemaking, public education and additional staffing. The memo states that two Recycling Specialist II positions would be needed to implement the program.

However, Council Chair Holeka Inaba was skeptical about the accuracy of the financial and staffing considerations. If the department needed extra staffing, it could be revisited.

“As far as the concerns about rulemaking, this body sets policy. The departments make the rules to administer the policy, and I think that is what is going to be done today,” Inaba said before the vote.

According to Villegas, the Department of Environmental Management has been discussing composting since she began her tenure as a council member seven years ago.

“If our high school students can do it and have soil 24 hours later, we need to get there, too.,” she said. “Perhaps passing a law will light a fire to make something happen. It is time for us to move forward with clarity, courage and wisdom, and support from multiple organizations.”

The bill passed unanimously with eight votes. Councilmember ​​Matt Kaneali’i-Kleinfelder was absent. The bill and written public testimony can be found in the Hawaiʻi County Council archives.