Committee advances wipes labeling, controlled-substance and pet measures; several condominium and landlord bills deferred

The House Committee on Consumer Protection & Commerce met Feb. 5 in Conference Room 329 to hear testimony and take action on multiple consumer- and housing-related bills, advancing amended versions of measures on labeling, controlled substances and pet restrictions while deferring several condominium and landlord-tenant proposals for further negotiation.

Committee Chair opened the session noting a two-minute time limit for testifiers and then took testimony on HB 918, a labeling measure that would require do-not-flush language on certain wipes. Jonathan Nagato of the Department of Health said the department stands on its written testimony and was available for questions. Wes Fisher, director of government affairs at INDA (Association of the Nonwoven Fabrics Industry), told the committee the trade group supports the measure and urged alignment on implementation timing with other states. "We're supportive of this measure. It aligns closely with the other 7 states that have adopted the same do not flush labeling scheme," Fisher said, and he advised the panel to consider Oregon's approach for timing and triggers tied to EPA or state approvals for pesticide-related products.

The committee moved HB 918 with amendments. The chair said the committee report would change the bill's effective date to July 1, 2026 for labeling compliance and would note that the next committee should consult Oregon on implementation timing; the bill text will be defected to July 1, 3000 to allow a committee-level effective-date change in the report. The committee's recommendation to pass with amendments was adopted.

On HB 1482, which would add certain artificially derived cannabinoids to the Controlled Substances Act, the Honolulu Police Department's narcotics vice division (acting Captain Ernest Rubello) testified in support and stood on written testimony. Tai Chang of Aloha Green Holdings, which operates a licensed dispensary, urged preserving listed exemptions for medical patients while supporting regulation of synthesized delta-8 products, saying delta-8 "is not in itself, dangerous nor is it harmful" but should be regulated and not sold in places like gas stations. Deputy Attorney General Andrew Goff and Greg Edwards of the Department of Health's Office of Medical Cannabis Control Regulation offered technical amendments to clarify terms distinguishing "synthetic" versus "artificially derived" cannabinoids; the DOH noted the current hemp law already prohibits synthetic and artificially derived cannabinoids in manufactured hemp products and recommended language to avoid confusion. The committee adopted amendments from DOH and the deputy AG and passed the bill with the chair's recommended technical changes.

HB 981, relating to attorney's fees in construction-defect and homeowner matters, drew opposition from attorneys representing homeowners and associations. Chris Sekida, a partner at Kazan, McClain, Satterley & Greenwood (testifying as Casa and Turner Thompson Boot LLC in the transcript), said the bill as written would disadvantage homeowners by constraining access to legal services and making settlement difficult. Sekida recommended using existing consumer-protection fee-shifting mechanisms instead of the bill's proposed structure. After discussion, the committee amended the bill to allow prevailing plaintiffs to recover accrued attorney's fees and costs, with awards capped at up to 25% of the recovery amount, and passed the amended version.

On financing and condominium matters, HB 807 (commercial PACE/CPACE financing) prompted substantive questions. Gwen Yamamoto of the Hawaii Green Infrastructure Authority (HGIA) said the program under consideration is commercial CPACE, not the residential PACE program, and HGIA stands on its written testimony. The Hawaii Bankers Association (represented by Mihoko Ito) requested more time to resolve eligibility and program-administration details in consultation with HGIA. Public commenter Greg Musakian raised concerns about billing, property-tax assessments, priority liens, resale complications and foreclosure risk, urging deferral until unanswered questions are resolved. The committee deferred HB 807 decision-making to allow further discussions between stakeholders.

Two other condominium-related bills (HB 336) and changes to the residential landlord-tenant code (HB 638) received a mix of testimony and were deferred for additional work. Testimony on screening and application fees included concerns from Hawaii Realtors (Lindsey Garcia) about Fair Credit Reporting Act compliance and comments from the Hawaii Workers Center highlighting the cost burden on low-income renters.

HB 699, relating to limitations on breed-based pet restrictions and excessive pet fees, drew support from the Hawaiian Humane Society's Stephanie Kendrick, who told lawmakers there is "no evidence that particular breeds are more dangerous or more likely to cause harm." Kendrick said the bill targets arbitrary breed restrictions and that pet-related damage costs are typically low. The committee adopted the chair's amendment striking the language that would have explicitly prohibited certain breed-based restrictions and passed the bill in amended form.

Votes at a glance - HB 918 (labeling; do-not-flush wipes): Passed with amendments; committee report to set effective date to July 1, 2026 and to consult Oregon on implementation timing. (Chair recommendation adopted.) - HB 1482 (controlled substances; artificially derived cannabinoids): Passed with DOH and deputy AG technical amendments; title amended to remove specific reference to Delta-8 THC and effective date defected to 07/01/3000 in bill text; committee to add implementation language. (Chair recommendation adopted.) - HB 981 (attorney's fees; construction defect/homeowner claims): Passed with amendments to allow recovery of accrued attorney's fees and costs for prevailing plaintiffs, capped at up to 25% of recovery; effective date defected to 07/01/3000. (Chair recommendation adopted.) - HB 807 (commercial CPACE financing for condominiums): Deferred to allow HGIA and the Hawaii Bankers Association to resolve eligibility, billing and administration issues. (Decision deferred.) - HB 336 (condominiums): Deferred. (Decision deferred.) - HB 638 (residential landlord-tenant code; screening/application fees): Deferred. (Decision deferred.) - HB 699 (pet animals; breed restrictions and fees): Passed with amendment to strike explicit prohibition language related to breeds; effective-date defected to 07/01/3000 in bill text. (Chair recommendation adopted.)

What mattered in testimony - Implementation timing and federal approvals: Industry witnesses advising the committee on HB 918 recommended coordinating labeling deadlines with EPA/FIFRA approvals and with other states (Oregon) to avoid supply-chain and regulatory conflicts. - Terminology and scope for cannabinoid regulation: The deputy AG and DOH recommended clarifying statutory definitions to distinguish "artificially derived" from "synthetic" cannabinoids so the hemp statute and Controlled Substances Act intersect as intended. - Homeowner access to counsel: Construction-defect attorneys argued caps or restrictions on contingency arrangements could prevent homeowners from pursuing claims; the committee adopted a fee-award cap approach in response. - Consumer protections vs. administrative practicality: Realtors and tenants' advocates highlighted practical and legal constraints around credit and background checks and application fees; lawmakers deferred related bills to give stakeholders time to reconcile privacy/FTC and housing-access concerns.

The committee adjourned after taking those actions. The committee chair said amended bills will be reflected in committee reports and that several items were deferred to allow additional stakeholder negotiation and technical fixes.