HB 2316

A BILL FOR AN ACT

RELATING TO LEAD MATERIALS IN WATER INFRASTRUCTURE.

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

     SECTION 1.  The legislature finds that the presence of lead in drinking water has serious negative effects on human health.  Nationally, there has been a heightened focus on decreasing lead exposure, particularly in drinking water.  The legislature further finds that to enhance public health protection, it is necessary for the State to align its lead use regulations with the more restrictive corresponding federal regulations.

     The purpose of this Act is to strengthen restrictions on lead use in drinking water by amending chapter 340E, Hawaii Revised Statutes, to align with federal lead use prohibitions as adopted in title 40 Code of Federal Regulations sections 143.12 and 143.13.

     SECTION 2.  Section 340E-7, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:

     "(i)  No person shall install or repair any public water system or any plumbing in a residential or nonresidential facility providing water for human consumption [which] that is connected to a public water system with any pipe, solder, flux, pipe fittings, plumbing fittings, or fixtures that are not lead free.  "Lead free" with respect to [solders] solder and flux means containing not more than 0.2 per cent lead, and with respect to wetted surfaces of pipes [and], pipe fittings, plumbing fittings, and fixtures means containing not more than [8.0 per cent lead and with respect to plumbing fittings and fixtures means those in compliance with National Sanitation Foundation Standard 61, section 9.] a weighted average of 0.25 per cent lead, as calculated in accordance with title 40 Code of Federal Regulations section 143.12(b) through (f).  This subsection shall not apply to [leaded]:

     (1)  Leaded joints necessary for the repair of cast iron pipes[.];

     (2)  Pipes, pipe fittings, plumbing fittings, or fixtures, including backflow preventers, that are used exclusively for nonpotable service such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not anticipated to be used for human consumption;

     (3)  Toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves, fire hydrants, service saddles, or water distribution main gate valves that are two inches in diameter or larger; or

     (4)  Clothes washing machines, emergency drench showers, emergency face wash equipment, eyewash devices, fire suppression sprinklers, steam-capable clothes dryers, and sump pumps."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Department of Health; Drinking Water; Water Infrastructure; Lead-free Materials

Description:

Amends prohibitions on the use of lead materials in drinking water distribution to align with the Safe Drinking Water Act and related Code of Federal Regulations.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  449-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2316

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 2316 entitled:

"A BILL FOR AN ACT RELATING TO LEAD MATERIALS IN WATER INFRASTRUCTURE,"

begs leave to report as follows:

     The purpose of this measure is to strengthen restrictions on lead use in drinking water by aligning state law with more restrictive federal lead use prohibitions as adopted in title 40 Code of Federal Regulations sections 143.12 and 143.13.

     Your Committee received testimony in support of this measure from the Department of Health; State Health Planning and Development Agency; Plumbers and Fitters United Association Local 675; and two individuals.

     Your Committee finds that the Safe Drinking Water Act of 1974 (P.L. 93-523) allows the Environmental Protection Agency to authorize states to exercise primary enforcement responsibility, or primacy, for regulating public water systems and that the State has been granted primacy to enforce the Safe Drinking Water Act.  Your Committee further finds that under federal requirements for state primacy, states must adopt regulations that are at least as stringent as federal regulations.  Updates to title 40 Code of Federal Regulations sections 143.12 and 143.13 took effect in 2020 to strengthen restrictions on lead in drinking water.  This measure is therefore necessary to align state lead use regulations with those more restrictive federal regulations.

     As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2316 and recommends that it pass Second Reading and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,