SB 2094: EALs; Toxic Chemicals; Pollutants; Procedural Requirements; Public Notice; Appropriation

A BILL FOR AN ACT

RELATED TO TOXIC CHEMICALS.

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

     SECTION 1.  The legislature finds that certain state agencies, including the department of health, monitor the presence of environmentally toxic chemicals in water, soil, and air, and require remedial action if pollution levels exceed certain concentrations, often called environmental action levels or EALs.  When an EAL is exceeded, the person or entity responsible for the existence of the pollution is legally required to take remedial action to reduce the level of toxicity in the area under the person's or entity's control, so that the EAL is no longer exceeded.

     The legislature further finds that there are currently no procedural requirements or standards to establish EALs for various toxins that are monitored, or to raise or lower EALs for toxins and pollutants.  Previously, EALs have been raised by state agencies without public notice and without publication of the scientific justification, resulting in a relaxation of enforcement standards and a potential increase in pollution.

     The legislature further finds that some increases in local EALs have lacked scientific justification and that the increases are contrary to the EALs established and enforced by federal agencies and agencies of other states.  These increases may pose unreasonable risks to the environment and the residents of the State, and therefore it is necessary that any increases in EALs be scientifically justifiable and based on the severity of risks to human health and the environment, as well as the probability of adverse effects.  Procedures must be established to provide the public with advance notice and the opportunity to respond to proposed increases in EALs.   Moreover, these actions by Hawaii state agencies without adequate scientific basis and procedural safeguards may violate the guarantees of article XI, sections 1 and 7 of the Hawaii State Constitution.

     The legislature affirms that the public has a right to know all relevant information concerning environmental toxins and that state agencies charged with monitoring and remediating environmental toxins are responsible for ensuring that the public receives all relevant information about the presence of environmental toxins in a timely manner.

     Accordingly, the purpose of this Act is to:

     (1)  Establish procedural and substantive requirements for the establishment and modification of environmental action levels by state agencies; and

     (2)  Appropriate funds.

     SECTION 2.  (a)  Every state agency that monitors environmental toxins and pollutants shall establish environmental action levels or substantively similar triggering mechanisms that are consistent with the best practices and most recent scientific evidence relating to the preservation of a safe environment.

     (b)  No modification to any environmental action levels or similar triggering mechanism shall be made except after adequate advance notice to the public, which shall include provision of all relevant scientific justifications for the proposed modification.  Any state agency proposing a modification shall comply with the requirements of chapter 91, Hawaii Revised Statutes, and allow not less than thirty days for the public to comment on the proposed modification, and conduct one or more public hearings where comments to the proposed action shall be received.

     SECTION 3.  Any resident of the State may petition an agency that has established environmental action levels or similar triggering mechanism for the modification of any established environmental action levels or similar triggering mechanisms.  The agency shall promptly respond to the petition in the manner provided by chapter 91, Hawaii Revised Statutes.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027, to be allocated as follows:

     (1)  $           for the development of a secure government portal website dedicated to environmental action levels monitored by state agencies; and

     (2)  $           to create and host webinars on potential changes to environmental action levels.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 5.  This Act shall take effect on July 1, 2050.

Report Title:

EALs; Toxic Chemicals; Pollutants; Procedural Requirements; Public Notice; Appropriation

Description:

Requires state agencies that monitor environmental toxins and pollutants to establish environmental action levels (EALs) to ensure the preservation of a safe environment.  Prohibits modifications to EALs unless certain procedural requirements are met.  Establishes a process to allow any resident to petition for modifications to an established EAL.  Appropriates funds.  Effective 7/1/2050.  (SD1)

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

A BILL FOR AN ACT

RELATED TO TOXIC CHEMICALS.

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

     SECTION 1.  The legislature finds that certain state agencies, including the department of health, monitor the presence of environmentally toxic chemicals in water, soil, and air, and require remedial action if pollution levels exceed certain concentrations, often called environmental action levels or EALs.  When an EAL is exceeded, the person or entity responsible for the existence of the pollution is legally required to take remedial action to reduce the level of toxicity in the area under the person's or entity's control, so that the EAL is no longer exceeded.

     The legislature further finds that there are currently no procedural requirements or standards to establish EALs for various toxins that are monitored, or to raise or lower EALs for toxins and pollutants.  Previously, EALs have been raised by state agencies without public notice and without publication of the scientific justification, resulting in a relaxation of enforcement standards and a potential increase in pollution.

     The legislature further finds that some increases in local EALs have lacked scientific justification and that the increases are contrary to the EALs established and enforced by federal agencies and agencies of other states.  These increases may pose unreasonable risks to the environment and the residents of the State, and therefore it is necessary that any increases in EALs be scientifically justifiable and based on the severity of risks to human health and the environment, as well as the probability of adverse effects.  Procedures must be established to provide the public with advance notice and the opportunity to respond to proposed increases in EALs.   Moreover, these actions by Hawaii state agencies without adequate scientific basis and procedural safeguards may violate the guarantees of article XI, sections 1 and 7 of the Hawaii State Constitution.

     The legislature affirms that the public has a right to know all relevant information concerning environmental toxins and that state agencies charged with monitoring and remediating environmental toxins are responsible for ensuring that the public receives all relevant information about the presence of environmental toxins in a timely manner.

     Accordingly, the purpose of this Act is to establish procedural and substantive requirements for the establishment and modification of environmental action levels by state agencies.

     SECTION 2.  (a)  Every state agency that monitors environmental toxins and pollutants shall establish environmental action levels or substantively similar triggering mechanisms that are consistent with the best practices and most recent scientific evidence relating to the preservation of a safe environment.

     (b)  No modification to any environmental action levels or similar triggering mechanism shall be made except after adequate advance notice to the public, which shall include provision of all relevant scientific justifications for the proposed modification.  Any state agency proposing a modification shall comply with the requirements of chapter 91, Hawaii Revised Statutes, and allow not less than thirty days for the public to comment on the proposed modification, and conduct one or more public hearings where comments to the proposed action shall be received.

     SECTION 3.  Any resident of the State may petition an agency that has established environmental action levels or similar triggering mechanism for the modification of any established environmental action levels or similar triggering mechanisms.  The agency shall promptly respond to the petition in the manner provided by chapter 91, Hawaii Revised Statutes.

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

Report Title:

EALs; Toxic Chemicals; Pollutants; Procedural Requirements; Public Notice

Description:

Requires state agencies that monitor environmental toxins and pollutants to establish environmental action levels (EALs) to ensure the preservation of a safe environment.  Prohibits modifications to EALs unless certain procedural requirements are met.  Establishes a process to allow any resident to petition for modifications to an established EAL.

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. 2679

Honolulu, Hawaii

RE:     S.B. No. 2094

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Agriculture and Environment and Government Operations, to which was referred S.B. No. 2094 entitled:

"A BILL FOR AN ACT RELATED TO TOXIC CHEMICALS,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require state agencies that monitor environmental toxins and pollutants to establish environmental action levels (EALs) to ensure the preservation of a safe environment;

     (2)  Prohibit modifications to EALs unless certain procedural requirements are met; and

     (3)  Establish a process to allow any resident to petition for modifications to an established EAL.

     Your Committees received testimony in support of this measure from the Environmental Caucus of the Democratic Party of Hawaiʻi and four individuals.

     Your Committees received comments on this measure from the Department of Health.

     Your Committees find that environmental action levels (EALs) are standardized screening levels for concentrations of contaminants in soil, gas, and groundwater that are used in policy and administrative decision-making.  There are currently no procedural requirements or standards to establish EALs for various toxins that are monitored in the State.  Additionally, increases in EALs have been enacted by state agencies without public notice.  By establishing a framework for managing EALs throughout the State, this measure will ensure state agency accountability, enact procedural safeguards, and protect public and environmental health.

     Your Committees have amended this measure by:

     (1)  Inserting a blank appropriation to the Department of Health to develop a secure government portal website and host webinars on environmental action levels;

     (2)  Amending section 1 to reflect its amended purpose;

     (3)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (4)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     Your Committees note that public notice of any modification to EALs is critical in maintaining public trust.  Developing a secure government portal website and hosting webinars on potential changes to environmental action levels is appropriate and critical to the welfare of local communities.  Therefore, should your Committee on Ways and Means choose to deliberate on this measure, your Committees respectfully request that it consider inserting an appropriation amount of:

     (1)  $125,000 for the development of a secure government portal website dedicated to environmental action levels monitored by state agencies; and

     (2)  $15,000 to create and host webinars on potential changes to environmental action levels.

     As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2094, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2094, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Government Operations,