SB 639: Department of Health; Water Quality; Underground Storage Tanks and Tank Systems; Confirmed Release; Environmental Restoration; Jet Fuel; Rules

A BILL FOR AN ACT

RELATING TO UNDERGROUND STORAGE TANKS.

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

     SECTION 1.  The legislature finds that Hawaii has been blessed with some of the purest water (wai) on Earth.  The islands' age, location in the Pacific, geography, geology, and native ecosystems provide groundwater that has been given purity index scores of over nine hundred.

     The legislature further finds that the State's freshwater resources have also been appropriately recognized as sacred and essential to all life, and the protection and careful stewardship of Hawaii's wai has been a priority of kanaka oiwi culture and governance since time immemorial.

     The legislature also finds that the contamination of local groundwater and drinking water sources with jet fuel from underground storage tanks must not be tolerated.  As emphasized by state and county agency officials and elected leaders who participated in the Red Hill Water Alliance Initiative, any contamination must be fully remediated; there should be no acceptable level of jet fuel in the State's precious and otherwise pure wai.

     The purpose of this Act is to:

     (1)  Require an owner or operator of an underground storage tank or tank system with a confirmed release to meet certain standards for the restoration of the environment; and

     (2)  Establish a rebuttable presumption that the detection of any amount of jet fuel, jet fuel additives, or compounds in the vicinity of an underground storage tank or tank system after a confirmed release is the result of the confirmed release.

     SECTION 2.  Section 342L-35, Hawaii Revised Statutes, is amended to read as follows:

     "§342L-35  Response to suspected or confirmed releases.  (a)  The department, pursuant to chapter 91, shall adopt requirements for investigating a suspected release and taking action in response to a confirmed release from an underground storage tank or tank system, which shall include at least the following:

     (1)  Requirement that when a release is found, the substances in the tank or tank system be emptied if emptying the substances does not present a greater danger to human health or the environment;

     (2)  Requirement for proper closure of the tank or tank system, following the requirements established under section 342L-37, or repair and testing of the tank or tank system before placing it back into operation;

     (3)  Requirement that the owner and operator of the underground storage tank or tank system that had a release restore the environment to a condition and quality acceptable to the department[;], subject to subsection (b); and

     (4)  Requirement to notify those members of the public directly affected by the release and the proposed response to the release.

     (b)  Restoration of the environment, as described in subsection (a)(3), shall require the cleanup and removal of jet fuel, including jet fuel additives and compounds resulting from the degradation of jet fuel or jet fuel additives, or the reaction of jet fuel or jet fuel additives with water or other chemicals, as soon as practicable, to levels below the detection limits of the best and most sensitive technology and methods available, with the goal of complete remediation.

     (c)  It shall be a rebuttable presumption that the detection of any amount of jet fuel, jet fuel additives, or compounds derived from jet fuel or jet fuel additives in the environment or groundwater in the vicinity of an underground storage tank or tank system, after a confirmed release from an underground storage tank or tank system, is the result of the confirmed release."

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

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Department of Health; Water Quality; Underground Storage Tanks and Tank Systems; Confirmed Release; Environmental Restoration; Jet Fuel; Rules

Description:

Requires an owner or operator of an underground storage tank or tank system with a confirmed release to meet certain standards for the restoration of the environment.  Establishes a rebuttable presumption that any detection of these contaminants in the vicinity of an underground storage tank or a tank system after a confirmed release is a result of the confirmed release.  Effective 7/1/3000.  (HD1)

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

RELATING TO UNDERGROUND STORAGE TANKS.

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

     SECTION 1.  The legislature finds that Hawaii has been blessed with some of the purest water (wai) on Earth.  The islands' age, location in the Pacific, geography, geology, and native ecosystems provide groundwater that has been given purity index scores of over nine hundred.

     The legislature also finds that the State's freshwater resources have also been appropriately recognized as sacred and essential to all life, and the protection and careful stewardship of Hawaii's wai has been a priority of kanaka oiwi culture and governance since time immemorial.

     The legislature further finds that the contamination of local groundwater and drinking water sources with jet fuel from underground storage tanks must not be tolerated.  As emphasized by state and county agency officials and elected leaders on Red Hill, and the Water Alliance Initiative, any contamination must be fully remediated; there should be no acceptable level of jet fuel in the State's precious and otherwise pure wai.

     The purpose of this Act is to fully restore the environment, including drinking water and groundwater, after any release of jet fuel from an underground storage tank or tank system.

     SECTION 2.  Section 342L-35, Hawaii Revised Statutes, is amended to read as follows:

     "§342L-35  Response to suspected or confirmed releases.  (a)  The department, pursuant to chapter 91, shall adopt requirements for investigating a suspected release and taking action in response to a confirmed release from an underground storage tank or tank system, which shall include at least the following:

     (1)  Requirement that when a release is found, the substances in the tank or tank system be emptied if emptying the substances does not present a greater danger to human health or the environment;

     (2)  Requirement for proper closure of the tank or tank system, following the requirements established under section 342L-37, or repair and testing of the tank or tank system before placing it back into operation;

     (3)  Requirement that the owner and operator of the underground storage tank or tank system that had a release restore the environment to a condition and quality acceptable to the department[;], subject to subsection (b); and

     (4)  Requirement to notify those members of the public directly affected by the release and the proposed response to the release.

     (b)  Restoration of the environment shall require the cleanup and removal of jet fuel, including jet fuel additives and compounds resulting from the degradation of jet fuel or jet fuel additives, or the reaction of jet fuel or jet fuel additives with water or other chemicals, as soon as practicable, with the goal of complete removal.

     (c)  It shall be a rebuttable presumption that the detection of any amount of jet fuel, jet fuel additives, or compounds derived from jet fuel or jet fuel additives in the environment or groundwater in the vicinity of an underground storage tank or tank system, after a confirmed release from an underground storage tank or tank system, is the result of the confirmed release."

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

     SECTION 4.  This Act shall take effect on December 31, 2050.

Report Title:

Department of Health; Water Quality; Underground Storage Tanks and Tank Systems; Confirmed Release; Environmental Restoration; Jet Fuel; Rules

Description:

Clarifies the level of environmental restoration that owners and operators of underground storage tanks or tank systems must satisfy in the event of a confirmed release of jet fuel from an underground storage tank or tank system.  Establishes that the environmental restoration shall require the cleanup and removal of jet fuel, including jet fuel additives and compounds resulting from the degradation of jet fuel or jet fuel additives, or the reaction of jet fuel or jet fuel additives with water or other chemicals, as soon as practicable, with the goal of complete removal.  Establishes a rebuttable presumption that any detection of these contaminants in the vicinity of an underground storage tank or a tank system after a confirmed release is a result of the confirmed release.  Effective 12/31/2050.  (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

relating to UNDERGROUND STORAGE TANKS.

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

     SECTION 1.  The legislature finds that Hawaii has been blessed with some of the purest water (wai) on Earth.  The islands' age, location in the Pacific, geography, geology, and native ecosystems provide groundwater that has been given purity index scores of over nine hundred.

     The legislature also finds that the State's freshwater resources have also been appropriately recognized as sacred and essential to all life, and the protection and careful stewardship of Hawaii's wai has been a priority of kanaka oiwi culture and governance since time immemorial.

     The legislature further finds that the contamination of local groundwater and drinking water sources with jet fuel from underground storage tanks must not be tolerated.  As emphasized by state and county agency officials and elected leaders on Red Hill, and the Water Alliance Initiative, any contamination must be fully remediated; there should be no acceptable level of jet fuel in the State's precious and otherwise pure wai.

     The purpose of this Act is to fully restore the environment, including drinking water and groundwater, after any release of jet fuel from an underground storage tank or tank system.

     SECTION 2.  Section 342L-35, Hawaii Revised Statutes, is amended to read as follows:

     "§342L-35  Response to suspected or confirmed releases.  (a)  The department, pursuant to chapter 91, shall adopt requirements for investigating a suspected release and taking action in response to a confirmed release from an underground storage tank or tank system, which shall include at least the following:

     (1)  Requirement that when a release is found, the substances in the tank or tank system be emptied if emptying the substances does not present a greater danger to human health or the environment;

     (2)  Requirement for proper closure of the tank or tank system, following the requirements established under section 342L-37, or repair and testing of the tank or tank system before placing it back into operation;

     (3)  Requirement that the owner and operator of the underground storage tank or tank system that had a release restore the environment to a condition and quality acceptable to the department[;], subject to subsection (b); and

     (4)  Requirement to notify those members of the public directly affected by the release and the proposed response to the release.

     (b)  Restoration of the environment shall require the cleanup and total removal of all jet fuel, including jet fuel additives and all compounds resulting from the degradation of jet fuel or jet fuel additives, or the reaction of jet fuel or jet fuel additives with water or other chemicals.

     (c)  It shall be a rebuttable presumption that the detection of any amount of jet fuel, jet fuel additives, or compounds derived from jet fuel or jet fuel additives in the environment or groundwater in the vicinity of an underground storage tank or tank system, after a confirmed release from an underground storage tank or tank system, is the result of the confirmed release."

     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:

DOH; Water Quality; Underground Storage Tanks and Tank Systems; Confirmed Release; Environmental Restoration; Jet Fuel; Rules

Description:

Clarifies the level of environmental restoration that owners and operators of underground storage tanks or tank systems must satisfy in the event of a confirmed release of jet fuel.  Specifies the restoration condition and quality acceptable by the Department of Health shall include the complete removal of all jet fuel, including jet fuel additives and all compounds resulting from the degradation of jet fuel or jet fuel additives, or the reaction of jet fuel or jet fuel additives with water or other chemicals.  Establishes a rebuttable presumption that any detection of these contaminants in the vicinity of an underground storage tank or a tank system after a confirmed release is a result of the confirmed release.

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.  1247

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 639

      S.D. 1

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Energy & Environmental Protection, to which was referred S.B. No. 639, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO UNDERGROUND STORAGE TANKS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Clarify the level of environmental restoration that owners and operators of underground storage tanks or tank systems must satisfy in the event of a confirmed release of jet fuel; and

     (2)  Establish a rebuttable presumption that any detection of these contaminants in the vicinity of an underground storage tank or a tank system after a confirmed release is a result of the confirmed release.

     Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; Honolulu Board of Water Supply; Ka Lāhui Hawaiʻi; Sierra Club of Hawaiʻi; Environmental Caucus of the Democratic Party of Hawaiʻi; 350Hawaii.org; Hawaiʻi Reef and Ocean Coalition; Free Access Coalition; and numerous individuals.  Your Committee received comments on this measure from the Department of Health.

     Your Committee finds that the contamination of groundwater and drinking water by jet fuel from underground storage tanks poses an unacceptable threat to public health and natural ecosystems.  This measure ensures that any release of jet fuel is fully remediated with the goal of complete removal, safeguarding Hawaii's water resources for future generations.

     Your Committee has amended this measure by:

     (1)  Clarifying that the cleanup and removal of jet fuel shall be to levels below the detection limits of the best and most sensitive technology and methods available, with the goal of complete remediation;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     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 S.B. No. 639, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 639, S.D. 1, H.D. 1, and be referred to your Committee on Water & Land.

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

STAND. COM. REP. NO. 875

Honolulu, Hawaii

RE:    S.B. No. 639

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 639, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO UNDERGROUND STORAGE TANKS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Clarify the level of environmental restoration that owners and operators of underground storage tanks or tank systems must satisfy in the event of a confirmed release of jet fuel from an underground storage tank or tank system;

     (2)  Establish that the environmental restoration shall require the cleanup and removal of jet fuel, including jet fuel additives and compounds resulting from the degradation of jet fuel or jet fuel additives, or the reaction of jet fuel or jet fuel additives with water or other chemicals, as soon as practicable, with the goal of complete removal; and

     (3)  Establish a rebuttable presumption that any detection of these contaminants in the vicinity of an underground storage tank or a tank system after a confirmed release is a result of the confirmed release.

     Your Committee received testimony in support of this measure from the Honolulu Board of Water Supply, Kalihi Palama Neighborhood Board No. 15, Green Party of Hawaiʻi, Greenpeace Hawaii, Free Access Coalition, Sierra Club of Hawaiʻi, 350Hawaii.org, Shimanchu Wai Protectors, Kūpuna for the Moʻopuna, Malama Kauaʻi, Ka Lahui Hawaiʻi, Environmental Caucus of the Democratic Party of Hawaiʻi, Save Medicaid Hawaii, and forty-eight individuals.

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

     Your Committee finds that protecting the State's finite natural resources is of paramount importance.  However, in the aftermath of the 2021 Red Hill fuel leaks, contamination of water resources from jet fuel poses a significant threat to public health, the natural environment, and surrounding areas that remain unaffected.  Full remediation of water resources is critical to providing residents with safe, clean drinking water while protecting other valuable resources from further contamination.  Therefore, this measure ensures continued accountability for jet fuel releases into aquifers while protecting residents from further public health emergencies arising from contaminated water resources.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 639, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 401

Honolulu, Hawaii

RE:    S.B. No. 639

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Health and Human Services and Agriculture and Environment, to which was referred S.B. No. 639 entitled:

"A BILL FOR AN ACT RELATING TO UNDERGROUND STORAGE TANKS,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Clarify the level of environmental restoration that owners and operators of underground storage tanks or tank systems must satisfy in the event of a confirmed release of jet fuel;

     (2)  Specify that the restoration condition and quality acceptable by the Department of Health shall include the complete removal of all jet fuel, including jet fuel additives and all compounds resulting from the degradation of jet fuel or jet fuel additives, or the reaction of jet fuel or jet fuel additives with water or other chemicals; and

     (3)  Establish a rebuttable presumption that any detection of these contaminants in the vicinity of an underground storage tank or a tank system after a confirmed release is a result of the confirmed release.

     Your Committees received testimony in support of this measure from the Honolulu Board of Water Supply, Sierra Club of Hawaiʻi, Democratic Party of Hawai‘i, Hawaiʻi Food+ Policy, Malama Makua, 350Hawaii.org, Kupuna for the Moopuna, Green Party of Hawaiʻi, Environmental Caucus of the Democratic Party of Hawai‘i, Church of the Crossroads, and thirty-three individuals.

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

     Your Committees find that the contamination of local groundwater and drinking water sources with jet fuel from underground storage tanks must not be tolerated.  Your Committees further find that as emphasized by state and county agency officials and elected leaders of the Red Hill Water Alliance Initiative, any contamination must be fully remediated--there should be no acceptable level of jet fuel in the State's precious and otherwise pure wai.  This measure establishes essential steps towards implementing the necessary remediation efforts of the State's waters and safeguarding the health and well-being of current and future generations.

     Your Committees acknowledge the testimony of the Department of Health requesting clarification of the standard for environmental restoration, stating that language in the measure requiring the cleanup and total removal of "all" jet fuel, including jet fuel additives and "all" compounds resulting from the degradation of jet fuel or jet fuel additives, is ambiguous.  Therefore, amendments to this measure are necessary to address this concern.

     Accordingly, your Committees have amended this measure by:

     (1)  Clarifying that the restoration of the environment shall require the cleanup and removal of jet fuel, including jet fuel additives and compounds resulting from the degradation of jet fuel or jet fuel additives, or the reaction of jet fuel or jet fuel additives with water or other chemicals, as soon as practicable, with the goal of complete removal; and

     (2)  Inserting an effective date of December 31, 2050, to encourage further discussion.

     As affirmed by the records of votes of the members of your Committees on Health and Human Services and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 639, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 639, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Agriculture and Environment,