SB 738: RELATING TO WASTEWATER MANAGEMENT.

A BILL FOR AN ACT

RELATING TO WASTEWATER MANAGEMENT.

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

     SECTION 1.  Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§342D-    Testing for perfluoroalkyl and polyfluoroalkyl substances.  A wastewater treatment works that has been designed and approved for land application of its sewage sludge shall test sewage sludge and any other residual material that is intended for land application for the presence of perfluoroalkyl and polyfluoroalkyl substances."

     SECTION 2.  Section 342D-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means fluorinated substances that contain either a perfluoroalkyl moiety with two adjacent fully fluorinated carbons or perfluoroalkyl ether moiety; or at least one full fluorinated methyl or methylene carbon atom without any hydrogen, chlorine, bromine, or iodine atom attached to it.  "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" includes any chemical with at least a perfluorinated methyl group (-CF3) or a perfluorinated methylene group (CF2-)."

     SECTION 3.  Section 342D-5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§342D-5[]]  Rules; specific.  The director may establish by rule, water quality standards, effluent standards, treatment and pretreatment standards, and standards of performance for specific areas and types of discharges in the control of water pollution, thereby allowing for varying local conditions[.]; provided that the director shall adopt rules providing for the safe disposal and sequestration of sewage sludge and other residual materials accumulated at a wastewater treatment works that contain specific amounts of perfluoroalkyl and polyfluoroalkyl substances."

     SECTION 4.  Section 342D-6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The director shall issue a permit for any term, not exceeding five years, if the director determines that it will be in the public interest; provided that the permit may be subject to any reasonable conditions that the director may prescribe.  The director may include conditions in permits or may issue separate permits for management practices for domestic sewage, sewage sludge, and recycled water, regardless of whether the practices cause water pollution[.]; provided that if testing conducted pursuant to section 342D-   yields any amount of perfluoroalkyl or polyfluoroalkyl substances in sewage sludge or any other residual material, a permit shall not authorize the land application of that sewage sludge or other residual material on land used for agronomic purposes, on land where drainage tiles have been installed, on land that drains into waters of the State, or lands in a five hundred-year floodplain.  The director, on application, shall renew a permit from time to time, for a term not exceeding five years, if the director determines that it will be in the public interest.  The director shall not grant or deny an application for the issuance or renewal of a permit without affording the applicant and any person who commented on the proposed permit during the public comment period an opportunity for a hearing in accordance with chapter 91.  A request for a hearing and any judicial review of the hearing shall not stay the effect of the issuance or renewal of a permit unless specifically ordered by the director or an environmental court."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on December 31, 2050.

Report Title:

DOH; Perfluoroalkyl and Polyfluoroalkyl Substances; PFAS; Wastewater Management; Testing; Rules; Permits; Prohibition

Description:

Requires a wastewater treatment works to test sewage sludge and any other residual material for the presence of PFAS.  Requires the Department of Health to adopt administrative rules for the safe disposal and sequestration of sewage sludge and other residual material that contain specific amounts of PFAS.  Prohibits the issuance or renewal of permits if testing yields PFAS in sewage sludge or other residual material on land used for agronomic purposes, on land where drainage tiles have been installed, on land that drains into waters of the State, or land in a five hundred-year floodplain.  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 wastewater management.

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

     SECTION 1.  Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§342D-    Testing for perfluoroalkyl and polyfluoroalkyl substances.  A wastewater treatment plant shall test sewage sludge and any other residual material that is intended for land application for the presence of perfluoroalkyl and polyfluoroalkyl substances."

     SECTION 2.  Section 342D-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning as defined in section 321-601."

     SECTION 3.  Section 342D-4, Hawaii Revised Statutes, is amended to read as follows:

     "§342D-4  Duties; rules.  In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate water pollution in the State and may control all management practices for domestic sewage, sewage sludge, [and] recycled water, and other residual materials or sewage sludge accumulated at a wastewater treatment plant that may contain any amount of perfluoroalkyl and polyfluoroalkyl substances, whether or not the practices cause water pollution.  In the discharge of this duty, the director may adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.  Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules."

     SECTION 4.  Section 342D-5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§342D-5[]]  Rules; specific.  The director may establish by rule, water quality standards, effluent standards, treatment and pretreatment standards, and standards of performance for specific areas and types of discharges in the control of water pollution, thereby allowing for varying local conditions[.]; provided that the director shall adopt rules providing for the safe disposal and sequestration of sewage sludge and other residual materials accumulated at a wastewater treatment plant that contain any amount of perfluoroalkyl and polyfluoroalkyl substances."

     SECTION 5.  Section 342D-6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The director shall issue a permit for any term, not exceeding five years, if the director determines that it will be in the public interest; provided that the permit may be subject to any reasonable conditions that the director may prescribe.  The director may include conditions in permits or may issue separate permits for management practices for domestic sewage, sewage sludge, and recycled water, regardless of whether the practices cause water pollution[.]; provided that if testing conducted pursuant to section 342D-   yields any amount of perfluoroalkyl or polyfluoroalkyl substances in sewage sludge or any other residual material, a permit shall not authorize the land application of that sewage sludge or other residual material on land used for agronomic purposes, on land where drainage tiles have been installed, on land that drains into waters of the State, or lands in a five hundred-year floodplain.  The director, on application, shall renew a permit from time to time, for a term not exceeding five years, if the director determines that it will be in the public interest.  The director shall not grant or deny an application for the issuance or renewal of a permit without affording the applicant and any person who commented on the proposed permit during the public comment period an opportunity for a hearing in accordance with chapter 91.  A request for a hearing and any judicial review of the hearing shall not stay the effect of the issuance or renewal of a permit unless specifically ordered by the director or an environmental court."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

DOH; Perfluoroalkyl and Polyfluoroalkyl Substances; PFAS; Wastewater Management; Testing; Rules; Permits; Prohibition

Description:

Requires a wastewater treatment plant to test sewage sludge and any other residual material for the presence of PFAS.  Requires the Department of Health to adopt administrative rules for the safe disposal and sequestration of sewage sludge and other residual material that contain any amount of PFAS.  Prohibits the issuance or renewal of permits if testing yields PFAS in sewage sludge or other residual material on land used for agronomic purposes, on land where drainage tiles have been installed, on land that drains into waters of the State, or land in a five hundred-year floodplain.

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. 557

Honolulu, Hawaii

RE:    S.B. No. 738

       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. 738 entitled:

"A BILL FOR AN ACT RELATING TO WASTEWATER MANAGEMENT,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require a wastewater treatment plant to test sewage sludge and any other residual material for the presence of perfluoroalkyl and polyfluoroalkyl substances (PFAS);

     (2)  Require the Department of Health to adopt administrative rules for the safe disposal and sequestration of sewage sludge and other residual material that contain any amount of PFAS; and

     (3)  Prohibit the issuance or renewal of permits if testing yields PFAS in sewage sludge or other residual material on land used for agronomic purposes, on land where drainage tiles have been installed, on land that drains into waters of the State, or land in a five hundred-year floodplain.

     Your Committees received testimony in support of this measure from the Hawaiʻi Reef and Ocean Coalition, Environmental Caucus of the Democratic Party of Hawaiʻi, Energy Justice Network, Health Committee of the Democratic Party of Hawaiʻi, and twelve individuals.

     Your Committees received testimony in opposition to this measure from the Department of Environmental Services of the City and Council of Honolulu.

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

     Your Committees find that given the health risks of even very low levels of PFAS, wastewater treatment plants should test sewage sludge for PFAS before any land application.  Your Committees further find that this testing is crucial due to the persistent and bioaccumulative nature of PFAS, which pose significant environmental and public health risks.  This measure mandates the testing and safe disposal of sewage sludge to significantly reduce the risk of PFAS pollution in the State.

     Your Committees have amended this measure by:

     (1)  Replacing the phrase "wastewater treatment plant" with "wastewater treatment works" as defined in section 342D‑1, Hawaii Revised Statutes;

     (2)  Clarifying that the PFAS testing requirement applies to a wastewater treatment works that has been designed and approved for land application of its sewage sludge;

     (3)  Changing the definition of "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS";

     (4)  Deleting section 3, which would have authorized the Director of Health to control all management practices for other residual materials or sewage sludge accumulated at a wastewater treatment plant that may contain any amount of PFAS, as this provision is already authorized under section 342D‑4, Hawaii Revised Statutes;

     (5)  Clarifying that the Director of Health's adopted rules for the safe disposal and sequestration of other residual materials accumulated at a wastewater treatment works that contain PFAS shall be for residual materials that contain specific amounts of PFAS, rather than any amount of PFAS;

     (6)  Inserting an effective date of December 31, 2050, to encourage further discussion; and

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

     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. 738, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 738, S.D. 1, and be referred to your Committee on Ways and Means.

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