Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Energy, Environment, and International Affairs, to which was referred S.B. No. 15 entitled:

begs leave to report as follows:

The purpose of this measure is to prohibit adding chemicals to public and private water systems for purposes other than to make the water supply safe and potable. Adding chemicals to the water supply to treat people for physical or mental ailments would be prohibited.

Testimony in support of the measure was received from Citizens for Safe Drinking Water, the Oahu County Committee of the Democratic Party of Hawaii, and 22 individuals. Several petitions voicing support for the measure, signed by a number of individuals, were also submitted. Testimony in opposition to the measure was received from the Director of Health, Hawaii Dental Service, the Hawaii Dental Hygienists' Association, and a dentist.

Your Committee finds that Hawaii is known for its pristine, refreshing waters; they should be protected in as pure a state as possible. Your Committee finds that certain chemicals, such as chlorine, are necessary additives to protect the public from water-borne diseases. However, your Committee also finds that other chemicals, added ostensibly as medication to treat or prevent certain illnesses, negatively affect the purity of the water supply. Further, your Committee finds that some people may have adverse reactions to some of these kinds of additives, and will thus be unable to drink water from public and private water systems. Your Committee also finds that application of this prohibition statewide is necessary to provide the benefits of this measure to all state residents.

Your Committee has amended this measure by noting that the prohibition on additives does not apply to any federal or military water systems that service only federal or military properties. Your Committee has also amended this measure to recognize that federal laws and regulations regarding additives in drinking water are unaffected by this measure. Your Committee has further amended this measure by providing that violation of this measure's provisions regarding water additives shall result in a $25,000 penalty per day, per violation.

As affirmed by the record of votes of the members of your Committee on Energy, Environment, and International Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 15, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 15, S.D. 1, and be placed on the calendar for Third Reading.