SB3005.DOC

SECTION 1. The legislature finds that the Red Hill Bulk Fuel Storage Facility is an important symbol of Hawaii's integral role in United States military operations. The facility is under the sole control of the United States Navy and has held fuel for the United States Navy since the 1940s. Recognized as a National Historic Civil Engineering Landmark, the Red Hill fuel storage facility consists of twenty underground fuel storage tanks and is capable of holding more than two hundred and fifty million gallons of fuel.

The legislature further finds that the facility has a history of fuel being released through leaks from the storage tanks. These releases of fuel can affect the nearby groundwater and the health of the population in the area.

The legislature further finds that in response to releases from the facility, the United States Navy, the United States Defense Logistics Agency, the United States Environmental Protection Agency, and the Hawaii department of health began negotiating an enforceable agreement. After a period of public comment, the final version of this agreement, Administrative Order on Consent, EPA Docket No. RCRA 7003-R9-2015-01, DOH Docket No. 15-UST-EA-01, became effective on September 28, 2015. The Administrative Order on Consent establishes a timeframe for the Navy and the Defense Logistics Agency to evaluate and remediate existing contamination to the extent practicable in the vicinity of the Red Hill Bulk Fuel Storage Facility, as well as to evaluate and implement measures to prevent future releases.

The legislature further finds that the primary goal of the Administrative Order on Consent is to ensure the long-term protection of groundwater resources in the vicinity of the Red Hill Bulk Fuel Storage Facility. The initial phases of the Administrative Order on Consent focus on accomplishing the extremely complex and critical work of evaluating, designing, and selecting cleanup specifics and upgrade technologies for the massive, uniquely engineered tanks, which are believed to be the largest underground fuel tanks in the world. The work table for the Administrative Order on Consent, however, does not explicitly provide a specific due date by which all leaks to the fuel tanks shall be repaired. Rather, the work table establishes deadlines that are relative to other unspecified deadlines for approvals and meetings.

The legislature further finds that due to the lack of certainty inherent in the Administrative Order on Consent's schedule of work, the State has an urgent public health interest in monitoring the Navy and the Defense Logistics Agency's compliance with the Administrative Order on Consent.

The purpose of this Act is to protect public health by:

(1) Appropriating moneys to the department of health to:

(A) Establish five full-time positions (5.0 FTE); and

(B) Contract with consultants with expertise in hydrology, geology, underground storage tanks, or other areas relevant to the storage of fuel, public health, or environmental health, as necessary;

to monitor the Navy and the Defense Logistics Agency's compliance with the Administrative Order on Consent.

(2) Requiring the department of health to seek reimbursement from the Navy and the Defense Logistics Agency for the foregoing appropriated moneys; and

(3) Requiring the department of health to submit annual reports to the legislature regarding the Navy and the Defense Logistics Agency's compliance with the Administrative Order on Consent.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $110,472 or so much thereof as may be necessary for fiscal year 2016-2017 for the department of health to hire two full-time equivalent geologist I employees (2.0 FTE) to monitor the United States Navy and the United States Defense Logistics Agency's compliance with Administrative Order on Consent, EPA Docket No. RCRA 7003-R9-2015-01, DOH Docket No. 15-UST-EA-01.

The sum appropriated shall be expended by the department of health for the purposes of this Act; provided that the department of health shall seek reimbursement from the United States Navy and the United States Defense Logistics Agency for this expenditure.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $144,864 or so much thereof as may be necessary for fiscal year 2016-2017 for the department of health to hire two full-time equivalent engineer IV employees (2.0 FTE) to monitor the United States Navy and the United States Defense Logistics Agency's compliance with Administrative Order on Consent, EPA Docket No. RCRA 7003-R9-2015-01, DOH Docket No. 15-UST-EA-01.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $49,056 or so much thereof as may be necessary for fiscal year 2016-2017 for the department of health to hire one full-time equivalent environmental health specialist IV employee (1.0 FTE) to monitor the United States Navy and the United States Defense Logistics Agency's compliance with Administrative Order on Consent, EPA Docket No. RCRA 7003-R9-2015-01, DOH Docket No. 15-UST-EA-01.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000 or so much thereof as may be necessary for fiscal year 2016-2017 for the department of health to contract with consultants with expertise in hydrology, geology, underground storage tanks, or other areas relevant to the storage of fuel, public health, or environmental health to monitor the United States Navy and the United States Defense Logistics Agency's compliance with Administrative Order on Consent, EPA Docket No. RCRA 7003-R9-2015-01, DOH Docket No. 15-UST-EA-01.

SECTION 6. (a) The department of health, at least twenty days before the convening of each regular session, beginning with the 2017 regular session, shall report annually to the legislature on the status of the United States Navy and the United States Defense Logistics Agency's compliance with Administrative Order on Consent, EPA Docket No. RCRA 7003-R9-2015-01, DOH Docket No. 15-UST-EA-01, until the United States Navy and the United States Defense Logistics Agency have fulfilled all of their obligations under the Administrative Order on Consent.

SECTION 7. This Act shall take effect on July 1, 2016.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3005
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII