STAND. COM. REP. NO. 192

Honolulu, Hawaii

RE:    S.B. No. 1259

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committees on Agriculture and Environment and Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 1259 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 require the Department of Health to adopt rules for underground storage tank systems that conform with federal regulations and include additional requirements.

     Your Committees received testimony in support of this measure from the City and County of Honolulu Board of Water Supply, Conservation Council for Hawai‘i, Hawai‘i Alliance for Progressive Action, Sierra Club of Hawai‘i, Earthjustice, Ke One O Kākuhihewa Oahu Council of the Association of Hawaiian Civic Clubs, Young Progressives Demanding Action, and twenty-five individuals.  Your Committees received testimony in opposition to this measure from the United States Navy and Department of Defense, Department of Health Solid and Hazardous Waste Branch, and Chamber of Commerce Hawaii.

     Your Committees find that the leakage of fuel from underground storage tanks is a matter of statewide concern.  Fuel that leaks from storage tanks can contaminate groundwater that is used for human consumption and cause significant damage to the environment.  Issues surrounding leaking fuel storage tanks are numerous and need to be adequately addressed for the health and safety of Hawaii's people and environment.  The United States Navy stated to your Committees that there may be equivalent technology or other alternatives to double-walling the storage tanks that would provide an equivalent standard of safety.  Your Committees requested that the United States Navy follow up with your Committees with that information.

     Your Committees have amended this measure to:

     (1)  Require the Department of Health to adopt rules conforming Hawaii's underground storage tank and tank system rules with federal regulations by September 1, 2018; and

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

     As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Public Safety, Intergovernmental, and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1259, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1259, S.D. 1, and be referred to your Committees on Commerce, Consumer Protection, and Health and Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Public Safety, Intergovernmental, and Military Affairs,

________________________________ CLARENCE K. NISHIHARA, Chair

________________________________ MIKE GABBARD, Chair