STAND.
COM. REP. NO. 431-22
Honolulu, Hawaii
, 2022
RE: H.B. No. 2274
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-First State Legislature
Regular Session of 2022
State of Hawaii
Sir:
Your Committees on Health, Human Services, & Homelessness and Energy & Environmental Protection, to which was referred H.B. No. 2274 entitled:
"A BILL FOR AN ACT RELATING TO UNDERGROUND FUEL STORAGE TANKS,"
beg leave to report as follows:
The
purpose of this measure is to:
(1) Prohibit the Department of Health from issuing new permits for underground fuel storage tanks within one-half mile of an aquifer;
(2) Prohibit the renewal of permits for underground fuel storage tanks within one-half mile of an aquifer beginning January 1, 2050; and
(3) Create a new definition for "underground fuel storage tanks", to include tanks with a capacity at or greater than one hundred gallons.
Your Committees received testimony in support of this measure
from the Department of Land and Natural Resources, Honolulu Board of Water
Supply, Sierra Club of Hawai‘i, Surfrider Foundation Hawai‘i
Region, Hawaii Children's Action Network Speaks!, Environmental Caucus of the
Democratic Party of Hawai‘i, Hawai‘i
Public Health Institute, Faith Action for Community Equity Environmental
Justice Task Force, ‘Ahahui o na Kauka – Association of Native
Hawaiian Physicians, 350Hawaii.org, Americans for Democratic Action, Hawai‘i
Alliance for Progressive Action, Hawai‘i Alliance for Community-Based Economic Development,
Wai Ola Alliance, Ko‘olau Waialua Alliance, Council for Native
Hawaiian Advancement, and numerous individuals.
Your Committees received comments on this measure from the Department of
Health, Department of Transportation, Office of Planning and Sustainable
Development, Hawaii Petroleum Marketers Association, Hawaii Military Affairs
Council, and two individuals.
Your Committees find
that the purity and safety of the State's fresh water is in jeopardy of
contamination from fuel leaking from underground fuel storage tanks. Your Committees further find that prohibiting
the installation or continuance of large capacity underground fuel storage tanks
near aquifers will mitigate the risk of leaked fuel contaminating the State's
freshwater resources.
Your Committees have heard the
concerns raised in testimony that this measure, as written, would have unintended
consequences, including forcing the shutdown of every gas station in the State
and impacting the fuel storage for emergency generators at hospitals and other
critical locations. Amendments to this
measure are therefore necessary to address these concerns, while still ensuring
that the State's drinking water resources are protected.
Your
Committees have amended this measure by:
(1) Prohibiting the Department of Health from issuing
permits for new large capacity underground storage tank systems located mauka
of the applicable underground injection control line, except where the permit is
to repair or replace an existing underground storage tank;
(2) Prohibiting the operation of and renewal of
permits for all large capacity underground storage tank systems located mauka
of the applicable underground injection control line after January 1, 2045;
(3) Inserting definitions for "large capacity
underground storage tank system", "mauka", and "underground
injection control line";
(4) Changing the effective date to July 1, 2060,
to encourage further discussion; and
(5) Making technical, nonsubstantive amendments
for the purposes of clarity, consistency, and style.
As affirmed by the records of votes of the members of your Committees on Health, Human Services, & Homelessness and Energy & Environmental Protection that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2274, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2274, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.
Respectfully submitted on behalf of the members of the Committees on Health, Human Services, & Homelessness and Energy & Environmental Protection,
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____________________________ NICOLE E. LOWEN, Chair |
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____________________________ RYAN I. YAMANE, Chair |
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