CONFERENCE COMMITTEE REP. NO. 239-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 2600

S.D. 2

H.D. 2

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2600, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO UNDERGROUND STORAGE TANKS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Beginning July 1, 2022, prohibit the issuance of permits for future large capacity underground storage tank systems mauka of the underground injection control line; and

(2) Beginning January 1, 2023, prohibit the operation of, and renewal of permits for, large capacity underground storage tank systems located mauka of the underground injection control line.

Your Committee on Conference finds that article XI, section 7, of the Hawaii State Constitution requires the State to "protect, control and regulate the use of Hawaii's water resources for the benefit of its people." Aging underground storage tanks threaten to leak hazardous substances into the ground and contaminate the State's precious supply of drinking water. In November 2021, the State experienced such an occurrence when the United States Navy confirmed that petroleum leaked from its Red Hill Underground Bulk Fuel Storage Facility, contaminating a portion of Honolulu's water supply. This measure reduces the risks of hazardous substances leaking from large capacity underground storage tank systems into the State's drinking water by prohibiting permits for and operations of these systems.

Your Committee on Conference has amended this measure by:

(1) Changing the prohibition date for the operation of, and renewal of permits for, large capacity underground storage tank systems located mauka of the underground injection control line to July 1, 2022;

(2) Allowing the operation of large capacity underground storage tanks systems after July 1, 2022, provided the operation is necessary to address maintenance required to safely support defueling, environmental requirements, any operations directly related to defueling, or requirements under section 342L-9, Hawaii Revised Statutes;

(3) Adding a definition for "mauka" consistent with the Hawaii Administrative Rules;

(4) Changing the effective date to upon its approval; and

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

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2600, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2600, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ RYAN I. YAMANE Co-Chair	____________________________ JARRETT KEOHOKALOLE Chair
____________________________ NICOLE E. LOWEN Co-Chair	____________________________ MIKE GABBARD Co-Chair
____________________________ AARON LING JOHANSON Co-Chair	____________________________ LAURA ACASIO Co-Chair
____________________________ ADRIAN K. TAM Co-Chair	____________________________ GLENN WAKAI Co-Chair