STAND. COM. REP. NO. 2990

Honolulu, Hawaii

RE: S.B. No. 2600

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 2600, S.D. 1, 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:

(1) Prohibit issuance of permits for future underground storage tanks mauka of the underground injection control line as defined by the Department of Health beginning July 1, 2022; and

(2) Prohibit operation of and renewal of underground storage tank permits located mauka of the underground injection control line as defined by the Department of Health beginning January 1, 2023.

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, Livable Hawaii Kai Hui, Protect Kaho‘olawe ‘Ohana, Aloha ‘Āina Legal Group, Hawai‘i Alliance for Community-Based Economic Development, Hawaii Reef and Ocean Coalition, Surfrider Foundation O‘ahu Chapter, Hawai‘i Alliance for Progressive Action, Hawai‘i Public Health Institute, ‘Ahahui o nā Kauka, Environmental Caucus of the Democratic Party of Hawai‘i, Church of the Crossroads, 350 Hawaii, Free Access Coalition, and fifty-eight individuals. Your Committees received comments on this measure from the Department of Health.

Your Committees find that water is precious and the State has a duty to protect the islands' source of life for present and future generations. Recent events have displayed the devastating impacts that water contamination from leaking underground storage tanks may have on people and the environment, with additional effects likely to ripple across Oahu over the summer and into the foreseeable future. This measure will reduce the risk of large capacity underground storage tank systems leaking and contaminating potable drinking water aquifers by prohibiting the installation or continuance of large capacity underground storage tank systems within one-half mile from the outer edge of aquifers.

Your Committees have amended this measure by:

(1) Prohibiting only large capacity underground storage tank systems instead of all underground storage tanks;

(2) Defining "large capacity underground storage tank system";

(3) Defining "underground injection control line"; and

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

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2600, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 2600, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair