STAND. COM. REP. NO. 2562

Honolulu, Hawaii

RE: S.B. No. 2601

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Health and Agriculture and Environment, to which was referred S.B. No. 2601 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) Require applications for underground storage tank permits to be accompanied by plans, specifications, and other necessary information;

(2) Remove the provision allowing for the automatic grant of permits for underground storage tanks;

(3) Require the Director of Health to modify, suspend, or revoke a permit if there is a violation of the permit, the permit was obtained by misrepresentation, or if there was a release of regulated substances.

Your Committees received testimony in support of this measure from the City and County of Honolulu Board of Water Supply, Hawai‘i Nurses' Association, Livable Hawaii Kai Hui, Hawai‘i Alliance for Progressive Action, and eight individuals. Your Committees received comments on this measure from the Department of Health.

Your Committees find that 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." Article XI, section 7, Hawaii State Constitution. Aging underground storage tanks pose a significant threat of leaking hazardous substances into the ground, contaminating the State's drinking water. Such a leak and contamination occurred in November of 2021, when the Navy confirmed that petroleum leaked from its Red Hill Underground Bulk Fuel Storage Facility into Oahu's drinking water. This measure requires all applications for underground storage tank permits to be accompanied by specified information, removes automatic grants of permits, and requires the Director of Health to take certain action on any permit violation.

Your Committees have amended this measure by:

(1) Inserting an effective date of January 1, 2050, to encourage further discussion; and

(2) 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 Health and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2601, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2601, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Health and Agriculture and Environment,

________________________________ MIKE GABBARD, Chair

________________________________ JARRETT KEOHOKALOLE, Chair