SB2390

SECTION 1. The legislature finds that protection of the State's natural resources, including state waters, is critical to ensure a clean environment. On May 25, 2023, the Supreme Court of the United States limited the jurisdiction of the Clean Water Act, title 33 United States Code section 1251, et seq. in Sackett v. Environmental Protection Agency, 598 US (2023). The Supreme Court limited the federal definition of "navigable waters" to exclude wetlands that lack a "continuous surface connection" with other navigable waters. The limited scope of "navigable waters" created a gap in protections for many wetlands throughout the country, leaving critical natural resources vulnerable to harmful pollutants.

The legislature further finds that the department of health has broad regulatory authority to control and enforce water quality standards statewide. The department of health utilizes the issuance of federally authorized permits and certificates to control the quality of state waters and protect areas from hazardous waste and pollution. While existing law authorizes the department of health to issue permits and variances, additional clarity and regulation is necessary to ensure the protection of state waters.

Accordingly, the purpose of this Act is to:

(1) Define "isolated wetland" and "wetland";

(2) Clarify the scope of "state waters" to include wetlands and isolated wetlands;

(3) Require the director of health to determine whether wetlands in the State are isolated wetlands or waters of the United States; and

(4) Prohibit persons from discharging any water pollutant into or at any location that enters state waters.

SECTION 2. Section 342D-1, Hawaii Revised Statutes, is amended as follows:

1. By adding two new definitions to be appropriately inserted and to read:

""Isolated wetland" means a wetland that is not included in navigable waters of the United States as defined in title 33 United States Code section 1362(7).

"Wetland" means an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances, does support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include but are not limited to:

(1) Swamps;

(2) Marshes;

(3) Bogs;

(4) Fens; and

(5) Other similar areas."

2. By amending the definition of "state waters" to read:

""State waters" means all waters, fresh, brackish, or salt, around and within the State, including but not limited to coastal waters, wetlands, streams, rivers, drainage ditches, ponds, reservoirs, wetlands including but not limited to isolated wetlands, canals, ground waters, and lakes; provided that drainage ditches, ponds, and reservoirs required as a part of a water pollution control system are excluded. "State waters" also includes all waters that are within the scope of navigable waters of the United States as defined in title 33 United States Code section 1362(7)."

SECTION 3. Section 342D-4, Hawaii Revised Statutes, is amended to read as follows:

"§342D-4 Duties; rules. (a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate water pollution in the State and may control all management practices for domestic sewage, sewage sludge, and recycled water, whether or not the practices cause water pollution. In the discharge of this duty, the director may adopt rules pursuant to chapter 91 necessary for the purposes of this chapter. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules.

(b) In furtherance of these duties and powers, the director shall delineate all wetlands within the State. Delineations shall include a determination whether a wetland is an isolated wetland or is included in waters of the United States."

SECTION 4. Section 342D-50, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person, including any public body, shall discharge into any state waters or into or at any location that may cause or allow any water pollutant to enter into state waters, [~~or cause or allow any water pollutant to enter state waters~~] except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit, water quality certification, or variance issued by the director."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Department of Health; Wetlands; Isolated Wetlands; State Waters; Water Pollution

Description:

Defines "isolated wetlands" and "wetlands". Clarifies the definition of "state waters" to include wetlands and isolated wetlands. Requires the Director of Health to determine all wetlands in the State, including whether a wetland is an isolated wetland or is included in the waters of the United States. Prohibit persons from discharging any water pollutant into or at any location that enters state waters.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

THE SENATE	S.B. NO.	2390
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII