STAND. COM. REP. NO. 1247

Honolulu, Hawaii

, 2025

RE: S.B. No. 639

S.D. 1

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Energy & Environmental Protection, to which was referred S.B. No. 639, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Clarify the level of environmental restoration that owners and operators of underground storage tanks or tank systems must satisfy in the event of a confirmed release of jet fuel; and

(2) Establish a rebuttable presumption that any detection of these contaminants in the vicinity of an underground storage tank or a tank system after a confirmed release is a result of the confirmed release.

Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; Honolulu Board of Water Supply; Ka Lāhui Hawaiʻi; Sierra Club of Hawaiʻi; Environmental Caucus of the Democratic Party of Hawaiʻi; 350Hawaii.org; Hawaiʻi Reef and Ocean Coalition; Free Access Coalition; and numerous individuals. Your Committee received comments on this measure from the Department of Health.

Your Committee finds that the contamination of groundwater and drinking water by jet fuel from underground storage tanks poses an unacceptable threat to public health and natural ecosystems. This measure ensures that any release of jet fuel is fully remediated with the goal of complete removal, safeguarding Hawaii's water resources for future generations.

Your Committee has amended this measure by:

(1) Clarifying that the cleanup and removal of jet fuel shall be to levels below the detection limits of the best and most sensitive technology and methods available, with the goal of complete remediation;

(2) Changing the effective date to July 1, 3000, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 639, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 639, S.D. 1, H.D. 1, and be referred to your Committee on Water & Land.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

____________________________

NICOLE E. LOWEN, Chair