STAND. COM. REP. NO. 875

Honolulu, Hawaii

RE: S.B. No. 639

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Judiciary, 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 and intent 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 from an underground storage tank or tank system;

(2) Establish that the environmental restoration shall require the cleanup and removal of jet fuel, including jet fuel additives and compounds resulting from the degradation of jet fuel or jet fuel additives, or the reaction of jet fuel or jet fuel additives with water or other chemicals, as soon as practicable, with the goal of complete removal; and

(3) 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 Honolulu Board of Water Supply, Kalihi Palama Neighborhood Board No. 15, Green Party of Hawaiʻi, Greenpeace Hawaii, Free Access Coalition, Sierra Club of Hawaiʻi, 350Hawaii.org, Shimanchu Wai Protectors, Kūpuna for the Moʻopuna, Malama Kauaʻi, Ka Lahui Hawaiʻi, Environmental Caucus of the Democratic Party of Hawaiʻi, Save Medicaid Hawaii, and forty-eight individuals.

Your Committee received comments on this measure from the Department of Health.

Your Committee finds that protecting the State's finite natural resources is of paramount importance. However, in the aftermath of the 2021 Red Hill fuel leaks, contamination of water resources from jet fuel poses a significant threat to public health, the natural environment, and surrounding areas that remain unaffected. Full remediation of water resources is critical to providing residents with safe, clean drinking water while protecting other valuable resources from further contamination. Therefore, this measure ensures continued accountability for jet fuel releases into aquifers while protecting residents from further public health emergencies arising from contaminated water resources.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 639, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair