SB664

SECTION 1. The legislature finds that the contamination of water sources threatens the public health and safety of the State. Recent incidents, including leaks at the Red Hill underground fuel storage facility and the contamination of United States Navy waterlines with petroleum and PFAS (per- and polyfluoroalkyl substances) at former military installations, such as Kapilina Beach Homes in Ewa Beach, have highlighted the urgent need for comprehensive water quality testing. These leaks pose a serious, significant health and environmental risk to approximately ninety-three thousand military service members and their families, as well as the civilian residents at Kapilina Beach Homes, which remains on the military waterline system.

Remnants of JP-5 and JP-8 jet fuels in drinking water from the Red Hill underground fuel storage facility underscore the importance of stringent water quality standards and the need for regular testing to prevent contamination and protect public health. The Red Hill bulk fuel facility has experienced multiple leaks of petroleum constituents, including:

(1) On May 6, 2021, a pressure surge caused the failure of a pipeline joint, releasing over nineteen thousand gallons of JP-5 jet fuel. The United States Navy stated that it was unaware that this leak caused petroleum jet fuel to collect in the fire suppression line. The jet fuel ran down the tunnel floor into containment trenches and eventually into a fire suppression system fluid sump. This sump pushed the fuel down the tunnel into a fire suppression system fluid drain pipeline, where the jet fuel remained until it ruptured when maintenance personnel hit the pipeline while operating a maintenance vehicle on November 20, 2021;

(2) The ruptured drain pipeline released approximately nineteen thousand gallons of jet fuel into a sole source aquifer. This incident was exacerbated by substandard pipeline material and the lack of blueprints to the eighty-year-old pipelines of the fire suppression system; and

(3) On November 29, 2022, an estimated thirteen hundred gallons of aqueous film-forming foam (AFFF) concentrate was released at adit 6 of the facility due to human error during a routine maintenance check of substandard polyvinyl chloride pipes. AFFF concentrate is required to be encased in pipes made of metal, not polyvinyl chloride.

The use of AFFF concentrate, which contains PFAS, has resulted in the widespread contamination of water sources, leading to serious health concerns. Studies have shown that PFAS exposure is associated with various cancers and other health problems. The presence of marine diesel and other petroleum products in water sources in the State has also been linked to severe health issues, necessitating immediate action to mitigate risks.

The legislature further finds that the contamination of waterlines at Kapilina Beach Homes, a former military installation now housing civilians, has resulted in a visible sheen in tap water and numerous residents experiencing symptoms of petroleum contamination and poisoning. This situation further underscores the need for expanded water quality testing in the State to include residential and commercial properties.

Accordingly, the purpose of this Act is to expand the duties and powers of the department of health that relate to water quality and water quality testing to ensure the safety and health of Hawaii's residents.

SECTION 2. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342D- Powers and duties to conduct water quality testing. (a) The department shall conduct water quality testing in public and private water systems, as well as in residential and commercial properties, with the knowledge and consent of the property owner or occupier, to ensure compliance with water quality standards and to protect public health and the environment.

(b) If consent to conduct water quality testing is not granted, the director may seek a court order authorizing the department to conduct water quality testing if there is a reasonable belief that the water quality in the public or private water system, or residential or commercial property, poses a significant risk to public health.

(c) In emergency situations where consent to conduct water quality testing is unreasonably withheld, the department may impose penalties on the property owner or occupier for noncompliance. The penalties shall be determined by the director based on the severity of the risk to public health and the environment.

(d) The department shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section."

SECTION 3. Section 342-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Water quality testing" means the process of analyzing water samples to determine the presence and concentration of contaminants, pollutants, and other substances that may affect human health and the environment."

SECTION 4. The department of health:

(1) Shall establish protocols and procedures for water quality testing, including the collection, analysis, and reporting of water samples in public and private water systems, as well as in residential and commercial properties;

(2) Shall conduct public awareness campaigns and educational programs on water quality issues, testing procedures, and preventive measures to ensure that residents and businesses are informed and proactive about water safety;

(3) May pursue grants, request budget adjustments, and seek partnerships with federal and state agencies to ensure adequate funds and resources for the department to effectively carry out its expanded duties relating to water quality testing as established by this Act;

(4) Shall publish regular reports on water quality testing results, including data from residential and commercial properties, to promote transparency and accountability;

(5) Shall develop and implement an emergency response plan in the event of any significant water contamination events, outlining steps to protect public health and mitigate environmental damage;

(6) Shall collaborate with other relevant agencies such as the United State Environmental Protection Agency and local water utilities to ensure a coordinated approach to water quality management; and

(7) Shall periodically review and amend, as necessary, the water testing protocols and procedures established under paragraph (1) to ensure that they remain updated and effective in addressing emerging contaminants and threats.

SECTION 5. (a) The department of health may collaborate with United States military installations in the State on public health initiatives, environmental health assessments, and emergency response planning. This collaboration may include:

(1) Conducting joint health and environmental risk assessments;

(2) Providing technical assistance and support during public health emergencies; and

(3) Participating in the development and implementation of health and safety protocols.

(b) The department of health shall enter into agreements with the United States Department of Defense to allow for department oversight of, and support in, certain situations, such as public health emergencies and environmental contamination incidents. These agreements shall outline the scope of involvement and responsibilities of each party.

(c) The department of health shall request regular reports from the United States Department of Defense on the health and environmental conditions of the military housing complexes in the State, including information on any identified risks, mitigation efforts, and ongoing monitoring activities.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the department of health to effectively carry out its expanded duties relating to water quality and water quality testing as established by this Act.

The sums appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the research and development of new technologies and methods for water quality testing and contamination prevention in the State.

The sums appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 8. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2025.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	664
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII