Bill Text: HI HB661 | 2019 | Regular Session | Introduced

Hawaii House Bill 661 (Prior Session Legislation)

Introduced

Bill Title: Relating To Health.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2019-01-24 - Referred to EEP/HLT, JUD, FIN, referral sheet 5 [HB661 Detail]

Download: Hawaii-2019-HB661-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	661
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

relating TO HEALTH.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

SECTION 1. The legislature finds that the lands and waters of Hawaii are unique, delicately balanced resources, and their protection is vital to the economy of the State. Specifically, the protection of the State's groundwater supply is a matter of utmost concern. As the primary source of potable water in the State, Hawaii's groundwater must be preserved in as close to pristine condition as possible while accommodating the needs of multiple public and private users.

The legislature finds that the regulation of underground storage tanks and tank systems is intended to protect the environment by preventing the release of petroleum and other hazardous substances into the environment. The storage of petroleum products and hazardous substances in underground storage tank systems is a precarious undertaking, and the spills, discharges, and releases of the substances that may occur as a result of private and governmental actions involving the storage of these products can pose serious threats to the environment, people, and other interests deriving livelihood from the State. These hazards have occurred in the past, and future potentially catastrophic threats must be addressed and mitigated.

The purpose of this part is to protect the State's underground drinking water sources and surrounding environment by requiring the administrative rules adopted by the department of health relating to underground storage tanks and tank systems to conform with, and be no less stringent than, federal regulations governing underground storage tank systems.

SECTION 2. Section 342L-32, Hawaii Revised Statutes, is amended to read as follows:

"§342L-32 Standards for underground storage tanks and tank systems. (a) The department shall adopt [~~standards under~~] rules, pursuant to chapter 91 [~~which shall apply to~~], that establish standards for underground storage tanks and tank systems[.]; provided that standards shall conform with, and be no less stringent than, the federal regulations relating to underground storage tanks in title 40 Code of Federal Regulations part 280, as amended.

(b) Underground storage tank and tank system standards shall include, but are not limited to the following specifications:

(1) The tank and tank system shall be designed, constructed, installed, upgraded, maintained, repaired, and operated to prevent releases of the stored regulated substances for the operational life of the tank or tank system; and

(2) The material used in the construction or lining of the tank or tank system is compatible with the substance to be stored[~~; and~~

~~(3)~~ ~~Existing underground storage tanks or existing tank systems shall be replaced or upgraded not later than December 22, 1998, to prevent releases for their operating life~~]."

PART II

SECTION 3. The legislature finds that the Red Hill bulk fuel storage facility, the State's largest field-constructed underground storage tank system, stores more fuel in a single location than any other underground storage tank system in Hawaii. The facility stores up to 187,000,000 gallons of fuel per day, has a total capacity of 250,000,000 gallons, and is located only one hundred feet above a federally designated sole-source aquifer drinking water source. Petroleum-related compounds have been detected in groundwater monitoring wells at Red Hill on more than one occasion, and a release of approximately twenty-seven thousand gallons of petroleum products in 2014 further endangered Hawaii's groundwater resources.

The purpose of this part is to establish the Red Hill task force to ensure that the Red Hill bulk fuel storage facility is in compliance with the administrative order on consent with the department of health, docket no. 15-UST-EA-01, and administrative rules adopted pursuant to section 342L-32, Hawaii Revised Statutes, with the goal of protecting Hawaii's groundwater supply.

SECTION 4. (a) There is established the Red Hill task force to study the implementation of the containment of the Red Hill fuel storage facility and to report to the legislature.

(b) The task force shall be composed of the following members or their designees:

(1) The governor;

(2) The director of health;

(3) The attorney general;

(4) The president of the senate;

(5) The speaker of the house of representatives;

(6) The mayor of the city and county of Honolulu; and

(7) The chair of the Honolulu board of water supply;

provided that representatives from the following entities shall also be invited to be members:

(1) The federal Environmental Protection Agency;

(2) The United States Navy; and

(3) The Sierra Club of Hawaii.

The governor or the governor's designee shall serve as chairperson of the task force.

(d) The task force shall study and report to the legislature on the implementation of the administrative order on consent with the department of health, docket no. 15-UST-EA-01, and the implementation of the rules pursuant to section 342L-32, Hawaii Revised Statutes. As part of the study, the task force shall consider:

(1) Whether the United States Department of the Navy is in compliance with the:

(A) Terms of the administrative order of consent; and

(B) Department of health's administrative rules adopted pursuant to section 342L-32, Hawaii Revised Statutes;

(2) The feasibility of secondary containment measures to ensure storage tank safety;

(3) The possibility of the President of the United States issuing an Executive Order that would allow for the use of the Red Hill storage tanks without any additional review or safety precautions or measures;

(4) The feasibility of:

(A) Relocating the Red Hill underground storage tank system to another location in the State; and

(B) Eliminating the use of the Red Hill underground storage tank system;

(5) The fiscal impact to the State of having the Red Hill underground storage tank system in Hawaii, including the cost considerations of the various options to keep, maintain, move, or eliminate the Red Hill underground storage tank system; and

(6) Whether the Red Hill underground storage tank system is essential to the security of the United States.

(e) The task force shall submit an initial report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the 2020 regular session. The task force shall submit a final report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the 2021 regular session. The task force shall submit a follow-up report to the legislature each year thereafter until its dissolution.

(f) The task force shall have a minimum of two meetings prior to the convening of the 2020 regular session. Beginning January 1, 2020, the task force shall meet a minimum of times a year. Beginning January 1, 2025, the task force shall meet a minimum of times a year.

(g) No member of the task force shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the task force.

(h) The task force shall cease to exist on January 1, 2030.

PART III

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

SECTION 6. This Act shall take effect on July 1, 2019.

INTRODUCED BY:	_____________________________

Report Title:

Underground Storage Tanks and Systems; DOH; Environmental Protection; Red Hill Task Force

Description:

Requires the Department of Health to adopt rules for underground storage tanks and tank systems that are no less stringent than federal underground storage tank regulations. Establishes the Red Hill Task Force to study the implementation of containment measures at Red Hill and report to the legislature.

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