STAND. COM. REP. NO. 921-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 2274

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 2274, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

(1) Prohibit the Department of Health from issuing permits for new large capacity underground storage tank systems located mauka of the applicable underground injection control line, except for purposes of repairing or replacing existing tanks; and

(2) Beginning January 1, 2045, prohibit the operation of and renewal of permits for all large capacity underground storage tank systems located mauka of the applicable underground injection control line.

Your Committee received testimony in support of this measure from the Department of Health; Department of Land and Natural Resources; Hawaii State Teachers Association; Surfrider Foundation, Hawai‘i Region; Protect Kaho‘olawe ‘Ohana; Sierra Club of Hawai‘i; Hawai‘i Alliance for Community-Based Economic Development; 350Hawaii.org; Aloha ‘Āina Legal Group, LLLC; ‘Ahahui o nā Kauka; Our Revolution Hawaii; Hawai‘i Alliance for Progressive Action; Livable Hawaii Kai Hui; Environmental Caucus of the Democratic Party of Hawai‘i; Environmental Justice Task Force of Faith Action for Community Equity; and numerous individuals. Your Committee received testimony in opposition to this measure from the Honolulu Board of Water Supply. Your Committee received comments on this measure from the Office of Planning and Sustainable Development.

Your Committee finds that water is a finite and irreplaceable resource that is fundamental to human well-being and is only renewable if well managed. Your Committee further finds that access to clean and safe drinking water is vital for the State's climate resilience and sustainability. One of the most significant threats to the State's drinking water is large capacity underground storage tank systems and their related plumbing components leaking and contaminating potable drinking water aquifers. This measure reduces the risks posed by large capacity underground storage tank systems on the State's drinking water by phasing out permits for and operations of these systems.

Your Committee has amended this measure by 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 Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2274, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2274, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

AARON LING JOHANSON, Chair