STAND. COM. REP. NO. 432-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 2514

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Health, Human Services, & Homelessness and Energy & Environmental Protection, to which was referred H.B. No. 2514 entitled:

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

beg leave to report as follows:

The purpose of this measure is to require the Department of Health to adopt as a standard that the maximum capacity for an underground storage tank shall not exceed one hundred thousand gallons.

Your Committees received testimony in support of this measure from the Sierra Club of Hawai‘i, Surfrider Foundation, 350Hawaii.org, Faith Action for Community Equity, Environmental Justice Task Force, Hawaii Children's Action Network Speaks!, Environmental Caucus of the Democratic Party of Hawai‘i, Livable Hawaii Kai Hui, Hawai‘i Alliance for Progressive Action, Hawai‘i AcroFest LLC, Council for Native Hawaiian Advancement, Ko‘olau Waialua Alliance, Wai Ola Alliance, and numerous individuals. Your Committees received comments on this measure from the Department of Land and Natural Resources, Department of Health, Office of Planning and Sustainable Development, and Honolulu Board of Water Supply.

Your Committees find that there is a risk that underground storage tanks containing hazardous materials will leak and contaminate the surrounding area and possibly any underlying aquifer. Your Committees further find that larger capacity underground storage tanks present a higher potential for large leakage events.

Your Committees note that this measure proposes to amend section 342L-32, Hawaii Revised Statutes (HRS), which provides the foundational standards for all underground storage tanks and tank system standards. As this measure is specifically intended to limit the maximum size of underground storage tanks, your Committees believe that establishing this language in a new section under Chapter 342L, HRS, may be more appropriate.

Accordingly, your Committees have amended this measure by:

(1) Prohibiting the operation of underground storage tanks with a capacity greater than one hundred thousand gallons, after an unspecified date, rather than requiring the Department of Health to adopt a standard that all underground storage tanks not exceed a maximum capacity of one hundred thousand gallons; and

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

As affirmed by the records of votes of the members of your Committees on Health, Human Services, & Homelessness and Energy & Environmental Protection that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2514, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2514, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committees on Health, Human Services, & Homelessness and Energy & Environmental Protection,

____________________________ NICOLE E. LOWEN, Chair

____________________________ RYAN I. YAMANE, Chair