HOUSE OF REPRESENTATIVES	H.B. NO.	2274
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to UNDERGROUND fuel STORAGE tanks.

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

SECTION 1. The legislature finds that fresh water and streams have been among the most important natural resources to Hawaii's people. Dating back to ancient Hawaii, the sanctity of fresh water, or wai, is reflected in the way water permeates throughout olelo Hawaii, the Hawaiian spoken language. For example, the Hawaiian word for "law" is kanawai, which literally translates to the "equal sharing of water". The Hawaiian word waiwai, water repeated twice, means abundance and prosperity. In Native Hawaiian culture, to have water is to have wealth.

The legislature further finds that the purity and safety of the State's fresh water is in jeopardy of contamination. In December 2021, the United States Navy confirmed that the Red Hill bulk fuel storage facility on Oahu leaked petroleum into the Navy's water system, contaminating the drinking water for residents and personnel at Joint-Base Pearl Harbor-Hickam and surrounding neighborhoods. More than ninety-two thousand people were impacted within weeks, with some reporting ill effects from ingesting the fuel-tainted water.

Therefore, the purpose of this Act is to:

(1) Prohibit the department of health from issuing new permits for underground fuel storage tanks within one-half mile from an aquifer;

(2) Prohibit the renewal of permits for underground fuel storage tanks within one-half mile of an aquifer, beginning January 1, 2050; and

(3) Create a new definition for "fuel storage tanks" to include tanks with a capacity at or greater than one hundred gallons.

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

"§342L-   Permits near aquifer prohibited. (a) Beginning July 1, 2022, the department shall not issue a permit for a new underground fuel storage tank within one-half mile of the outer edge of an aquifer; provided that a permit may be issued by the department for purposes of repairing or replacing an existing underground fuel storage tank.

(b) Beginning January 1, 2050, no person shall operate an underground fuel storage tank within one-half mile of the outer edge of an aquifer, and no permit for an underground fuel storage tank within one-half mile of the outer edge of an aquifer shall be renewed.

(c) As used in this section, "underground fuel storage tank" means any fuel tank with a capacity of one hundred or more gallons installed underground."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Underground Fuel Storage Tanks; Aquifers; Permits; Prohibition

Description:

Prohibits issuance of future underground fuel storage tanks within one-half mile of an aquifer beginning July 1, 2022. Prohibits operation of and renewal of underground fuel storage tank permits located within one-half mile from an aquifer beginning January 1, 2050. Defines underground fuel storage tanks as any fuel tank with a capacity of one hundred gallons or more.

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