HB319

SECTION 1. The legislature finds that the United States Navy is the owner and operator of the Red Hill Bulk Fuel Storage Facility, which is an underground storage tank system on Oahu, located approximately two and one-half miles northeast of Pearl Harbor. The facility, which was originally constructed during World War II and began operations in 1943, includes twenty field-constructed underground storage tanks, pipelines, and other infrastructure that stores and transports marine diesel and two types of jet fuel.

The Red Hill Bulk Fuel Storage Facility sits directly above the Southern Oahu Basal Aquifer, which supplies seventy-seven per cent of Oahu's water. This aquifer is one of nine sole‑source aquifers within the United States Environmental Protection Agency's region IX and has been previously identified by the Environmental Protection Agency as the "principal source of drinking water" for Oahu, which, if contaminated, "would create a significant hazard to public health."

The legislature also finds that in November 2021, a release of approximately fourteen thousand gallons of fuel from the Red Hill Bulk Fuel Storage Facility contaminated the Red Hill shaft, one of the drinking water sources that services the United States Navy's water system. Many residents who drank the tainted water became acutely ill, experiencing rashes, aches, vomiting and other gastrointestinal problems, and other symptoms. As a result of the contamination, more than four thousand military families were forced to move out of their homes. The water contamination also affected seven department of education schools and several private schools, forcing the schools to remove sinks from use and instead use bottled water for handwashing, dishwashing, and drinking purposes.

A survey of persons who were affected by the water crisis, conducted in early 2022, found that eighty-seven per cent of those surveyed reported new or worsening health symptoms after coming into contact with the contaminated water. Many of those surveyed expressed concern about possible long-term health ramifications of their exposure. Significantly, because only about fourteen per cent of households affected by the water contamination responded to the survey, the full scale of the health consequences of the fuel spill is likely still unknown.

Accordingly, the legislature finds that more must be done to track the long-term health impacts of the Red Hill fuel leak, including the:

(1) Creation of a comprehensive registry of persons who ingested or came into contact with contaminated water;

(2) Dedication of resources to track these impacted individuals to monitor health impacts, including long‑term health impacts;

(3) Collection and aggregation of data, including individual health and toxicology records to the extent practical; and

(4) Coordination with other entities, including federal agencies.

The long-term analysis of this data will assist the legislature and executive branch agencies in making future policy decisions, coordinating health needs for victims, and assisting in the pursuit of cost recovery from the federal government.

Accordingly, the purpose of this Act is to establish a Red Hill water contamination health impacts program within the department of health.

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

"Part . RED HILL water contamination HEALTH IMPACTS PROGRAM

§342L-A Definitions. As used in this part, unless the context otherwise requires:

"2021 petroleum release" means the release of petroleum from the Red Hill Bulk Fuel Storage Facility beginning in November 2021, which contaminated drinking water in the Red Hill shaft and affected persons using water from the United States Navy's water system.

"Program" means the Red Hill water contamination health impacts program.

§342L-B Red Hill water contamination health impacts program; established. (a) There is established within the department the Red Hill water contamination health impacts program.

(b) The program shall:

(1) Identify persons who ingested or came into contact with water contaminated as a result of the 2021 petroleum release;

(2) Maintain a registry of affected persons identified in paragraph (1); provided that the registry shall be used only for purposes authorized in this part;

(3) Provide continuing periodic outreach to the individuals identified in paragraph (1) to identify and monitor health impacts those persons have experienced due to the 2021 petroleum release, including any long-term health impacts;

(4) Collect and aggregate data, including, to the extent practical, individual health and toxicology records that are provided voluntarily by the individuals identified in paragraph (1);

(5) Coordinate with other entities, including relevant federal agencies, in performing the activities specified in this part; and

(6) Make available relevant information to assist persons affected by the 2021 petroleum release in coordinating or accessing relevant health care and seeking reimbursement from the federal government for their health care needs; provided that the department shall not release confidential information pursuant to subsection (d), except that the department may release otherwise confidential information about a specific person to that person.

(c) For the purpose of collecting the information specified in subsection (b), the department shall establish field teams to conduct electronic and in-person outreach in areas affected by the 2021 petroleum release, including residential and business areas. The field teams shall attempt to identify and track persons who were affected by the 2021 petroleum release but who subsequently relocated outside of the affected areas, including locations outside of the State.

(d) Information collected by the department pursuant to this section shall be kept strictly confidential, except that the department may release:

(1) Epidemiologic and statistical information having no individual identifying information; and

(2) Information that the director determines is otherwise necessary to protect the public health and safety.

Access to confidential records shall be restricted to those individuals specifically authorized to participate in a specific activity authorized by this part.

§342L-C Cost recovery. (a) The department shall pursue cost recovery from the United States Department of the Navy and the United States Department of Defense, as applicable, for all program costs.

(b) This section shall not be construed to prevent the department from requesting, and the legislature from appropriating, moneys to operate the program.

§342L-D Annual report. No later than twenty days prior to the convening of each regular session, beginning with the regular session of 2025, the department shall submit a report to the legislature that includes:

(1) The number of people identified by the department who were affected by the 2021 petroleum release;

(2) The number of people in the registry pursuant to section 342L-B(b)(2);

(3) A description of the health impacts of the 2021 petroleum release identified by the department, including any long-term health impacts;

(4) Efforts by the department to assist persons affected by the 2021 petroleum release in coordinating or accessing relevant health care and seeking reimbursement from the federal government for their health care needs;

(5) The status of cost recovery pursuant to section 342L‑C; and

(6) Any other findings and recommendations, including any proposed legislation."

SECTION 3. No later than twenty days prior to the convening of the regular session of 2024, the department of health shall submit to the legislature a report on the department's efforts to appropriately track the health implications of the 2021 petroleum release, including:

(1) A plan to coordinate with any relevant federal, state, and county agencies, including the Centers for Disease Control and Prevention and the Environmental Protection Agency, to align with the health assessment and monitoring efforts of those agencies;

(2) A description of any potential benefits of coordinating and sharing data with those agencies;

(3) An analysis of the extent to which data from those agencies, or any other source, may be used to monitor the long-term health impacts of the 2021 petroleum release;

(4) An initial summary of the potential health implications of contaminants, including fuel, found in the drinking water distribution system following the 2021 petroleum release;

(5) A description of any contaminants, including fuel, detected in the water during the twelve-month period immediately preceding the 2021 petroleum release;

(6) A description of any potential benefits of broadening the health monitoring pursuant to section 342L-B, Hawaii Revised Statutes, to include indications of contaminants, including fuel, in the drinking water supply before the 2021 petroleum release; and

(7) Any other findings and recommendations, including any proposed legislation.

SECTION 4. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to establish and operate the Red Hill water contamination health impacts program, including the establishment of permanent, full-time equivalent ( FTE) positions.

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

SECTION 5. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	319
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII