SB1459

SECTION 1. The legislature finds that perfluoroalkyl and polyfluoroalkyl substances (PFAS) are chemicals that have been used in many consumer products since the 1940s. PFAS accumulate in the human body, and exposure can lead to adverse health outcomes in humans. Once PFAS enter the environment, they persist for a very long time, as no natural processes can break down these substances. These "forever chemicals" can continue to cause exposures long after they are phased out of consumer and other products. Furthermore, there is little toxicity or safety data for most of the commonly used PFAS chemicals.

The legislature also finds that studies indicate that PFAS can cause developmental, kidney, and immunological effects in laboratory animals. Perfluorohexanoic acid (PFHxA), a part of the class of compound group of PFAS, was detected in water samples collected at the Waipahu Wells II Granular Activated Carbon Treatment Facility as reported by a department of health news release in January 2023. State toxicologist, Diana Felton, MD, has indicated that the levels found are significantly below the action level. In addition, the United States Environmental Protection Agency (EPA) has released drinking water health advisories for PFAS that indicate the level of drinking water contamination is below the level at which adverse health effects are expected to occur. EPA health advisories provide information that the State can use to update monitoring plans and future policies to protect the public from PFAS exposure in drinking water. The EPA is committed to aggressive action to prevent PFAS from entering the environment and to help protect families from this pervasive challenge. It behooves the department of health to adopt the same level of commitment to the State.

The purpose of this Act is to establish a water quality task force to address PFAS contamination in Hawaii's drinking water.

SECTION 2. There is established the water quality task force to address the level of drinking water contamination caused by perfluorohexanoic acid sample detected at the Waipahu Wells II Granular Activated Carbon Treatment Facility. The water quality task force shall be composed of the following members:

(1) The chairperson of the commission on water resource management, or the chairperson's designee, who shall serve as co-chair;

(2) The manager and chief engineer of the Honolulu board of water supply, or the manager and chief engineer's designee, who shall serve as co-chair;

(3) One member from the department of health, selected by the director of health;

(4) One member from the department of business, economic development, and tourism, selected by the director of business, economic development, and tourism;

(5) One member from the University of Hawaii, selected by the president of the University of Hawaii;

(6) One member from the senate, selected by the senate president;

(7) One member from the house of representatives, selected by the speaker of the house of representatives;

(8) One member from the city and county of Honolulu, selected by the mayor of the city and county of Honolulu;

(9) One member from the Environmental Protection Agency who shall be invited by the co-chairs;

(10) One member from the United States Geological Survey who shall be invited by the co-chairs; and

(11) Two members of the public who shall be invited by the co-chairs.

SECTION 3. The water quality task force shall conduct a comprehensive study to examine the consequences of the drinking water contamination caused by the perfluorohexanoic acid sample detected at the Waipahu Wells II Granular Activated Carbon Treatment Facility, including:

(1) Environmental impacts on water quality;

(2) Infrastructure to support water quality management;

(3) Water quality impacts on public health; and

(4) Economic impacts from water quality.

The study shall include a recommendation plan.

SECTION 4. The water quality task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2025.

SECTION 5. 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 for a multi-year study to examine the consequences of the drinking water contamination caused by the perfluorohexanoic acid sample detected at the Waipahu Wells II Granular Activated Carbon Treatment Facility.

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

SECTION 6. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1459
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII