HB2095

SECTION 1. The legislature finds that wildfires and other natural disasters pose a threat to Hawaii's safe drinking water. Wildfires nationally are increasing in frequency and severity and can contaminate water or interrupt water distribution. Recent wildfires in the State affected safe drinking water in Lahaina, Kohala, Wahiawa, and communities in upcountry Maui. The legislature believes that the State should have a detailed plan for providing clean drinking water to better prepare for any emergencies.

Accordingly, the purpose of this Act is to specify some of the measures the director of health may take in response to:

(1) Emergency circumstances affecting the availability of safe drinking water; or

(2) The discovery of contamination in a public water source.

SECTION 2. Section 340E-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§340E-5[]] Plan for emergency provision of safe drinking water. (a) The director shall promulgate a plan for the provision of safe drinking water under emergency circumstances. When the director determines that emergency circumstances exist in the State with respect to a need for safe drinking water, including a type A or type B emergency, the director may [~~take such actions as necessary to provide water where it otherwise would not be available.~~]:

(1) Coordinate with other government agencies and the private sector to provide safe drinking water and necessary supplies to affected areas;

(2) Analyze water samples from each affected area to determine the existence and extent of any contamination;

(3) Recommend appropriate measures to be taken by water suppliers and residents in the affected area, to minimize the health risks of any contamination;

(4) Assist water suppliers, if necessary, in notifying affected residents regarding the seriousness of the emergency circumstances and any measures to be taken by residents pursuant to paragraph (3); and

(5) If emergency drinking water supplies are to be provided by an alternative water source, confirm that the alternative water source is safe and that the means of transporting the water to the affected area will not affect the water's quality or safety.

(b) If contamination is discovered in a public water source, the director may require any affected public water supplier to:

(1) Investigate and carry out additional testing, in consultation with the department;

(2) Create timelines for further investigation and additional testing;

(3) Increase the frequency and duration of future testing;

(4) Test in additional locations, including specific locations within a distribution system;

(5) Flush the public water system prior to the confirmed detection of contaminants;

(6) Provide notice to affected customers, in the form and on a timeline determined by the director, of a confirmed contamination; or

(7) Implement any additional remediation measures, including disconnecting sources, flushing distribution systems, carrying out repairs, or replacing equipment, if contamination is found in a water source, treatment facility, conveyance facility, or distribution system.

"Type A emergency" means a major state or county disaster, including a nuclear disaster, tsunami, earthquake, volcanic eruption, flood, wildfire, hurricane, or tornado. Type A emergencies are generally characterized by:

(1) Relatively widespread disruption of many basic public services in the affected area;

(2) A significant number of affected people and, consequently, a significant extent and degree of public health risk, requiring greater assistance from, and cooperation with, other government agencies; and

(3) Major strains on available resources, with greater likelihood that assistance priorities and allocation of the department's resources will be set by agencies other than the department.

"Type B emergency" means a limited situation affecting only water systems, including a drought, major contamination of a system's basic water source, or major destruction or impairment of a system's physical facilities, that substantially interferes with the quantity and quality of water delivered to the public. Type B emergencies are generally characterized by:

(1) An impact essentially limited to the water system and not directly affecting other public services;

(2) A more limited number of affected people, but a possibly high degree of public health risk; and

(3) More flexibility available to the department in setting its assistance priorities and more access by the department and water supplier to other resources for assistance."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2095
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII