SB2369

SECTION 1. The legislature finds that per- and polyfluoroalkyl substances (hereinafter "PFAS") are a group of synthetic organofluorine chemical compounds that have multiple fluorine atoms attached to an alkyl chain that are increasingly becoming understood to pose serious toxicity to humans and other organisms in the environment. In 2021, the Organization for Economic Co-operation and Development (OECD) identified at least 4,730 distinct PFAS chemicals. The United States Environmental Protection Agency's toxicity database (DSSTox) lists 14,735 unique PFAS, while PubChem lists more than 6,000,000 that fit under the 2021 revised definition of PFAS by the OECD. They include the perfluorosulfonic acids, such as perfluorooctanesulfonic acid (PFOS), and the perfluorocarboxylic acids like perfluorooctanoic acid (PFOA).

Many PFAS chemicals were used in the mid-20th century in products and on materials due to their enhanced water-resistant properties, like Teflon or aqueous film forming foam, before the environmental impact and toxicity to human and mammalian life had been studied. PFOS, PFOA, and other PFAS chemicals are commonly described as persistent organic pollutants or "forever chemicals" because they remain in the environment for long periods of time. Residues have been detected in humans and wildlife, prompting concern about impacts on health. According to the National Academies of Sciences, Engineering, and Medicine, PFAS exposure is linked to increased risk of dyslipidemia (abnormally high cholesterol), suboptimal antibody response, reduced infant and fetal growth, and higher rates of kidney cancer.

Health concerns related to PFAS have resulted in numerous lawsuits. PFAS producers such as 3M, Chemours, DuPont, and Corteva have reached billion-dollar agreements to settle claims. The use of PFAS is regulated in several parts of the world, with some plans to phase them out entirely from products.

Chemical corporations that produce PFAS generate approximately $4,000,000,000 in annual profits from the production of these chemicals in the United States, but they impose monumental costs on taxpayers and the health of the planet's human and animal populations. Of these costs, the most expensive are remediation efforts to fight PFAS soil and water contamination, followed by the healthcare costs to treat cancer, thyroid disease, kidney dysfunction, birth defects, and other major medical conditions that have been linked to even low levels of exposure to PFAS, and followed by the costs of monitoring of PFAS pollution in human and other life forms. The International Chemical Secretariat has estimated that PFAS cost approximately $17,500,000,000,000 annually.

The legislature further finds that PFAS have been frequently documented in marine species that are commonly consumed by humans, posing potential health risks. Studies on the bioaccumulation in certain species are important to determine daily tolerable limits for human consumption, and where those limits may be exceeded causing potential health risks. Local communities may face economic and food source consequences due to potential future advisories, fishing limits, or closures for certain species due to their PFAS content.

As of August 2023, twenty-five states have established enforceable drinking water standards related to PFAS. The United States Environmental Protection Agency is conducting a study from 2023 to 2025 to collect data on PFAS and potentially develop additional regulations.

The purpose of this Act is to establish a long-term task force to increase publicly available information and proactively plan for future regulation regarding PFAS and regulated chemical substances.

SECTION 2. (a) There is established within the office of the governor for administrative purposes the PFAS working group. The PFAS working group shall comprise:

(1) The director of health, who shall serve as the chairperson of the working group;

(2) The chairs of the house and senate standing committees with subject matter jurisdiction encompassing environmental protection and restoration;

(3) A representative from the city and county of Honolulu, county of Hawaii, county of Maui, and county of Kauai, to be selected by the mayor of each county;

(4) Two representatives from established Hawaii organizations whose mission statements or purposes are dedicated to environmental protection, including protection against contamination by environmental toxins, who shall be designated by the governor; and

(5) Two representatives of the business community that manufacture or sell products containing PFAS, who shall be designated by the governor.

(b) The working group shall proactively plan for the remediation of PFAS contamination throughout the State. To accomplish this objective, the working group shall:

(1) Identify the presence, character, location, and controlling authority of all major accumulations of PFAS and related chemicals, or both, within the State;

(2) Propose plans of action, including but not limited to proposals for legislation and litigation, remediation, or elimination of all major accumulations of PFAS and related chemicals within the State;

(3) Identify any known contaminants or environmental hazards associated with the inventoried lands, any environmental studies performed in connection with the lands, and any required remediation;

(4) Affirmatively engage in a public information campaign to advise the public of the dangers of PFAS and related chemicals, and actions that the public may undertake to limit their exposure to these chemicals;

(5) Encourage the business community to become more aware of the presence of PFAS and related chemicals in products and product packaging, make the community aware of the dangers of such chemicals, and encourage members of the community to adopt practices to eliminate or at least reduce the presence of these chemicals in the products that they use and sell; and

(6) Work on any other objectives deemed necessary by the working group.

(c) Members of the working group shall serve without compensation but shall be reimbursed for reasonable expenses necessary for the performance of their duties. No member of the working group shall be subject to chapter 84, Hawaii Revised Statutes, solely because of the member's participation in the working group.

(d) The working shall report to the legislature as follows:

(1) Submit a preliminary 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; and

(2) Submit subsequent reports on its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session thereafter.

The reports shall include status updates on each of the tasks specified in subsection (b).

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2369
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII