SCR132

WHEREAS, perfluoroalkyl and polyfluoroalkyl substances (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; and

WHEREAS, in 2021, the Organization for Economic Co-operation and Development (OECD) identified at least 4,730 distinct PFAS chemicals; and

WHEREAS, 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; and

WHEREAS, DSSTox also includes perfluorosulfonic acids, such as perfluorooctanesulfonic acid (PFOS) and perfluorocarboxylic acids, such as perfluorooctanoic acid (PFOA); and

WHEREAS, many PFAS chemicals were used in the mid-twentieth century in products and on materials due to their enhanced water-resistant and oil-resistant properties, like Teflon or aqueous film forming foam, before the environmental impact and toxicity to human and mammalian life had been studied; and

WHEREAS, 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; and

WHEREAS, residues have been detected in humans and wildlife, prompting concern about impacts on health; and

WHEREAS, 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; and

WHEREAS, health concerns related to PFAS have resulted in numerous lawsuits involving PFAS producers 3M, Chemours, DuPont, and Corteva where billion-dollar settlements have been reached and the use of PFAS has been regulated in several parts of the world, some with plans to phase PFAS out entirely from products; and

WHEREAS, 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 global human and animal populations; and

WHEREAS, of these costs, the most expensive are remediation efforts to fight PFAS soil and water contamination, followed by the health care 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; and

WHEREAS, the International Chemical Secretariat has estimated that PFAS costs approximately $17,500,000,000,000 annually; and

WHEREAS, PFAS have been frequently documented in marine species that are commonly consumed by humans, posing substantial health risks because of bioaccumulation and biomagnification in certain species that exceeds tolerable limits for human consumption posing potential health risks and causing local communities to face economic and food source consequences due to potential future advisories, fishing limits, or closures for certain species due to their PFAS content; and

WHEREAS, as of August 2023, twenty-five states have established enforceable drinking water standards related to PFAS and the United States Environmental Protection Agency is conducting a study from 2023 to 2025 to collect data on PFAS and develop additional regulations; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the House of Representatives concurring, that the Office of the Governor is requested to convene a PFAS working group; and

BE IT FURTHER RESOLVED that the working group is requested to include the following members:

(1) The Chairs of the House of Representatives and Senate Standing Committees with subject matter jurisdiction encompassing environmental protection and restoration;

(2) The Director of Health;

(3) A representative from the City and County of Honolulu;

(4) A representative of the County of Hawaii;

(5) A representative of the County of Maui;

(6) A representative of the County of Kauai;

(7) Two representatives from established Hawaii organizations whose mission statements or purposes are dedicated to environmental protection, including protection against contaminations by environmental toxins, as selected and invited by the Governor; and

(8) Two representatives of the business community that manufacture or sell products containing PFAS, as selected and invited by the Governor; and

BE IT FURTHER RESOLVED that the mayors of each county are requested to select a representative from their county to serve on the working group; and

BE IT FURTHER RESOLVED that the Chairs of the House of Representatives and Senate Standing Committees with subject matter jurisdiction encompassing environmental protection and restoration are requested to serve as co-chairpersons of the working group; and

BE IT FURTHER RESOLVED that the working group is requested to proactively plan for the remediation of PFAS contamination throughout the State and to accomplish this objective the working group is requested to:

(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; and

BE IT FURTHER RESOLVED that the working group is requested to report to the Legislature by:

(1) Submitting 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) Submitting 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; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, President of the Senate, Speaker of the House of Representatives, Director of Health, and Mayor of each county.

	OFFERED BY:	_____________________________

Report Title:

PFAS; Governor; Counties; Working Group; Chemicals; Report

THE SENATE	S.C.R. NO.	132
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII