STAND. COM. REP. NO. 1610-26

Honolulu, Hawaii

, 2026

RE: H.R. No. 190

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Energy & Environmental Protection, to which was referred H.R. No. 190 entitled:

"HOUSE RESOLUTION URGING THE UNITED STATES DEPARTMENT OF DEFENSE TO REASSESS PRIOR DETERMINATIONS AND CLOSURE DECISIONS UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT IN LIGHT OF EVOLVING SCIENTIFIC UNDERSTANDING OF PER- AND POLYFLUOROALKYL SUBSTANCES AND RECENT FEDERAL HAZARDOUS SUBSTANCE DESIGNATIONS,"

begs leave to report as follows:

The purpose of this measure is to urge:

(1) The United States Department of Defense to:

(A) Reassess prior determinations and closure decisions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in light of evolving scientific understanding of per- and polyfluoroalkyl substances (PFAS) and recent federal hazardous substance designations;

(B) Initiate or supplement additional preliminary assessments and site inspections where releases or substantial threats of release may not have been fully evaluated;

(C) Expand PFAS investigations at all military installations, sub-installations, training areas, medical facilities, industrial sites, and former operating locations within the State;

(D) Conduct comprehensive sampling of all relevant environmental sources and evaluate potential migration beyond installation boundaries; and

(E) Conduct total oxidizable precursor assay testing, where scientifically appropriate, and publicly disclose complete analytical results for all PFAS compounds tested; and

(2) To the extent consistent with applicable law, the status of PFAS investigation, monitoring, disclosure, and remediation commitments to be considered in any current or future negotiations regarding military leases of state-owned lands.

Your Committee received testimony in support of this measure from the Honolulu Board of Water Supply; Hawaiʻi Reef and Ocean Coalition; Environmental Caucus of the Democratic Party of Hawaiʻi; Sierra Club of Hawaiʻi; Shimanchu Wai Protectors; and numerous individuals.

Your Committee finds that PFAS are a class of synthetic chemicals characterized by environmental persistence and adverse human health impacts. Your Committee further finds that CERCLA requires investigation and remediation of releases of hazardous substances and that the United States Department of Defense must comply with CERCLA. Your Committee recognizes that the PFAS investigations undertaken by the United States Department of Defense in Hawaii have largely centered on aqueous film-forming foams and may not fully account for other PFAS sources as well as newly designated PFAS compounds. This measure urges the United States Department of Defense to reassess prior determinations made under CERCLA in the context of new scientific understanding of these chemicals.

As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee concurs with the intent and purpose of H.R. No. 190 and recommends that it be referred to your Committees on Public Safety and Water & Land.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

____________________________

NICOLE E. LOWEN, Chair