STAND. COM. REP. NO. 1222-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2046

S.D. 2

H.D. 1

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 S.B. No. 2046, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO UNDERGROUND STORAGE TANKS,"

begs leave to report as follows:

The purpose of this measure is to require an owner or operator of an underground storage tank or tank system that has had a release to meet certain standards for the restoration of the environment.

Your Committee received testimony in support of this measure from ʻAhahui o nā Kauka; Kupuna for the Moopuna; Free Access Coalition; Association of Hawaiian Civic Clubs; Shimanchu Wai Protector; Environmental Caucus of the Democratic Party of Hawaiʻi; 350Hawaii.org; United Methodist Church Acts of Repentance Task Force; Sierra Club of Hawaiʻi; Chamber of Sustainable Commerce; and numerous individuals. Your Committee received testimony in opposition to this measure from the Honolulu Board of Water Supply and five individuals. Your Committee received comments on this measure from the Office of Hawaiian Affairs; Department of Health; Greenpeace Hawaii; and one individual.

Your Committee finds that freshwater resources are sacred and essential to all life in Hawaii and that the protection and careful stewardship of the State's water resources have been a priority of the people of Hawaii since time immemorial. Your Committee further finds that elected leaders who participated in the Red Hill Water Alliance have emphasized that there should be no acceptable level of fuel contamination in the State's limited freshwater resources. This measure protects Hawaii's freshwater resources by ensuring that owners and operators of storage tanks that release jet fuel into the environment meet certain restoration standards.

Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

Your Committee respectfully requests your Committee on Judiciary & Hawaiian Affairs, should it deliberate on this measure, to consider reinstating provisions from a previous version of this measure that established a rebuttable presumption that the detection of jet fuel or related contaminants in the environment or groundwater in the vicinity of an underground storage tank or tank system is the result of a confirmed release of these contaminants.

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 is in accord with the intent and purpose of S.B. No. 2046, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2046, S.D. 2, H.D. 1, and be referred to your Committee on Water & Land.

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

____________________________

NICOLE E. LOWEN, Chair