STAND. COM. REP. NO. 2679

Honolulu, Hawaii

RE: S.B. No. 2094

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committees on Agriculture and Environment and Government Operations, to which was referred S.B. No. 2094 entitled:

"A BILL FOR AN ACT RELATED TO TOXIC CHEMICALS,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Require state agencies that monitor environmental toxins and pollutants to establish environmental action levels (EALs) to ensure the preservation of a safe environment;

(2) Prohibit modifications to EALs unless certain procedural requirements are met; and

(3) Establish a process to allow any resident to petition for modifications to an established EAL.

Your Committees received testimony in support of this measure from the Environmental Caucus of the Democratic Party of Hawaiʻi and four individuals.

Your Committees received comments on this measure from the Department of Health.

Your Committees find that environmental action levels (EALs) are standardized screening levels for concentrations of contaminants in soil, gas, and groundwater that are used in policy and administrative decision-making. There are currently no procedural requirements or standards to establish EALs for various toxins that are monitored in the State. Additionally, increases in EALs have been enacted by state agencies without public notice. By establishing a framework for managing EALs throughout the State, this measure will ensure state agency accountability, enact procedural safeguards, and protect public and environmental health.

Your Committees have amended this measure by:

(1) Inserting a blank appropriation to the Department of Health to develop a secure government portal website and host webinars on environmental action levels;

(2) Amending section 1 to reflect its amended purpose;

(3) Inserting an effective date of July 1, 2050, to encourage further discussion; and

(4) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

Your Committees note that public notice of any modification to EALs is critical in maintaining public trust. Developing a secure government portal website and hosting webinars on potential changes to environmental action levels is appropriate and critical to the welfare of local communities. Therefore, should your Committee on Ways and Means choose to deliberate on this measure, your Committees respectfully request that it consider inserting an appropriation amount of:

(1) $125,000 for the development of a secure government portal website dedicated to environmental action levels monitored by state agencies; and

(2) $15,000 to create and host webinars on potential changes to environmental action levels.

As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2094, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2094, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Government Operations,

________________________________ ANGUS L.K. MCKELVEY, Chair

________________________________ MIKE GABBARD, Chair