Hawaii 2023 Regular Session

Hawaii House Bill HR9 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.R. NO. 9 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII HOUSE RESOLUTION establishing the house special committee on red hill to address issues related to the red hill bulk fuel storage facility, water contamination and remediation, and all related impacts.
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3	3	HOUSE OF REPRESENTATIVES H.R. NO. 9
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.R. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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29	29	HOUSE RESOLUTION
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35	35	establishing the house special committee on red hill to address issues related to the red hill bulk fuel storage facility, water contamination and remediation, and all related impacts.
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43	43	WHEREAS, the House of Representatives finds that the State of Hawaii faces an emergency that requires immediate and decisive action; and WHEREAS, on November 28, 2021, users of the Navy's Joint Base Pearl Harbor-Hickam water system complained of a fuel odor coming from their water, as well as an oily sheen on their water; and WHEREAS, numerous residents reported their families and pets experienced health issues after consuming the water, including rashes, mouth sores, stomach aches, vomiting, burning eyes, sore throats, headaches, and nausea; and WHEREAS, on November 29, 2021, the Department of Health issued an advisory to all users on the Navy's water system to avoid using the tap water for drinking, cooking, or oral hygiene and also advised that users who detect a fuel odor from their water should avoid using the water for drinking, cooking, bathing, dishwashing, laundry, or oral hygiene; and WHEREAS, as a direct result of the water contamination, over three thousand residents were required to move out of their homes and several businesses were shut down or were forced to limit their operations; and WHEREAS, several Hawaii public schools and child development centers on the Navy water system were also impacted by the water contamination, forced to close off sinks and water fountains and use only bottled water for handwashing, dishwashing, and drinking purposes; and WHEREAS, the City and County of Honolulu Board of Water Supply, to protect its drinking water system, has shut down multiple water sources, including the Halawa Shaft, which supplies approximately twenty percent of water to urban Honolulu; and WHEREAS, these incidences are the latest in a history of at least seventy leaks and spills, whereby at least an estimated one hundred eighty thousand gallons of fuel are unaccounted for, with an unknown percentage of fuel and contaminants in the aquifer, including twenty-seven thousand gallons of jet fuel spilled in 2014; and WHEREAS, the suspected source of the water contamination was from a November 20, 2021, release of approximately fourteen thousand gallons of a mixture of water and fuel from a crack in a fire suppression drain line at the Red Hill Bulk Fuel Storage Facility; and the United States Navy has identified JP-5, or jet fuel, in the Red Hill Shaft, one of the drinking water sources for the Navy water system; and WHEREAS, as of December 3, 2021, the Department of Health received nearly five hundred complaints, mostly from residents or customers served by the Navy water system, complaining of fuel or chemical smells from the drinking water; and WHEREAS, on December 6, 2021, this body sent a letter to Secretary of Defense Lloyd J. Austin III and Secretary of the Navy Carlos Del Toro, to request that the Navy prepare a plan to decommission the Red Hill Bulk Fuel Storage Facility and store the fuel in an alternate location; and to request a detailed plan for a water treatment facility to address potential contamination as a result of the Red Hill Bulk Fuel Storage Facility; and WHEREAS, also on December 6, 2021, the Department of Health issued an emergency order requiring the United States Navy to immediately suspend operations at the Red Hill Bulk Fuel Storage Facility, as it represents "an imminent peril to human health and safety or the environment" and to take measures to treat contaminated drinking water at the Red Hill Shaft and to safely remove all fuel from the twenty underground storage tanks at Red Hill; and WHEREAS, the emergency order also stated that, given the number of incidences that have occurred at Red Hill over the past year, and in view of the current drinking water contamination, the United States Navy has not demonstrated and cannot ensure that immediate and appropriate response actions are available or will be available should another fuel release occur in the future; and WHEREAS, on January 3, 2022, the Department of Health issued its Final Decision, Order, Findings of Fact, and Conclusions of Law, upholding the December 6, 2021, emergency order; and WHEREAS, this body agrees with and fully supports the December 6, 2021, emergency order and the January 3, 2022, final decision by the Department of Health; and WHEREAS, the continued operation of the Red Hill Bulk Fuel Storage Facility, consisting of twenty field-constructed underground storage tanks, pipelines, and related infrastructure, is an unacceptable threat to Oahu's groundwater aquifer; and WHEREAS, the United States Environmental Protection Agency designated Oahu's groundwater aquifer source as one of nine sole-source aquifers and determined that this is the principal source of drinking water for Oahu and if contaminated, would create a significant hazard to public health; and WHEREAS, the City and County of Honolulu Board of Water Supply is exercising all due caution and will not reopen its Aiea and Halawa shafts until it can confirm that its systems will not be negatively impacted by contaminants migrating from Red Hill; and WHEREAS, the permanent loss of water supply from the Aiea and Halawa shafts could lead to water restrictions or shortages and have a cascading effect on construction, schools, public health and safety; and WHEREAS, on December 21, 2021, the Speaker of the House of Representatives, established the House Interim Committee on Red Hill and appointed the following members: (1) Representative Ryan I. Yamane, Co-Chair; (2) Representative Nicole E. Lowen, Co-Chair; (3) Representative Sonny Ganaden; (4) Representative Linda Ichiyama; (5) Representative Aaron Ling Johanson; (6) Representative Lauren Matsumoto; (7) Representative Takashi Ohno; and (8) Representative David A. Tarnas; and WHEREAS, the purpose of the House Interim Committee was to recommend legislative proposals for the 2022 Regular Session that focus on the containment, treatment, and prevention of water quality matters related to Red Hill; and WHEREAS, on December 29, 2021, the House Interim Committee on Red Hill conducted a joint informational briefing with the Senate to receive updates from the Navy regarding the water contamination and remediation; and WHEREAS, the House Interim Committee on Red Hill also discussed legislation for 2022 and, among other items, recommended continuation of the committee during the 2022 Regular Session to address emerging issues regarding Red Hill; and WHEREAS, on June 30, 2022, the United States Indo-Pacific Command announced the establishment of the Joint Task Force Red Hill to ensure the safe and expeditious defueling of the Red Hill Bulk Fuel Storage Facility in close coordination with the State; and WHEREAS, on November 1, 2022, the United States Navy submitted its Red Hill Tank Closure Plan to the Department of Health, taking the next steps to defuel and close the Red Hill Bulk Fuel Storage Facility; and WHEREAS, on November 29, 2022, the Department of Health was notified of a release of approximately one thousand one hundred gallons of aqueous film forming foam above Adit 6 at the Red Hill Bulk Fuel Storage Facility, which could be devastating to the Oahu's aquifers; and WHEREAS, there is an urgent need to formulate a coordinated state and local policy, including but not limited to regulatory functions for the remediation of the facility, surrounding area, and the aquifer, to ensure the restoration and stewardship of clean drinking water for future generations; now, therefore, BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that there is established the House Special Committee on Red Hill to address issues related to the Red Hill Bulk Fuel Storage Facility, water contamination and remediation, and all related impacts; and BE IT FURTHER RESOLVED that the Special Committee consist of the following members: (1) Representative Linda Ichiyama, Co-Chair; (2) Representative Nicole E. Lowen, Co-Chair; (3) Representative Micah P.K. Aiu; (4) Representative Della Au Belatti; (5) Representative Sonny Ganaden; (6) Representative Mark J. Hashem; and (7) Representative Kanani Souza; and BE IT FURTHER RESOLVED that the Special Committee may conduct informational briefings on issues related to Red Hill and take any other actions as the committee deems appropriate; and BE IT FURTHER RESOLVED that the Special Committee meet and report on a regular basis to the House of Representatives. OFFERED BY: _____________________________ Report Title: House Special Committee on Red Hill; Established
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45	45	WHEREAS, the House of Representatives finds that the State of Hawaii faces an emergency that requires immediate and decisive action; and
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49	49	WHEREAS, on November 28, 2021, users of the Navy's Joint Base Pearl Harbor-Hickam water system complained of a fuel odor coming from their water, as well as an oily sheen on their water; and
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53	53	WHEREAS, numerous residents reported their families and pets experienced health issues after consuming the water, including rashes, mouth sores, stomach aches, vomiting, burning eyes, sore throats, headaches, and nausea; and
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57	57	WHEREAS, on November 29, 2021, the Department of Health issued an advisory to all users on the Navy's water system to avoid using the tap water for drinking, cooking, or oral hygiene and also advised that users who detect a fuel odor from their water should avoid using the water for drinking, cooking, bathing, dishwashing, laundry, or oral hygiene; and
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61	61	WHEREAS, as a direct result of the water contamination, over three thousand residents were required to move out of their homes and several businesses were shut down or were forced to limit their operations; and
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65	65	WHEREAS, several Hawaii public schools and child development centers on the Navy water system were also impacted by the water contamination, forced to close off sinks and water fountains and use only bottled water for handwashing, dishwashing, and drinking purposes; and
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69	69	WHEREAS, the City and County of Honolulu Board of Water Supply, to protect its drinking water system, has shut down multiple water sources, including the Halawa Shaft, which supplies approximately twenty percent of water to urban Honolulu; and
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73	73	WHEREAS, these incidences are the latest in a history of at least seventy leaks and spills, whereby at least an estimated one hundred eighty thousand gallons of fuel are unaccounted for, with an unknown percentage of fuel and contaminants in the aquifer, including twenty-seven thousand gallons of jet fuel spilled in 2014; and
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77	77	WHEREAS, the suspected source of the water contamination was from a November 20, 2021, release of approximately fourteen thousand gallons of a mixture of water and fuel from a crack in a fire suppression drain line at the Red Hill Bulk Fuel Storage Facility; and the United States Navy has identified JP-5, or jet fuel, in the Red Hill Shaft, one of the drinking water sources for the Navy water system; and
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81	81	WHEREAS, as of December 3, 2021, the Department of Health received nearly five hundred complaints, mostly from residents or customers served by the Navy water system, complaining of fuel or chemical smells from the drinking water; and
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85	85	WHEREAS, on December 6, 2021, this body sent a letter to Secretary of Defense Lloyd J. Austin III and Secretary of the Navy Carlos Del Toro, to request that the Navy prepare a plan to decommission the Red Hill Bulk Fuel Storage Facility and store the fuel in an alternate location; and to request a detailed plan for a water treatment facility to address potential contamination as a result of the Red Hill Bulk Fuel Storage Facility; and
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89	89	WHEREAS, also on December 6, 2021, the Department of Health issued an emergency order requiring the United States Navy to immediately suspend operations at the Red Hill Bulk Fuel Storage Facility, as it represents "an imminent peril to human health and safety or the environment" and to take measures to treat contaminated drinking water at the Red Hill Shaft and to safely remove all fuel from the twenty underground storage tanks at Red Hill; and
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93	93	WHEREAS, the emergency order also stated that, given the number of incidences that have occurred at Red Hill over the past year, and in view of the current drinking water contamination, the United States Navy has not demonstrated and cannot ensure that immediate and appropriate response actions are available or will be available should another fuel release occur in the future; and
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97	97	WHEREAS, on January 3, 2022, the Department of Health issued its Final Decision, Order, Findings of Fact, and Conclusions of Law, upholding the December 6, 2021, emergency order; and
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101	101	WHEREAS, this body agrees with and fully supports the December 6, 2021, emergency order and the January 3, 2022, final decision by the Department of Health; and
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105	105	WHEREAS, the continued operation of the Red Hill Bulk Fuel Storage Facility, consisting of twenty field-constructed underground storage tanks, pipelines, and related infrastructure, is an unacceptable threat to Oahu's groundwater aquifer; and
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109	109	WHEREAS, the United States Environmental Protection Agency designated Oahu's groundwater aquifer source as one of nine sole-source aquifers and determined that this is the principal source of drinking water for Oahu and if contaminated, would create a significant hazard to public health; and
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113	113	WHEREAS, the City and County of Honolulu Board of Water Supply is exercising all due caution and will not reopen its Aiea and Halawa shafts until it can confirm that its systems will not be negatively impacted by contaminants migrating from Red Hill; and
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117	117	WHEREAS, the permanent loss of water supply from the Aiea and Halawa shafts could lead to water restrictions or shortages and have a cascading effect on construction, schools, public health and safety; and
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121	121	WHEREAS, on December 21, 2021, the Speaker of the House of Representatives, established the House Interim Committee on Red Hill and appointed the following members:
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125	125	(1) Representative Ryan I. Yamane, Co-Chair;
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129	129	(2) Representative Nicole E. Lowen, Co-Chair;
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133	133	(3) Representative Sonny Ganaden;
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137	137	(4) Representative Linda Ichiyama;
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141	141	(5) Representative Aaron Ling Johanson;
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145	145	(6) Representative Lauren Matsumoto;
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149	149	(7) Representative Takashi Ohno; and
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153	153	(8) Representative David A. Tarnas; and
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157	157	WHEREAS, the purpose of the House Interim Committee was to recommend legislative proposals for the 2022 Regular Session that focus on the containment, treatment, and prevention of water quality matters related to Red Hill; and
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161	161	WHEREAS, on December 29, 2021, the House Interim Committee on Red Hill conducted a joint informational briefing with the Senate to receive updates from the Navy regarding the water contamination and remediation; and
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165	165	WHEREAS, the House Interim Committee on Red Hill also discussed legislation for 2022 and, among other items, recommended continuation of the committee during the 2022 Regular Session to address emerging issues regarding Red Hill; and
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169	169	WHEREAS, on June 30, 2022, the United States Indo-Pacific Command announced the establishment of the Joint Task Force Red Hill to ensure the safe and expeditious defueling of the Red Hill Bulk Fuel Storage Facility in close coordination with the State; and
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173	173	WHEREAS, on November 1, 2022, the United States Navy submitted its Red Hill Tank Closure Plan to the Department of Health, taking the next steps to defuel and close the Red Hill Bulk Fuel Storage Facility; and
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177	177	WHEREAS, on November 29, 2022, the Department of Health was notified of a release of approximately one thousand one hundred gallons of aqueous film forming foam above Adit 6 at the Red Hill Bulk Fuel Storage Facility, which could be devastating to the Oahu's aquifers; and
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181	181	WHEREAS, there is an urgent need to formulate a coordinated state and local policy, including but not limited to regulatory functions for the remediation of the facility, surrounding area, and the aquifer, to ensure the restoration and stewardship of clean drinking water for future generations; now, therefore,
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185	185	BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that there is established the House Special Committee on Red Hill to address issues related to the Red Hill Bulk Fuel Storage Facility, water contamination and remediation, and all related impacts; and
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189	189	BE IT FURTHER RESOLVED that the Special Committee consist of the following members:
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193	193	(1) Representative Linda Ichiyama, Co-Chair;
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197	197	(2) Representative Nicole E. Lowen, Co-Chair;
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201	201	(3) Representative Micah P.K. Aiu;
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205	205	(4) Representative Della Au Belatti;
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209	209	(5) Representative Sonny Ganaden;
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213	213	(6) Representative Mark J. Hashem; and
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217	217	(7) Representative Kanani Souza; and
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221	221	BE IT FURTHER RESOLVED that the Special Committee may conduct informational briefings on issues related to Red Hill and take any other actions as the committee deems appropriate; and
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225	225	BE IT FURTHER RESOLVED that the Special Committee meet and report on a regular basis to the House of Representatives.
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233	233	OFFERED BY: _____________________________
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237	237	OFFERED BY:
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239	239	_____________________________
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241	241	Report Title:
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243	243	House Special Committee on Red Hill; Established