Hawaii 2023 Regular Session

Hawaii Senate Bill SCR135 Compare Versions

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

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1	1	THE SENATE S.C.R. NO. 135 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII SENATE CONCURRENT RESOLUTION Requesting the LEGISLATURE to CONVENE a Working Group with representation from all levels of government to develop a program to phase out the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in the State.
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3	3	THE SENATE S.C.R. NO. 135
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.C.R. NO.
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11	11	135
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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	SENATE CONCURRENT
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31	31	RESOLUTION
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37	37	Requesting the LEGISLATURE to CONVENE a Working Group with representation from all levels of government to develop a program to phase out the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in the State.
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43	43	WHEREAS, perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a group of chemicals used to make fluoropolymer coatings and products that resist heat, oil, stains, grease, and water; and WHEREAS, according to the federal Centers for Disease Control and Prevention, PFAS have been used for decades and can be found in a variety of products, including clothing, furniture, food packaging, heat-resistant non-stick cooking surfaces, and the insulation of electrical wire, to make them fire-retardant, stain-resistant, and water-repellent; and WHEREAS, PFAS are known as "forever chemicals" that do not break down in the environment, can move through soils and contaminate drinking water sources, and can bioaccumulate in fish and wildlife and move up the food chain; and WHEREAS, PFAS persist in the environment and exposure in people can occur by consuming PFAS-contaminated water or food; and WHEREAS, PFAS are ubiquitously detected in the general population and most people in the United States have PFAS in their blood, especially two types of PFAS known as perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS); and WHEREAS, trace amounts of PFAS have been detected in Honolulu's drinking water; and WHEREAS, studies of laboratory animals given large amounts of PFAS indicate that some PFAS may impede growth and development; negatively impact reproduction, thyroid function, the immune system, fetal development, and the liver; and cause cancer; and WHEREAS, the United States Environmental Protection Agency (EPA) recently issued interim drinking water health advisory levels for PFAS, identifying that a lifetime exposure of 0.0004 parts per trillion (ppt) of PFAS and 0.02 ppt of PFOS in drinking water may cause adverse health effects; and WHEREAS, PFAS are also used in aqueous film forming foams (AFFF), a firefighting foam designed for flammable liquid fires, used by fire departments, airports, and the military; and WHEREAS, numerous leakages from the Red Hill Bulk Fuel Storage Facility (Red Hill Facility), managed by the United State Department of Navy (Navy) and Defense Logistics Agency (DLA) within the United States Department of Defense, contained fire suppressant foams that used AFFF, including a leakage of approximately one thousand three hundred gallons of AFFF on November 29, 2022; and WHEREAS, according to the EPA and Hawaii Department of Health, the final laboratory report submitted by the Navy and DLA dated January 17, 2022, in response to the leakage of fuel and other substances at the Red Hill Facility on May 6 and November 20, 2021, indicated that groundwater samples collected from a well within the facility on December 20 and 27, 2021, included 2.76 ppt and 3.49 ppt of PFOA, and 6.72 ppt and 4.35 ppt of PFOS, on the two sampling dates respectively, which significantly exceeds the EPA interim health advisory levels; and WHEREAS, pursuant to the 2020 National Defense Authorization Act, the Department of Defense is required to phase out AFFF at all military installations by October 1, 2024; and WHEREAS, the United States Air Force (Air Force), in acknowledging that removal of AFFF fire suppression systems reduces the risk of cancer and mission-related impacts on drinking water, has shut down AFFF firefighting systems at nearly all of its facilities that were equipped with AFFF; and WHEREAS, the Air Force is also shutting down AFFF fire-suppression systems at all its hangars except four "mission critical" facilities that support the presidential aircraft fleet Air Force One and United States Marine Corps helicopters and converting them to water-only sprinkler systems; and WHEREAS, the Air Force Innovation Lab at Tyndall Air Force Base in Florida is researching alternatives for future fire suppression systems and firefighting vehicles; and WHEREAS, the State's efforts to minimize exposure to PFAS has been focused on locations where PFAS may be concentrated, including military bases, airports, landfills, and wastewater systems, however, it is critical to the health and safety of the residents of Hawaii that the focus be expanded to gradually phase out the use of PFAS in all areas the State; now, therefore, BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the House of Representatives concurring, that a PFAS Working Group be formed with representation from all levels of government, including but not limited to the Department of Health, Department of Budget and Finance, Hawaii State Energy Office, and each of the counties, to develop a program to phase out the use of PFAS in the State; and BE IT FURTHER RESOLVED that the PFAS Working Group is requested to submit an initial 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 2024, and a final report no later than twenty days prior to the convening of the Regular Session of 2025; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Director of Health, Director of Finance, Chief Energy Officer of the Hawaii State Energy Office, Mayor of the County of Kauai, Mayor of the County of Maui, Mayor of the County of Hawaii, Mayor of the City and County of Honolulu, Chair of Kauai County Council, Chair of the Maui County Council, Chair of the Hawaii County Council, and Chair of the Honolulu City Council. OFFERED BY: _____________________________ Report Title: Perfluoroalkyl and Polyfluorinated Substances (PFAS); Forever Chemicals; Working Group; Department of Health; Department of Budget and Finance; Hawaii State Energy Office; County of Kauai; County Of Maui; County Of Hawaii; City And County Of Hawaii
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45	45	WHEREAS, perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a group of chemicals used to make fluoropolymer coatings and products that resist heat, oil, stains, grease, and water; and
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49	49	WHEREAS, according to the federal Centers for Disease Control and Prevention, PFAS have been used for decades and can be found in a variety of products, including clothing, furniture, food packaging, heat-resistant non-stick cooking surfaces, and the insulation of electrical wire, to make them fire-retardant, stain-resistant, and water-repellent; and
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53	53	WHEREAS, PFAS are known as "forever chemicals" that do not break down in the environment, can move through soils and contaminate drinking water sources, and can bioaccumulate in fish and wildlife and move up the food chain; and
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57	57	WHEREAS, PFAS persist in the environment and exposure in people can occur by consuming PFAS-contaminated water or food; and
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61	61	WHEREAS, PFAS are ubiquitously detected in the general population and most people in the United States have PFAS in their blood, especially two types of PFAS known as perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS); and
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65	65	WHEREAS, trace amounts of PFAS have been detected in Honolulu's drinking water; and
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69	69	WHEREAS, studies of laboratory animals given large amounts of PFAS indicate that some PFAS may impede growth and development; negatively impact reproduction, thyroid function, the immune system, fetal development, and the liver; and cause cancer; and
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73	73	WHEREAS, the United States Environmental Protection Agency (EPA) recently issued interim drinking water health advisory levels for PFAS, identifying that a lifetime exposure of 0.0004 parts per trillion (ppt) of PFAS and 0.02 ppt of PFOS in drinking water may cause adverse health effects; and
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77	77	WHEREAS, PFAS are also used in aqueous film forming foams (AFFF), a firefighting foam designed for flammable liquid fires, used by fire departments, airports, and the military; and
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81	81	WHEREAS, numerous leakages from the Red Hill Bulk Fuel Storage Facility (Red Hill Facility), managed by the United State Department of Navy (Navy) and Defense Logistics Agency (DLA) within the United States Department of Defense, contained fire suppressant foams that used AFFF, including a leakage of approximately one thousand three hundred gallons of AFFF on November 29, 2022; and
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85	85	WHEREAS, according to the EPA and Hawaii Department of Health, the final laboratory report submitted by the Navy and DLA dated January 17, 2022, in response to the leakage of fuel and other substances at the Red Hill Facility on May 6 and November 20, 2021, indicated that groundwater samples collected from a well within the facility on December 20 and 27, 2021, included 2.76 ppt and 3.49 ppt of PFOA, and 6.72 ppt and 4.35 ppt of PFOS, on the two sampling dates respectively, which significantly exceeds the EPA interim health advisory levels; and
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89	89	WHEREAS, pursuant to the 2020 National Defense Authorization Act, the Department of Defense is required to phase out AFFF at all military installations by October 1, 2024; and
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93	93	WHEREAS, the United States Air Force (Air Force), in acknowledging that removal of AFFF fire suppression systems reduces the risk of cancer and mission-related impacts on drinking water, has shut down AFFF firefighting systems at nearly all of its facilities that were equipped with AFFF; and
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97	97	WHEREAS, the Air Force is also shutting down AFFF fire-suppression systems at all its hangars except four "mission critical" facilities that support the presidential aircraft fleet Air Force One and United States Marine Corps helicopters and converting them to water-only sprinkler systems; and
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101	101	WHEREAS, the Air Force Innovation Lab at Tyndall Air Force Base in Florida is researching alternatives for future fire suppression systems and firefighting vehicles; and
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105	105	WHEREAS, the State's efforts to minimize exposure to PFAS has been focused on locations where PFAS may be concentrated, including military bases, airports, landfills, and wastewater systems, however, it is critical to the health and safety of the residents of Hawaii that the focus be expanded to gradually phase out the use of PFAS in all areas the State; now, therefore,
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109	109	BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the House of Representatives concurring, that a PFAS Working Group be formed with representation from all levels of government, including but not limited to the Department of Health, Department of Budget and Finance, Hawaii State Energy Office, and each of the counties, to develop a program to phase out the use of PFAS in the State; and
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113	113	BE IT FURTHER RESOLVED that the PFAS Working Group is requested to submit an initial 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 2024, and a final report no later than twenty days prior to the convening of the Regular Session of 2025; and
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117	117	BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Director of Health, Director of Finance, Chief Energy Officer of the Hawaii State Energy Office, Mayor of the County of Kauai, Mayor of the County of Maui, Mayor of the County of Hawaii, Mayor of the City and County of Honolulu, Chair of Kauai County Council, Chair of the Maui County Council, Chair of the Hawaii County Council, and Chair of the Honolulu City Council.
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125	125	OFFERED BY: _____________________________
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129	129	OFFERED BY:
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131	131	_____________________________
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137	137	Report Title:
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139	139	Perfluoroalkyl and Polyfluorinated Substances (PFAS); Forever Chemicals; Working Group; Department of Health; Department of Budget and Finance; Hawaii State Energy Office; County of Kauai; County Of Maui; County Of Hawaii; City And County Of Hawaii