Hawaii 2024 Regular Session

Hawaii House Bill HB2691 Compare Versions

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

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 2691 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to THE RED HILL REMEDIATION AUTHORITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 2691
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to THE RED HILL REMEDIATION AUTHORITY.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	PART I SECTION 1. The legislature finds that the United States Navy's Red Hill Bulk Fuel Storage Facility consists of twenty steel-lined underground storage tanks that were built from 1940 to 1943. Each tank can store 12.5 million gallons of fuel; in total, the Red Hill Bulk Fuel Storage Facility can store up to two hundred fifty million gallons. The tanks are located only about one hundred feet above the United States Environmental Protection Agency's designated sole-source groundwater aquifer that provides drinking water to approximately four hundred thousand residents of the island of Oahu. Over the past eighty years, numerous spills have occurred at Red Hill. Specifically, on November 20, 2021, about ninety-three thousand individuals served by the Navy's potable water system for Joint Base Pearl Harbor-Hickam were directly affected when the Navy's Red Hill shaft was contaminated by the release of up to nineteen thousand gallons of fuel, including JP-5 jet fuel, older fuels stored at the Red Hill Bulk Fuel Storage Facility, and any additives used. Over six thousand individuals sought medical attention, and one thousand were forced to leave their homes due to the contamination. Much of the fuel released from the Red Hill Bulk Fuel Storage Facility remains in the environment, trapped within the complex geological formations beneath and near the tanks. The legislature further finds that on May 9, 2023, officials from the State and city and county of Honolulu signed a unified statement on Red Hill, recognizing the stewardship responsibility to ensure that there is clean water on Oahu for future generations. The Red Hill Water Alliance Initiative (WAI), a working group, met regularly in 2023 since the signing of the unified statement. The Red Hill WAI posed questions, conducted research, listened to subject-matter experts, and formulated recommended policies. The legislature also finds that the Red Hill WAI's approach of total stewardship responsibility required a stance of extending beyond statutory roles, specific responsibilities, tenure in those roles, and even personal lifetimes. Its inquiry included the pursuit of critical questions for which there may currently be no answers. Thus, the pursuit of those answers is part of the ongoing work. The legislature notes that besides its regulatory functions under federal and state environmental laws, the State also has unique public trust responsibilities set forth in the Hawaii State Constitution, which establishes an affirmative duty of the State to preserve and protect public trust resources, including water resources. The legislature additionally finds that the focus of the Red Hill WAI's inquiry is the remediation needs after the defueling of the tanks and removal of residual fuel and contaminants from the Red Hill Bulk Fuel Storage Facility. In particular, the Red Hill WAI is concerned with the unknowns posed by fuel contaminants already in the ground, as well as the residuals of the fuel plume in the aquifer as a result of the spill that occurred on November 20, 2021. In fact, there may be as many as 1,940,000 gallons of fuel constituents in the ground that have leaked or spilled over eight decades. Pursuant to a proactive approach, the Red Hill WAI seeks to describe the remediation it believes necessary for the future well-being of the aquifer in which there is a negligible risk to current and future water sources, including the Halawa Shaft, Halawa wells, and Aiea wells; the water distribution system; and the ecosystem, including springs, streams, and nearshore waters. After much diligent work, the Red Hill WAI issued a public report in November 2023 that set forth its findings and recommendations. Some of the recommendations can only be addressed by the federal government, while other recommendations can be undertaken by the State and city and county of Honolulu. Moreover, the legislature finds that there must be no delay in adopting the recommendations of the Red Hill WAI, especially those that can be implemented at the state and county levels. Therefore, the purpose of this Act is to: (1) Establish the Red Hill remediation authority; and (2) Create the Red Hill remediation special fund. PART II SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter RED HILL WATER ALLIANCE INITIATIVE; REMEDIATION AUTHORITY § -1 Definitions. As used in this chapter, unless a different meaning is plainly required by the context: "Authority" means the Red Hill remediation authority. "Board of directors" means the board of directors of the Red Hill remediation authority. "Red Hill Water Alliance Initiative" means the group of individuals composed of the governor, speaker of the house of representatives, president of the senate, chairperson of the board of land and natural resources and commission on water resource management, president of the University of Hawaii, mayor of the city and county of Honolulu, chairperson of the Honolulu city council, and manager and chief engineer of the Honolulu board of water supply that issued a public report in November 2023 concerning the remediation of Red Hill following the defueling of the Red Hill Bulk Fuel Storage Facility. "Special fund" means the Red Hill remediation special fund. § -2 Red Hill remediation authority. (a) There is established the Red Hill remediation authority, which shall be a body corporate and public instrumentality of the State for the purpose of implementing this chapter; provided that section 26-35 shall not apply to the authority. The authority shall: (1) Facilitate and oversee the remediation of contamination resulting from the Red Hill Bulk Fuel Storage Facility; and (2) Engage in direct implementation, as appropriate. (b) The authority shall be administratively attached to the department of land and natural resources and governed by a board of directors. All initial members of the authority who are to be appointed shall be appointed no later than January 1, 2026. (c) The board of directors shall consist of nine voting members, who shall serve staggered four-year terms. (d) Four voting members of the board of directors shall be appointed by the governor pursuant to section 26-34 to represent the community and shall consist of: (1) An individual who is a resident of Oahu at the time of appointment; (2) A Native Hawaiian water practitioner; (3) A youth advocate for environmental and climate justice, natural resources, and water resources; and (4) A representative of the environmental protection community. (e) Four voting members of the board of directors shall represent government entities, as follows: (1) The chairperson of the board of land and natural resources, or the chairperson's designee; (2) The president of the university of Hawaii, or the president's designee; (3) The mayor of the city and county of Honolulu, or the mayor's designee; and (4) The manager and chief engineer of the Honolulu board of water supply, or the manager and chief engineer's designee. (f) The members of the board of directors shall serve without compensation but shall be reimbursed for expenses, including travel expenses: (1) For authority-related business, as approved by the authority; and (2) Necessary for the performance of their duties. (g) The four community members identified in subsection (d) and the four ex officio members identified in subsection (e) shall appoint an executive director, who shall also serve as the chairperson, a voting member, of the board of directors. The executive director shall: (1) Administer and implement, under the direction of the board of directors, all rules and directives adopted by the authority; and (2) Be exempt from chapter 76. The salary of the executive director shall be subject to section 26-53. (h) The board of directors shall invite the following to serve as ex officio, nonvoting members of the board of directors: (1) A representative of the United States Department of Defense designated by the Department of Defense; and (2) A representative of military families. (i) In addition to the members listed in subsections (d), (e), and (h), the board of directors may request the nonvoting participation or input of members of the public; subject-matter experts; county, state, or federal officials; and other individuals, as necessary. § -3 Powers and duties. Except as otherwise limited by this chapter, the authority may: (1) Make and execute contracts, leases, and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter; (2) Make and alter bylaws for its organization and internal management; (3) Adopt rules pursuant to chapter 91 for the purposes of this chapter; (4) Conduct meetings in accordance with chapter 92 for the purposes of this chapter; (5) Appoint officers, agents, and employees who may be exempt from chapter 76, prescribe their duties and qualifications, and fix their salaries; (6) Engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice; (7) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable; (8) Contract for, accept, hold, or expend gifts or grants in any form from any public agency or from any other source; (9) Adopt rules governing the procurement and purchase of goods, services, and construction, not subject to the requirements of chapter 103D; (10) Enter into cooperative agreements, easements, subleases, or other contracts, as necessary, with any state agency, county agency, or private landowner; (11) Contract for executive and administrative employee services; (12) Call upon the attorney general for legal services or employ its own counsel in conformity with section 28-8.3; (13) Accept donations, grants, bequests, and devises of money, property, services, or other things of value that may be received from the United States or any agency thereof, any governmental agency, or any public or private institution, person, firm, or corporation, to be held, used, or applied for any or all of the purposes specified in this chapter; (14) Establish and maintain a website that includes a mission statement and access to related actions, plans, reports, studies, policies, and results; and (15) Do any and all things necessary to carry out its purposes and exercise the powers granted in this chapter. § -4 Red Hill remediation special fund. (a) There is established in the state treasury the Red Hill remediation special fund into which shall be deposited the following moneys: (1) Appropriations by the legislature to the special fund; (2) Gifts, donations, and grants from public agencies, including the United States government, and private persons; and (3) All interest earned on or accrued to moneys deposited in the special fund. (b) The special fund shall be administered by the authority. (c) The moneys in the special fund shall be used solely for the remediation of contamination resulting from the Red Hill Bulk Fuel Storage Facility, including monitoring, applied research, remediation, public outreach and education, and evaluation. § -5 Cooperation by state and county agencies. All state and county agencies shall provide all information and data requested by the authority within thirty calendar days; provided that the authority may, in its discretion, set a longer deadline. § -6 Report. The authority shall submit a report of its activities and expenditures to the legislature, governor, and mayor and city council of the city and county of Honolulu no later than December 1 of each year, beginning in 2026." SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	PART I
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51	51	SECTION 1. The legislature finds that the United States Navy's Red Hill Bulk Fuel Storage Facility consists of twenty steel-lined underground storage tanks that were built from 1940 to 1943. Each tank can store 12.5 million gallons of fuel; in total, the Red Hill Bulk Fuel Storage Facility can store up to two hundred fifty million gallons. The tanks are located only about one hundred feet above the United States Environmental Protection Agency's designated sole-source groundwater aquifer that provides drinking water to approximately four hundred thousand residents of the island of Oahu. Over the past eighty years, numerous spills have occurred at Red Hill. Specifically, on November 20, 2021, about ninety-three thousand individuals served by the Navy's potable water system for Joint Base Pearl Harbor-Hickam were directly affected when the Navy's Red Hill shaft was contaminated by the release of up to nineteen thousand gallons of fuel, including JP-5 jet fuel, older fuels stored at the Red Hill Bulk Fuel Storage Facility, and any additives used. Over six thousand individuals sought medical attention, and one thousand were forced to leave their homes due to the contamination. Much of the fuel released from the Red Hill Bulk Fuel Storage Facility remains in the environment, trapped within the complex geological formations beneath and near the tanks.
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53	53	The legislature further finds that on May 9, 2023, officials from the State and city and county of Honolulu signed a unified statement on Red Hill, recognizing the stewardship responsibility to ensure that there is clean water on Oahu for future generations. The Red Hill Water Alliance Initiative (WAI), a working group, met regularly in 2023 since the signing of the unified statement. The Red Hill WAI posed questions, conducted research, listened to subject-matter experts, and formulated recommended policies.
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55	55	The legislature also finds that the Red Hill WAI's approach of total stewardship responsibility required a stance of extending beyond statutory roles, specific responsibilities, tenure in those roles, and even personal lifetimes. Its inquiry included the pursuit of critical questions for which there may currently be no answers. Thus, the pursuit of those answers is part of the ongoing work.
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57	57	The legislature notes that besides its regulatory functions under federal and state environmental laws, the State also has unique public trust responsibilities set forth in the Hawaii State Constitution, which establishes an affirmative duty of the State to preserve and protect public trust resources, including water resources.
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59	59	The legislature additionally finds that the focus of the Red Hill WAI's inquiry is the remediation needs after the defueling of the tanks and removal of residual fuel and contaminants from the Red Hill Bulk Fuel Storage Facility. In particular, the Red Hill WAI is concerned with the unknowns posed by fuel contaminants already in the ground, as well as the residuals of the fuel plume in the aquifer as a result of the spill that occurred on November 20, 2021. In fact, there may be as many as 1,940,000 gallons of fuel constituents in the ground that have leaked or spilled over eight decades. Pursuant to a proactive approach, the Red Hill WAI seeks to describe the remediation it believes necessary for the future well-being of the aquifer in which there is a negligible risk to current and future water sources, including the Halawa Shaft, Halawa wells, and Aiea wells; the water distribution system; and the ecosystem, including springs, streams, and nearshore waters.
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61	61	After much diligent work, the Red Hill WAI issued a public report in November 2023 that set forth its findings and recommendations. Some of the recommendations can only be addressed by the federal government, while other recommendations can be undertaken by the State and city and county of Honolulu. Moreover, the legislature finds that there must be no delay in adopting the recommendations of the Red Hill WAI, especially those that can be implemented at the state and county levels.
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63	63	Therefore, the purpose of this Act is to:
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65	65	(1) Establish the Red Hill remediation authority; and
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67	67	(2) Create the Red Hill remediation special fund.
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69	69	PART II
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71	71	SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
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73	73	"Chapter
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75	75	RED HILL WATER ALLIANCE INITIATIVE; REMEDIATION AUTHORITY
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77	77	§ -1 Definitions. As used in this chapter, unless a different meaning is plainly required by the context:
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79	79	"Authority" means the Red Hill remediation authority.
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81	81	"Board of directors" means the board of directors of the Red Hill remediation authority.
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83	83	"Red Hill Water Alliance Initiative" means the group of individuals composed of the governor, speaker of the house of representatives, president of the senate, chairperson of the board of land and natural resources and commission on water resource management, president of the University of Hawaii, mayor of the city and county of Honolulu, chairperson of the Honolulu city council, and manager and chief engineer of the Honolulu board of water supply that issued a public report in November 2023 concerning the remediation of Red Hill following the defueling of the Red Hill Bulk Fuel Storage Facility.
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85	85	"Special fund" means the Red Hill remediation special fund.
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87	87	§ -2 Red Hill remediation authority. (a) There is established the Red Hill remediation authority, which shall be a body corporate and public instrumentality of the State for the purpose of implementing this chapter; provided that section 26-35 shall not apply to the authority. The authority shall:
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89	89	(1) Facilitate and oversee the remediation of contamination resulting from the Red Hill Bulk Fuel Storage Facility; and
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91	91	(2) Engage in direct implementation, as appropriate.
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93	93	(b) The authority shall be administratively attached to the department of land and natural resources and governed by a board of directors. All initial members of the authority who are to be appointed shall be appointed no later than January 1, 2026.
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95	95	(c) The board of directors shall consist of nine voting members, who shall serve staggered four-year terms.
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97	97	(d) Four voting members of the board of directors shall be appointed by the governor pursuant to section 26-34 to represent the community and shall consist of:
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99	99	(1) An individual who is a resident of Oahu at the time of appointment;
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101	101	(2) A Native Hawaiian water practitioner;
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103	103	(3) A youth advocate for environmental and climate justice, natural resources, and water resources; and
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105	105	(4) A representative of the environmental protection community.
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107	107	(e) Four voting members of the board of directors shall represent government entities, as follows:
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109	109	(1) The chairperson of the board of land and natural resources, or the chairperson's designee;
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111	111	(2) The president of the university of Hawaii, or the president's designee;
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113	113	(3) The mayor of the city and county of Honolulu, or the mayor's designee; and
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115	115	(4) The manager and chief engineer of the Honolulu board of water supply, or the manager and chief engineer's designee.
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117	117	(f) The members of the board of directors shall serve without compensation but shall be reimbursed for expenses, including travel expenses:
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119	119	(1) For authority-related business, as approved by the authority; and
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121	121	(2) Necessary for the performance of their duties.
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123	123	(g) The four community members identified in subsection (d) and the four ex officio members identified in subsection (e) shall appoint an executive director, who shall also serve as the chairperson, a voting member, of the board of directors.
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125	125	The executive director shall:
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127	127	(1) Administer and implement, under the direction of the board of directors, all rules and directives adopted by the authority; and
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129	129	(2) Be exempt from chapter 76.
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131	131	The salary of the executive director shall be subject to section 26-53.
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133	133	(h) The board of directors shall invite the following to serve as ex officio, nonvoting members of the board of directors:
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135	135	(1) A representative of the United States Department of Defense designated by the Department of Defense; and
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137	137	(2) A representative of military families.
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139	139	(i) In addition to the members listed in subsections (d), (e), and (h), the board of directors may request the nonvoting participation or input of members of the public; subject-matter experts; county, state, or federal officials; and other individuals, as necessary.
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141	141	§ -3 Powers and duties. Except as otherwise limited by this chapter, the authority may:
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143	143	(1) Make and execute contracts, leases, and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;
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145	145	(2) Make and alter bylaws for its organization and internal management;
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147	147	(3) Adopt rules pursuant to chapter 91 for the purposes of this chapter;
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149	149	(4) Conduct meetings in accordance with chapter 92 for the purposes of this chapter;
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151	151	(5) Appoint officers, agents, and employees who may be exempt from chapter 76, prescribe their duties and qualifications, and fix their salaries;
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153	153	(6) Engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;
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155	155	(7) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;
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157	157	(8) Contract for, accept, hold, or expend gifts or grants in any form from any public agency or from any other source;
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159	159	(9) Adopt rules governing the procurement and purchase of goods, services, and construction, not subject to the requirements of chapter 103D;
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161	161	(10) Enter into cooperative agreements, easements, subleases, or other contracts, as necessary, with any state agency, county agency, or private landowner;
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163	163	(11) Contract for executive and administrative employee services;
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165	165	(12) Call upon the attorney general for legal services or employ its own counsel in conformity with section 28-8.3;
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167	167	(13) Accept donations, grants, bequests, and devises of money, property, services, or other things of value that may be received from the United States or any agency thereof, any governmental agency, or any public or private institution, person, firm, or corporation, to be held, used, or applied for any or all of the purposes specified in this chapter;
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169	169	(14) Establish and maintain a website that includes a mission statement and access to related actions, plans, reports, studies, policies, and results; and
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171	171	(15) Do any and all things necessary to carry out its purposes and exercise the powers granted in this chapter.
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173	173	§ -4 Red Hill remediation special fund. (a) There is established in the state treasury the Red Hill remediation special fund into which shall be deposited the following moneys:
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175	175	(1) Appropriations by the legislature to the special fund;
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177	177	(2) Gifts, donations, and grants from public agencies, including the United States government, and private persons; and
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179	179	(3) All interest earned on or accrued to moneys deposited in the special fund.
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181	181	(b) The special fund shall be administered by the authority.
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183	183	(c) The moneys in the special fund shall be used solely for the remediation of contamination resulting from the Red Hill Bulk Fuel Storage Facility, including monitoring, applied research, remediation, public outreach and education, and evaluation.
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185	185	§ -5 Cooperation by state and county agencies. All state and county agencies shall provide all information and data requested by the authority within thirty calendar days; provided that the authority may, in its discretion, set a longer deadline.
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187	187	§ -6 Report. The authority shall submit a report of its activities and expenditures to the legislature, governor, and mayor and city council of the city and county of Honolulu no later than December 1 of each year, beginning in 2026."
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189	189	SECTION 3. This Act shall take effect upon its approval.
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193	193	INTRODUCED BY: _____________________________
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195	195	INTRODUCED BY:
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197	197	_____________________________
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203	203	Report Title: Red Hill WAI; Red Hill Remediation Authority; Red Hill Remediation Special Fund Description: Establishes the Red Hill remediation authority. Creates the Red Hill remediation special fund. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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209	209	Report Title:
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211	211	Red Hill WAI; Red Hill Remediation Authority; Red Hill Remediation Special Fund
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215	215	Description:
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217	217	Establishes the Red Hill remediation authority. Creates the Red Hill remediation special fund.
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225	225	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.