Hawaii 2025 Regular Session

Hawaii Senate Bill SB682 Compare Versions

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

Old	New	Differences
1	1	THE SENATE S.B. NO. 682 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT RELATING TO SAFE DRINKING WATER. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 682
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	682
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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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 SAFE DRINKING WATER.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the State's drinking water is important to sustain a healthy life. As a vital factor in making our State the healthiest or among the healthiest in the nation, it is imperative to maintain its waters as pure as possible, except for those chemicals necessary to make it safe and potable for human consumption. This is also consistent with article XI, section 9, of the Hawaii State Constitution, which grants each person the right to a clean and healthful environment. The legislature notes that the State's drinking water laws are broader than section 1412(b)(11) of the federal Safe Drinking Water Act (42 U.S.C. 300g-1(b)(11)), which states that "[n]o national primary drinking water regulation may require the addition of any substance for preventative health care purposes unrelated to contamination of drinking water." The legislature believes that to guarantee the protection of the State's good drinking water for present and future generations, the State's drinking water laws should be aligned with the federal Safe Drinking Water Act. Doing so would simultaneously protect an individual's right to informed consent when mandated to ingest any chemical for medical or preventive treatment of the individual's physical or mental body while also protecting the subset of the population that is more vulnerable to unnecessary chemicals such as the embryo or fetus, those with chronic or end-stage kidney disease, those with auto-immune disorders like rheumatoid arthritis or Parkinson's disease, those who are chemically sensitive, those with cancer or terminal diseases, and the elderly. Accordingly, the purpose of this Act is to: (1) Prohibit any state or county law, rule, ordinance, or regulation from requiring the addition of any substance, product, or chemical for preventative health care or medical purposes that is unrelated to chemicals necessary for protection against contamination of drinking water to any public water system; and (2) Establish quality control and public safety requirements if the federal Safe Drinking Water Act is amended to authorize a federal regulation to allow every state to use their drinking water systems to dispense medication for treating the physical or mental function of a person's body. SECTION 2. Chapter 340E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§340E- Chemical additives to public water systems; prohibited. (a) In addition to the prohibited acts specified in section 340E-7, no state or county law, rule, ordinance, or regulation shall require the addition of any substance, product, or chemical for preventative health care or medical purposes, such as treating or affecting the physical or mental functions of the body of any person, that is unrelated to chemicals necessary for protection against contamination of drinking water, to any public water system. (b) If the federal Safe Drinking Water Act is amended to allow a federal regulation allowing every state to use their drinking water systems to dispense chemicals or medication for treating the physical or mental function of a person's body, the following quality control and public safety requirements of the chemical or medical additive to be used shall apply: (1) The department shall conduct an independent environmental assessment to determine the impact of the federal regulation, which shall include the regulation's cost effectiveness, safer and more economical alternatives, wastewater discharge effects, potential harm to reef and marine life, impact of buildup in agriculture farm products, and impact of bio-accumulative buildup in a person's body. The environmental assessment shall also consider the most vulnerable subset of the population, such as the unborn fetus or embryo, young children, the chemically sensitive, those with end-stage renal disease, diabetics, those with chronic or immunosuppressive diseases, those with heart disease, and the elderly. The environmental assessment shall also analyze the effects of long-term exposure to the chemical or medical additive to various functions or organs of the human body, such as the intelligence quotients of young children; provided that the federal regulation: (A) Specifies the chemical or medication to be added and the quality standards or specifications that apply; and (B) Includes a federal guarantee of acceptance of liability due to any long-term adverse effects of the chemical or medication specified for use to avoid future class action lawsuits against the State; (2) To the extent permissible under federal regulation of public drinking water supplies, the chemical or medical additive specified in the federal regulation shall be: (A) Pharmaceutical grade or equivalent; (B) Tested and approved for safety and effectiveness by the United States Food and Drug Administration; and (C) Tested using the following additional safety tests if not already tested by the United States Food and Drug Administration: (i) The chemical or medical additive shall have been tested for safety using the maximum contaminant levels for contaminants allowed by the standard or specification, plus a safety factor of one hundred, as is typically used by the United States Food and Drug Administration for chemical additives to food to minimize any adverse reactions to the most sensitive population; and (ii) If the chemical or medical additive, in combination with other body minerals, forms a thermoluminescent phosphor material, which is known to create positive charges with unpaired electrons when exposed to radiation or x-rays, testing shall have been done to determine any adverse health effects. For the purposes of this clause, "thermoluminescent phosphor material" includes but is not limited to calcium fluoride, lithium fluoride, calcium sulfate, and fluorapatite; and (3) To the extent permissible under federal regulation of public drinking water supplies, the chemical or medical additive specified in the federal regulation shall not: (A) Be industrial-grade chemical additives; (B) Contain any contaminants that would exceed the maximum contaminant level goals established by the United States Environmental Protection Agency; and (C) Increase corrosion of the water piping system material components or increase leaching of heavy metals, such as lead from solder or brass components, in a manner that another chemical additive will be required to minimize corrosion. No state or county law, rule, ordinance, or regulation shall supersede the requirements of this subsection." SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the State's drinking water is important to sustain a healthy life. As a vital factor in making our State the healthiest or among the healthiest in the nation, it is imperative to maintain its waters as pure as possible, except for those chemicals necessary to make it safe and potable for human consumption. This is also consistent with article XI, section 9, of the Hawaii State Constitution, which grants each person the right to a clean and healthful environment.
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51	51	The legislature notes that the State's drinking water laws are broader than section 1412(b)(11) of the federal Safe Drinking Water Act (42 U.S.C. 300g-1(b)(11)), which states that "[n]o national primary drinking water regulation may require the addition of any substance for preventative health care purposes unrelated to contamination of drinking water."
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53	53	The legislature believes that to guarantee the protection of the State's good drinking water for present and future generations, the State's drinking water laws should be aligned with the federal Safe Drinking Water Act. Doing so would simultaneously protect an individual's right to informed consent when mandated to ingest any chemical for medical or preventive treatment of the individual's physical or mental body while also protecting the subset of the population that is more vulnerable to unnecessary chemicals such as the embryo or fetus, those with chronic or end-stage kidney disease, those with auto-immune disorders like rheumatoid arthritis or Parkinson's disease, those who are chemically sensitive, those with cancer or terminal diseases, and the elderly.
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55	55	Accordingly, the purpose of this Act is to:
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57	57	(1) Prohibit any state or county law, rule, ordinance, or regulation from requiring the addition of any substance, product, or chemical for preventative health care or medical purposes that is unrelated to chemicals necessary for protection against contamination of drinking water to any public water system; and
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59	59	(2) Establish quality control and public safety requirements if the federal Safe Drinking Water Act is amended to authorize a federal regulation to allow every state to use their drinking water systems to dispense medication for treating the physical or mental function of a person's body.
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61	61	SECTION 2. Chapter 340E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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63	63	"§340E- Chemical additives to public water systems; prohibited. (a) In addition to the prohibited acts specified in section 340E-7, no state or county law, rule, ordinance, or regulation shall require the addition of any substance, product, or chemical for preventative health care or medical purposes, such as treating or affecting the physical or mental functions of the body of any person, that is unrelated to chemicals necessary for protection against contamination of drinking water, to any public water system.
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65	65	(b) If the federal Safe Drinking Water Act is amended to allow a federal regulation allowing every state to use their drinking water systems to dispense chemicals or medication for treating the physical or mental function of a person's body, the following quality control and public safety requirements of the chemical or medical additive to be used shall apply:
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67	67	(1) The department shall conduct an independent environmental assessment to determine the impact of the federal regulation, which shall include the regulation's cost effectiveness, safer and more economical alternatives, wastewater discharge effects, potential harm to reef and marine life, impact of buildup in agriculture farm products, and impact of bio-accumulative buildup in a person's body. The environmental assessment shall also consider the most vulnerable subset of the population, such as the unborn fetus or embryo, young children, the chemically sensitive, those with end-stage renal disease, diabetics, those with chronic or immunosuppressive diseases, those with heart disease, and the elderly. The environmental assessment shall also analyze the effects of long-term exposure to the chemical or medical additive to various functions or organs of the human body, such as the intelligence quotients of young children; provided that the federal regulation:
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69	69	(A) Specifies the chemical or medication to be added and the quality standards or specifications that apply; and
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71	71	(B) Includes a federal guarantee of acceptance of liability due to any long-term adverse effects of the chemical or medication specified for use to avoid future class action lawsuits against the State;
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73	73	(2) To the extent permissible under federal regulation of public drinking water supplies, the chemical or medical additive specified in the federal regulation shall be:
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75	75	(A) Pharmaceutical grade or equivalent;
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77	77	(B) Tested and approved for safety and effectiveness by the United States Food and Drug Administration; and
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79	79	(C) Tested using the following additional safety tests if not already tested by the United States Food and Drug Administration:
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81	81	(i) The chemical or medical additive shall have been tested for safety using the maximum contaminant levels for contaminants allowed by the standard or specification, plus a safety factor of one hundred, as is typically used by the United States Food and Drug Administration for chemical additives to food to minimize any adverse reactions to the most sensitive population; and
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83	83	(ii) If the chemical or medical additive, in combination with other body minerals, forms a thermoluminescent phosphor material, which is known to create positive charges with unpaired electrons when exposed to radiation or x-rays, testing shall have been done to determine any adverse health effects. For the purposes of this clause, "thermoluminescent phosphor material" includes but is not limited to calcium fluoride, lithium fluoride, calcium sulfate, and fluorapatite; and
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85	85	(3) To the extent permissible under federal regulation of public drinking water supplies, the chemical or medical additive specified in the federal regulation shall not:
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87	87	(A) Be industrial-grade chemical additives;
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89	89	(B) Contain any contaminants that would exceed the maximum contaminant level goals established by the United States Environmental Protection Agency; and
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91	91	(C) Increase corrosion of the water piping system material components or increase leaching of heavy metals, such as lead from solder or brass components, in a manner that another chemical additive will be required to minimize corrosion.
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93	93	No state or county law, rule, ordinance, or regulation shall supersede the requirements of this subsection."
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95	95	SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
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97	97	SECTION 4. New statutory material is underscored.
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99	99	SECTION 5. This Act shall take effect upon its approval.
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103	103	INTRODUCED BY: _____________________________
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105	105	INTRODUCED BY:
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107	107	_____________________________
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113	113	Report Title: Department of Health; Safe Drinking Water; Safe Drinking Water Act; Chemical Additive; Requirements; Prohibition Description: Prohibits any state or county law, rule, ordinance, or regulation from requiring the addition of any substance, product, or chemical for preventative health care or medical purposes, that is unrelated to chemicals necessary for protection against contamination of drinking water, to any public water system. Establishes quality control and public safety requirements if the Safe Drinking Water Act is amended to authorize a federal regulation to allow every state to use the drinking water system to dispense chemicals or medication for treating the physical or mental function of a person's body. 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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121	121	Report Title:
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123	123	Department of Health; Safe Drinking Water; Safe Drinking Water Act; Chemical Additive; Requirements; Prohibition
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127	127	Description:
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129	129	Prohibits any state or county law, rule, ordinance, or regulation from requiring the addition of any substance, product, or chemical for preventative health care or medical purposes, that is unrelated to chemicals necessary for protection against contamination of drinking water, to any public water system. Establishes quality control and public safety requirements if the Safe Drinking Water Act is amended to authorize a federal regulation to allow every state to use the drinking water system to dispense chemicals or medication for treating the physical or mental function of a person's body.
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137	137	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.