THE SENATE S.C.R. NO. 102 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII SENATE CONCURRENT RESOLUTION URGING THE DEPARTMENT OF HEALTH and University of Hawaii Water Resources Research Center TO TAKE ALL ACTION NECESSARY to incentivize WASTEWATER TREATMENT PLANTs TO TEST SEWAGE SLUDGE, reclaimed water, AND ANY OTHER RESIDUAL MATERIAL FOR THE PRESENCE OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. THE SENATE S.C.R. NO. 102 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII THE SENATE S.C.R. NO. 102 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII SENATE CONCURRENT RESOLUTION URGING THE DEPARTMENT OF HEALTH and University of Hawaii Water Resources Research Center TO TAKE ALL ACTION NECESSARY to incentivize WASTEWATER TREATMENT PLANTs TO TEST SEWAGE SLUDGE, reclaimed water, AND ANY OTHER RESIDUAL MATERIAL FOR THE PRESENCE OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. WHEREAS, perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a large category of pollutants known as "forever chemicals" because they do not degrade; and WHEREAS, some PFAS chemicals have been found to pose a wide range of health risks, even at very low dosages; and WHEREAS, PFAS have been found in wastewater treatment plant sludge (biosolids) and reclaimed water in the State; and WHEREAS, PFAS-contaminated biosolids used as fertilizer and reclaimed water used for irrigation may directly impact crops and soil by introducing PFAS into the food chain and adversely affecting both the environment and human health when consumed; and WHEREAS, consuming PFAS-contaminated produce may pose a wide range of health risks, including prostate, kidney, and testicular cancers, liver disease, endocrine disruption, and other serious health issues; and WHEREAS, consuming PFAS-contaminated produce can harm reproductive and immune systems and affect reproductive health by decreasing fertility and causing high blood pressure in pregnant women; and WHEREAS, a pregnant woman consuming PFAS-contaminated produce during critical fetal development stages can impact the long-term health of the child by causing developmental delays, low birth weight, accelerated puberty, and behavioral changes; and WHEREAS, biosolids used as fertilizer that contain PFAS and other harmful substances can affect crop quality and safety, and harm aquatic ecosystems; and WHEREAS, PFAS can enter food chains and result in biomagnification, affecting aquatic fauna, insects, amphibians, fish, and seafood; and WHEREAS, regular testing and monitoring at wastewater treatment plants is necessary to mitigate land application of biosolids or reclaimed water containing PFAS and to prevent PFAS exposure and protect public health; and WHEREAS, the production of biosolids and reclaimed water for landscape irrigation, agricultural irrigation, industrial processes, and other non-drinking water applications is subject to regulation and approval by the Department of Health; and WHEREAS, wastewater treatment facilities that sell or supply biosolids or reclaimed water to agricultural farms for fertilization or irrigation should be required to test the biosolids and reclaimed water for the presence of PFAS and allow for appropriate management and mitigation measures for the safety of consumers, farmers, and the environment; and WHEREAS, despite the Department of Health and Honolulu Board of Water Supply's active testing of drinking water wells for PFAS, forever chemicals have been detected in the State's soil, groundwater, and drinking water, demonstrating the need for water purveyors, the military, and other government agencies to test for PFAS; and WHEREAS, in April 2024, the United States Environmental Protection Agency finalized rules that will require public water systems to monitor for some PFAS and take action if levels exceed maximum contaminant levels, and on Oahu, the Department of Health has reported the detection of PFAS in several communities' drinking water, including Kunia and Waipio, where PFAS levels were detected far above what the federal government considers safe; and WHEREAS, requiring monitoring for PFAS at wastewater treatment plants consistent with environmental regulations and public health guidelines demonstrates responsible management of wastewater facilities by the Department of Health; now, therefore, BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Department of Health and University of Hawaii Water Resources Research Center are urged to take all action necessary, within their respective authorities and expertise, to incentivize wastewater treatment plants in the State to test sewage sludge, reclaimed water, and any other residual material for the presence of PFAS; and BE IT FURTHER RESOLVED that the Department of Health is urged to adopt administrative rules for the safe disposal and sequestration of sewage sludge, reclaimed water, and other residual material that contain any amount of PFAS; and BE IT FURTHER RESOLVED that the Department of Health is urged to prohibit the issuance or renewal of permits for the use of sewage sludge, reclaimed water, or other residual material on land used for agronomic purposes, where drainage tiles have been installed, that drains into the waters of the State, or in a five-hundred-year floodplain if testing yields any amount of PFAS; and BE IT FURTHER RESOLVED that the Governor is urged to support the Department of Health's actions; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Director of Health, and Director of the University of Hawaii Water Resources Research Center. OFFERED BY: _____________________________ Report Title: Department of Health; University of Hawaii Water Resources Research Center; PFAS; Wastewater Treatment Plants; Testing; Sewage Sludge; Reclaimed Water; Residual Material; Rules; Permits WHEREAS, perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a large category of pollutants known as "forever chemicals" because they do not degrade; and WHEREAS, some PFAS chemicals have been found to pose a wide range of health risks, even at very low dosages; and WHEREAS, PFAS have been found in wastewater treatment plant sludge (biosolids) and reclaimed water in the State; and WHEREAS, PFAS-contaminated biosolids used as fertilizer and reclaimed water used for irrigation may directly impact crops and soil by introducing PFAS into the food chain and adversely affecting both the environment and human health when consumed; and WHEREAS, consuming PFAS-contaminated produce may pose a wide range of health risks, including prostate, kidney, and testicular cancers, liver disease, endocrine disruption, and other serious health issues; and WHEREAS, consuming PFAS-contaminated produce can harm reproductive and immune systems and affect reproductive health by decreasing fertility and causing high blood pressure in pregnant women; and WHEREAS, a pregnant woman consuming PFAS-contaminated produce during critical fetal development stages can impact the long-term health of the child by causing developmental delays, low birth weight, accelerated puberty, and behavioral changes; and WHEREAS, biosolids used as fertilizer that contain PFAS and other harmful substances can affect crop quality and safety, and harm aquatic ecosystems; and WHEREAS, PFAS can enter food chains and result in biomagnification, affecting aquatic fauna, insects, amphibians, fish, and seafood; and WHEREAS, regular testing and monitoring at wastewater treatment plants is necessary to mitigate land application of biosolids or reclaimed water containing PFAS and to prevent PFAS exposure and protect public health; and WHEREAS, the production of biosolids and reclaimed water for landscape irrigation, agricultural irrigation, industrial processes, and other non-drinking water applications is subject to regulation and approval by the Department of Health; and WHEREAS, wastewater treatment facilities that sell or supply biosolids or reclaimed water to agricultural farms for fertilization or irrigation should be required to test the biosolids and reclaimed water for the presence of PFAS and allow for appropriate management and mitigation measures for the safety of consumers, farmers, and the environment; and WHEREAS, despite the Department of Health and Honolulu Board of Water Supply's active testing of drinking water wells for PFAS, forever chemicals have been detected in the State's soil, groundwater, and drinking water, demonstrating the need for water purveyors, the military, and other government agencies to test for PFAS; and WHEREAS, in April 2024, the United States Environmental Protection Agency finalized rules that will require public water systems to monitor for some PFAS and take action if levels exceed maximum contaminant levels, and on Oahu, the Department of Health has reported the detection of PFAS in several communities' drinking water, including Kunia and Waipio, where PFAS levels were detected far above what the federal government considers safe; and WHEREAS, requiring monitoring for PFAS at wastewater treatment plants consistent with environmental regulations and public health guidelines demonstrates responsible management of wastewater facilities by the Department of Health; now, therefore, BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Department of Health and University of Hawaii Water Resources Research Center are urged to take all action necessary, within their respective authorities and expertise, to incentivize wastewater treatment plants in the State to test sewage sludge, reclaimed water, and any other residual material for the presence of PFAS; and BE IT FURTHER RESOLVED that the Department of Health is urged to adopt administrative rules for the safe disposal and sequestration of sewage sludge, reclaimed water, and other residual material that contain any amount of PFAS; and BE IT FURTHER RESOLVED that the Department of Health is urged to prohibit the issuance or renewal of permits for the use of sewage sludge, reclaimed water, or other residual material on land used for agronomic purposes, where drainage tiles have been installed, that drains into the waters of the State, or in a five-hundred-year floodplain if testing yields any amount of PFAS; and BE IT FURTHER RESOLVED that the Governor is urged to support the Department of Health's actions; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Director of Health, and Director of the University of Hawaii Water Resources Research Center. OFFERED BY: _____________________________ OFFERED BY: _____________________________ Report Title: Department of Health; University of Hawaii Water Resources Research Center; PFAS; Wastewater Treatment Plants; Testing; Sewage Sludge; Reclaimed Water; Residual Material; Rules; Permits