Bill Text: HI HB2165 | 2016 | Regular Session | Amended
Bill Title: Department of Health; Red Hill Fuel Storage Facility; Appropriation ($)
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Enrolled - Dead) 2016-04-20 - Received notice of Senate conferees (Sen. Com. No. 669). [HB2165 Detail]
Download: Hawaii-2016-HB2165-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2165 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO PUBLIC HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Red Hill bulk fuel storage facility is an important symbol of Hawaii's integral role in United States military operations. The facility is under the sole control of the United States Navy and has held fuel for the United States Navy since the 1940s. Recognized as a National Historic Civil Engineering Landmark, the Red Hill fuel storage facility consists of twenty underground fuel storage tanks and is capable of holding more than 250,000,000 gallons of fuel.
The legislature further finds that the facility has a history of fuel being released through leaks from the storage tanks. These releases of fuel can affect the nearby groundwater in the area.
The legislature further finds that in response to releases from the facility, the United States Navy, the United States Defense Logistics Agency, the United States Environmental Protection Agency, and the department of health began negotiating an enforceable agreement. After a period of public comment, the final version of this agreement, Administrative Order on Consent, EPA Docket No. RCRA 7003-R9-2015-01, DOH Docket No. 15-UST-EA-01, became effective on September 28, 2015. The Administrative Order on Consent establishes a timeframe for the United States Navy and the United States Defense Logistics Agency to evaluate and remediate existing contamination to the extent practicable in the vicinity of the Red Hill bulk fuel storage facility, as well as to evaluate and implement measures to prevent future releases.
The legislature further finds that the primary goal of the Administrative Order on Consent is to ensure the long-term protection of groundwater resources in the vicinity of the Red Hill bulk fuel storage facility. The initial phases of the Administrative Order on Consent focus on accomplishing the extremely complex and critical work of evaluating, designing, and selecting cleanup specifics and upgrade technologies for the massive, uniquely engineered tanks, which are believed to be the largest underground fuel tanks in the world. The work table for the Administrative Order on Consent, however, does not explicitly provide a specific due date by which all leaks to the fuel tanks shall be repaired. Rather, the work table establishes deadlines relative to other unspecified deadlines for approvals and meetings.
The legislature further finds that due to the lack of certainty inherent in the Administrative Order on Consent's schedule of work, the State has an urgent public health interest in monitoring the United States Navy and the United States Defense Logistics Agency's compliance with the Administrative Order on Consent.
The purpose of this Act is to protect public health by:
(1) Appropriating funds to the department of health to:
(A) Establish full-time positions; and
(B) Contract with consultants with expertise in hydrology, geology, underground storage tanks, or other areas relevant to the storage of fuel, public health, or environmental health, as necessary,
to monitor the United States Navy and the United States Defense Logistics Agency's compliance with the Administrative Order on Consent;
(2) Requiring the department of health to seek reimbursement from the United States Navy and the United States Defense Logistics Agency for the foregoing appropriated moneys; and
(3) Requiring the department of health to submit annual reports to the legislature regarding the United States Navy and the United States Defense Logistics Agency's compliance with the Administrative Order on Consent.
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2016-2017 for the department of health to hire full-time equivalent geologist I employees ( FTE) to monitor the United States Navy's and the United States Defense Logistics Agency's compliance with Administrative Order on Consent, EPA Docket No. RCRA 7003-R9-2015-01, DOH Docket No. 15-UST-EA-01.
The sum appropriated shall be expended by the department of health for the purposes of this Act; provided that the department of health shall seek reimbursement from the United States Navy and the United States Defense Logistics Agency for this expenditure.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2016-2017 for the department of health to hire full-time equivalent engineer IV employees ( FTE) to monitor the United States Navy's and the United States Defense Logistics Agency's compliance with Administrative Order on Consent, EPA Docket No. RCRA 7003-R9-2015-01, DOH Docket No. 15-UST-EA-01.
The sum appropriated shall be expended by the department of health for the purposes of this Act; provided that the department of health shall seek reimbursement from the United States Navy and the United States Defense Logistics Agency for this expenditure.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2016-2017 for the department of health to hire full-time equivalent environmental health specialist IV employees ( FTE) to monitor the United States Navy's and the United States Defense Logistics Agency's compliance with Administrative Order on Consent, EPA Docket No. RCRA 7003-R9-2015-01, DOH Docket No. 15‑UST-EA-01.
The sum appropriated shall be expended by the department of health for the purposes of this Act; provided that the department of health shall seek reimbursement from the United States Navy and the United States Defense Logistics Agency for this expenditure.
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2016-2017 for the department of health to contract with consultants with expertise in hydrology, geology, underground storage tanks, or other areas relevant to the storage of fuel, public health, or environmental health to monitor the United States Navy's and the United States Defense Logistics Agency's compliance with Administrative Order on Consent, EPA Docket No. RCRA 7003-R9-2015-01, DOH Docket No. 15-UST-EA-01.
The sum appropriated shall be expended by the department of health for the purposes of this Act; provided that the department of health shall seek reimbursement from the United States Navy and the United States Defense Logistics Agency for this expenditure.
SECTION 6. The department of health, at least twenty days before the convening of each regular session, beginning with the regular session of 2017, shall report annually to the legislature on the status of the United States Navy's and the United States Defense Logistics Agency's compliance with Administrative Order on Consent, EPA Docket No. RCRA 7003-R9-2015-01, DOH Docket No. 15-UST-EA-01, until the United States Navy and the United States Defense Logistics Agency have fulfilled all of their obligations under the Administrative Order on Consent.
SECTION 7. This Act shall take effect on July 1, 2050.
Report Title:
Department of Health; Red Hill Fuel Storage Facility; Appropriation
Description:
Makes appropriations to the Department of Health to hire employees and consultants and to monitor the Navy and Defense Logistic's Agency's compliance with the Administrative Order on Consent to evaluate and remediate environmental damage from fuel leaks at the Red Hill Fuel Storage Facility. Takes effect 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
