Hawaii-2022-SB2559-Introduced

SECTION 1. The legislature finds that the use of artificial grass and synthetic turf has potential adverse health and environmental effects. A 2018 article in the journal Chemosphere (vol.195:201-211) found that there was a substantial increase in the number and concentration of numerous hazardous chemicals in runoff water and air above synthetic turf made from recycled tire rubber. In a separate 2019 study published in the journal Environmental Research (vol.169:163-172), researchers found that one hundred ninety-seven of the identified three hundred six chemical constituents of synthetic turf infill material met carcinogenicity criteria, with fifty-two of these chemicals being classified as known carcinogens by the United States Environmental Protection Agency and the European Chemicals Agency. According to research published in the Journal of Hazardous Material in 2021 (vol.209:124998), while there may be no definitive conclusions as to the potentially toxic human exposure to chemicals such as polycyclic aromatic hydrocarbons, heavy metals, and other volatile organic compounds that exist in synthetic turn infill, "the literature existing so far suggests the possibility of their release from synthetic turf infill into the environment as water leachates and to the air surrounding the [sports] pitches[.]" This report further stated that data from six countries, including the United States, "revealed a myriad of hazardous chemicals, with benzo[a]pyrene and zinc often exceeding the established limits."

The legislature further finds that this growing body of scientific data on the negative impacts of synthetic turf has profoundly troubling implications for Hawaii's wildlife, particularly for flora and fauna in and near streams and the ocean. Moreover, this data is particularly concerning given the increasing use of synthetic turf and artificial grass in playgrounds and school sports fields, where children and young adults may be unwittingly exposed to high concentrations of hazardous chemicals. Furthermore, the breakdown of synthetic turf contributes to the burgeoning problem of microplastic pollution in the ocean and on Hawaii beaches.

Accordingly, the purpose of this Act is to require an environmental impact statement for actions that propose the installation or replacement of synthetic turf on an area larger than five thousand square yards.

SECTION 2. Section 343-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Synthetic turf" means a carpet-like covering that is manufactured from synthetic fibers, recycled tires, or other artificial substances and made to resemble natural grass."

SECTION 3. Section 343-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided, an environmental assessment shall be required for actions that:

(1) Propose the use of state or county lands or the use of state or county funds, other than funds to be used for feasibility or planning studies for possible future programs or projects that the agency has not approved, adopted, or funded, or funds to be used for the acquisition of unimproved real property; provided that the agency shall consider environmental factors and available alternatives in its feasibility or planning studies; provided further that an environmental assessment for proposed uses under section 205‑2(d)(11) or 205-4.5(a)(13) shall only be required pursuant to section 205-5(b);

(2) Propose any use within any land classified as a conservation district by the state land use commission under chapter 205;

(3) Propose any use within a shoreline area as defined in section 205A-41;

(4) Propose any use within any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E;

(5) Propose any use within the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance as amended, establishing the "Waikiki Special District";

(6) Propose any amendments to existing county general plans where the amendment would result in designations other than agriculture, conservation, or preservation, except actions proposing any new county general plan or amendments to any existing county general plan initiated by a county;

(7) Propose any reclassification of any land classified as a conservation district by the state land use commission under chapter 205;

(8) Propose the construction of new or the expansion or modification of existing helicopter facilities within the State, that by way of their activities, may affect:

(A) Any land classified as a conservation district by the state land use commission under chapter 205;

(B) A shoreline area as defined in section 205A-41; or

(C) Any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E; or until the statewide historic places inventory is completed, any historic site that is found by a field reconnaissance of the area affected by the helicopter facility and is under consideration for placement on the National Register or the Hawaii Register of Historic Places; [~~and~~]

(9) Propose any:

(A) Wastewater treatment unit, except an individual wastewater system or a wastewater treatment unit serving fewer than fifty single-family dwellings or the equivalent;

(B) Waste-to-energy facility;

(D) Oil refinery; or

(E) Power-generating facility[.]; and

(10) Propose the installation or replacement of synthetic turf on an area of one thousand square yards or larger; provided that any action under this paragraph shall be deemed to have a significant effect and shall require the preparation of an environmental impact statement."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2559
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII