Report Title:

Safe drinking water; groundwater contamination

Description:

Establishes the groundwater protection program to develop strategies to protect groundwater from chemical contamination associated with the use of chemicals on land development projects.

HOUSE OF REPRESENTATIVES

H.B. NO.

2174

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to Health.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The development of lands by public and private entities often relies upon the use of pesticides, herbicides, and other chemicals to treat the land prior to development. There is growing evidence that the use of these chemicals may be harmful to human health. Furthermore, there is growing concern about the use of these chemicals and their contribution to non-point source pollution of streams, coastal waters, and ground drinking water. Hawaii has already faced situations of chemical contamination of groundwater that has cost millions of dollars to make the water safe to drink.

Although Hawaii currently has laws relating to safe drinking water and non-point source pollution management and control, development of a strategy to minimize the use of chemicals by land developers would increase the effectiveness of these laws and take a proactive approach to protecting the state's drinking water.

The purpose of this Act is to develop a strategy to protect groundwater from contamination by minimizing the use of chemicals when developing lands.

SECTION 2. Chapter 340E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§340E-   Groundwater protection program. (a) There is established within the department a groundwater protection program to protect all public water systems within the state from chemical pollution from land development projects. The program may request the assistance of the nonpoint source pollution management and control program of the department established in section 342E-2, whenever necessary, to administer this section.

(b) A strategy for groundwater protection from chemical pollution shall be designed to minimize costs, minimize the use of chemical methods, and promote the use of non-chemical methods for land development projects. The overall goal of this strategy shall be the reduction and minimization of chemical use while taking into account human health, environmental, aesthetic, and economic concerns.

(c) There is created the groundwater protection program committee to:

(1) Develop groundwater protection strategies;

(2) Develop and recommend an efficient process for groundwater protection;

(3) Identify pesticides and herbicides that are unsafe;

(4) Identify, explore, and review current groundwater protection strategies and practices both within the state and throughout other jurisdictions in the United States;

(5) Identify current, new, or technologically improved non-chemical methods that may be used for land development projects while preventing groundwater contamination;

(6) Initiate demonstration programs of environmentally safe land development plans; and

(7) Make advisory policy recommendations with respect to groundwater protection and land development plans.

(d) The committee members shall be appointed by the director of health not later than sixty days from the date of this Act. There shall be              committee members, who shall include but not be limited to:

(1) Two representatives from the department of health, which shall include:

(A) A representative of the clean water branch; and

(B) A representative of the nonpoint source pollution management and control program;

(2) A representative from each of the counties of Maui, Hawaii, and Kauai, and the city and county of Honolulu;

(3) A representative from each of the respective boards of water supply from the city and county of Honolulu and counties of Maui, Hawaii, and Kauai;

(4) A representative from the land use commission;

(5) A representative from the building industry;

(6) A representative who is an expert in the field of biodiversity;

(7) A representative from the pesticide industry;

(8) A representative from the herbicide industry;

(9) A representative from the environmental community; and

(10) Any other representative or designee deemed appropriate by the director of health.

(e) The committee shall elect a chairperson and vice- chairperson from among its members. A majority of the members shall constitute a quorum. The committee shall be placed within the department of health for administrative purposes. Members of the committee shall serve without compensation. The committee shall meet at least twice a year and shall submit a report on the progress made to reduce chemical use, including any recommendations for administrative or statutory changes, to the legislature not less than twenty days prior to the convening of each regular session of the legislature.

(f) The committee may engage in efforts to encourage and recognize superior ground water protection efforts made by land developers that exceed any recommendations of the committee or any requirements established by law.

(g) For the purposes of this section:

"Chemical pollution" means:

(1) Such contamination or other alteration of the physical, chemical, or biological properties of any public water system, including change in taste, color, turbidity, or odor of the water in the water system; or

(2) Such discharge of any liquid, gaseous, solid, radioactive, or other substances into any public water system,

as will or is likely to create a nuisance or render such waters unreasonably harmful, detrimental, or injurious to public health, safety, or welfare, including harm, detriment, or injury to fish and aquatic life and wildlife, recreational purposes, and agricultural and industrial research and scientific uses of such waters, or as will or is likely to violate any water quality standards, effluent standards, treatment and pretreatment standards, or standards of performance for new sources adopted by the department.

"Land development projects" means the planning, financing, acquisition of real and personal property, demolition of existing structures, clearance of real property, construction, reconstruction, alteration, or repairing of approaches, streets, sidewalks, utilities, and services, or other site improvements, or construction, reconstruction, repair, remodeling, extension, equipment, or furnishing of buildings or other structures, or any combination of the foregoing, of any housing project. It also includes any and all undertakings necessary therefor, and the acquisition of any housing, in whole or in part.

"Nonchemical methods" means methods that reduce or eliminate noxious plant and weed species, pests, or fungi through the use of mechanical, manual, cultural, biological, thermal, structural, and other methods of control."

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 2006-2007 for establishing and maintaining the groundwater protection program.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 4. The department of health shall submit a preliminary report to the legislature no later than twenty days prior to the convening of the regular session of 2007 on the progress and plans to comply with section 2 of this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2006.

INTRODUCED BY:

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