Committee defers underground‑storage‑tank bill after DOE and health officials differ on need

The House Judiciary and Hawaiian Affairs Committee heard extended testimony on Senate Bill 2046, SD2 HD1, which would require owners and operators of underground storage tanks with confirmed releases to meet specific restoration standards.

Maika'i Emi'lani Boido (Office of Planning Affairs) cited the November 2021 Red Hill fuel leak as evidence of regulatory failure and urged stronger cleanup language and a presumption that cleanup should aim to restore environmental conditions. Noah Klein of the Department of Health said DOH supports the intent but requested holding the bill because DOH already has statutory authority and risk‑based cleanup rules; Klein said rulemaking required by the bill would divert staff resources and could introduce confusion without improving actions at sites such as Red Hill.

Ernie Lau (Board of Water Supply manager) and groups including 350 Hawaii urged stronger remediation language and asked the committee to restore the original bill text. DOH officials explained technical limits of detection for total petroleum hydrocarbons, the practical challenges in distinguishing trace hydrocarbons from natural background, and that 'clean to zero' is not a scientific standard in the state’s hydrogeologic context.

After members questioned DOH about practical testing methods and policy tradeoffs, the chair said he could not secure agreement to return the measure to its earlier version and recommended deferral. The committee deferred SB2046 for further work.

The hearing record shows competing positions: public‑trust and water‑supply advocates seeking stricter cleanup and removal standards, and DOH personnel arguing existing rules and on‑site remediation authority are sufficient and that site‑specific geology constrains achievable cleanup levels.