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HB540 • 2026

RELATED TO SAFE WATER.

RELATED TO SAFE WATER.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
OLDS, ALCOS, GARCIA, KAHALOA, LAMOSAO, MATSUMOTO
Last action
2025-12-08
Official status
Carried over to 2026 Regular Session.
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on enforcement mechanisms or compliance actions for suppliers.

Safe Water Act

This act prohibits the addition of fluoride to public water systems in Hawaii.

What This Bill Does

  • Bans suppliers from adding fluoride chemicals to public drinking water.
  • Preempts and voids conflicting laws, executive orders, ordinances, regulations, or rules that regulate the use of fluoride in public water systems.

Who It Names or Affects

  • Suppliers of public water systems
  • Residents who rely on public drinking water

Terms To Know

Preemption
When a higher level of government (like the state) cancels out or overrides laws made by lower levels of government (like cities).
Fluoridation chemicals
Substances added to water to increase fluoride content.

Limits and Unknowns

  • The bill does not specify how the ban on adding fluoride will be enforced and monitored.
  • It is unclear what specific actions suppliers of public water must take to comply with this new law beyond refraining from fluoridation.

Bill History

  1. 2025-12-08 D

    Carried over to 2026 Regular Session.

  2. 2025-01-21 H

    Referred to HLT, EEP, JHA, referral sheet 2

  3. 2025-01-21 H

    Introduced and Pass First Reading.

  4. 2025-01-17 H

    Pending introduction.

Official Summary Text

RELATED TO SAFE WATER.
Water; Public Water Systems; Fluoridation; Prohibition; Preemption
Prohibits the addition of fluoride to a public water system. Preempts and voids conflicting laws, executive orders, ordinances, regulations, or rules.

Current Bill Text

Read the full stored bill text
HB540

HOUSE OF REPRESENTATIVES

H.B. NO.

540

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

related
to safe water
.

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

����
SECTION 1.
�
The legislature finds that the practice of
adding fluoridation chemicals to public drinking water is dangerous for many of
the State's residents.
�
The United States
Department of Health and Human Services' National Toxicology Program concludes
that fluoride is a "presumed" hazard.
�

The National Research Council has identified fluoride an endocrine
disruptor, and studies show that it lowers thyroid function, particularly in
women.
�
Fluoride is linked to sleep apnea
and kidney and liver impairment in adolescents.
�

A large body of government-funded research associates fluoride
neurotoxicity with lower IQs in children, as well with attention deficit
hyperactivity disorder and associated behaviors.

����
The
legislature finds that formula-fed infants are exposed to the highest doses of
fluoride when fluoridated water is used to mix their formula.
�
A recent study showed that up to fifty-nine
per cent of formula-fed infants exceed the tolerable upper intake level set by
the National Academy of Medicine.

����
The
legislature further finds that fluoridated water is largely rejected as a
preventive dental strategy.
�
The Centers
for Disease Control and Prevention finds that the primary dental benefits of
fluoride are as a topical treatment.

����
The
purpose of this Act is to ensure safe water in the State by prohibiting all
suppliers of public water from adding fluoridation chemicals.

����
SECTION
2
.
�
Section 340E-7, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�340E-7
�

Prohibited acts.
�
(a)
�
No supplier of water shall violate any rule
adopted pursuant to section 340E-2.

����
(b)
�
No supplier of water shall violate any
condition or provision of a variance, exemption, permit, or other written
authorization issued under this part.

����
(c)
�
No supplier of water shall violate any
requirement of an emergency plan promulgated pursuant to section 340E-5.

����
(d)
�
No supplier of water shall violate any rule
adopted under section 340E-6 or disseminate any false or misleading information
with respect to notices required pursuant to section 340E-6 or with
respect to remedial actions undertaken to achieve compliance with state primary
drinking water regulations.

����
(e)
�
No person shall violate any order issued by
the director pursuant to this part.

����
(f)
�
No person shall cause a public water system
to violate the state primary drinking water regulations.

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(g)
�
No person shall violate underground injection
control rules adopted pursuant to this part.

����
(h)
�
No person shall fail or refuse to comply with
the director's authority to inspect the premises of a supplier of water
pursuant to section 340E-4.6.

����
(i)
�
No person shall install or repair any public
water system or any plumbing in a residential or nonresidential facility
providing water for human consumption which is connected to a public water
system with any pipe, solder, flux, plumbing fittings, or fixtures that are not
lead free.
�
"Lead free" with
respect to solders and flux means containing not more than 0.2 per cent lead,
with respect to pipes and pipe fittings means containing not more than 8.0 per
cent lead and with respect to plumbing fittings and fixtures means those in
compliance with National Sanitation Foundation Standard 61, section 9.
�
This subsection shall not apply to leaded
joints necessary for the repair of cast iron pipes.

����
(j)
�
No person shall violate rules on public water
system capacity adopted pursuant to this part.

����
(k)
�
No person or supplier of water shall
introduce fluoride to a public water system.
�
Any laws, executive orders, ordinances,
regulations, or rules that regulate the use of fluoride in the State's public
water systems are preempted and existing laws, executive orders, ordinances,
regulations, or rules conflicting with this subsection shall be void.
"

����
SECTION
3.
�
New statutory material is
underscored.

����
SECTION 4.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Water;
Public Water Systems; Fluoridation; Prohibition; Preemption

Description:

Prohibits
the addition of fluoride to a public water system.
�
Preempts and voids conflicting laws, executive
orders, ordinances, regulations, or rules.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.