URGING THE UNITED STATES DEPARTMENT OF DEFENSE TO REASSESS PRIOR DETERMINATIONS AND CLOSURE DECISIONS UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT IN LIGHT OF EVOLVING SCIENTIFIC UNDERSTANDING OF PER- AND POLYFLUOROALKYL SUBSTANCES AND RECENT FEDERAL HAZARDOUS SUBSTANCE DESIGNATIONS.

HR190

HOUSE OF REPRESENTATIVES

H.R. NO.

190

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

HOUSE RESOLUTION

urging the United States Department of Defense to
reassess prior determinations and closure decisions under the Comprehensive
Environmental Response, Compensation, and Liability Act in light of evolving
scientific understanding of per- and polyfluoroalkyl substances and recent
federal hazardous substance designations
.

����
WHEREAS, article
XI, section 1, of the Hawaii State Constitution provides that, for the benefit
of present and future generations, the State and its political subdivisions
shall conserve and protect Hawaii's natural beauty and all natural resources,
including land, water, air, minerals, and energy sources, and promote the
development and utilization of these resources in a manner consistent with
their conservation; and

����
WHEREAS, article
XI, section 7, of the Hawaii State Constitution establishes that the State has
an affirmative duty to protect, control, and regulate the use of Hawaii's water
resources for the benefit of its people; and

����
WHEREAS, there
exists an inherent tension between the operational autonomy of federal military
installations within Hawaii and the State's constitutional obligation to
safeguard public health, water resources, and the environment; and

����
WHEREAS, per-
and polyfluoroalkyl substances (PFAS) are a class of synthetic chemicals
characterized by environmental persistence, resistance to degradation, and
mobility in water, and have been associated with adverse human health and
ecological effects in scientific literature; and

����
WHEREAS, numerous
military installations in Hawaii have historically used, stored, or disposed of
PFAS in connection with aqueous film-forming foam, industrial operations,
aviation and vehicle systems, metal plating, maintenance activities,
waterproofed textiles, medical applications, waste streams, and other treated
materials and equipment; and

����
WHEREAS, the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(CERCLA) establishes a federal framework requiring investigation and
remediation of releases of hazardous substances; and

����
WHEREAS, pursuant
to Title 40 United States Code section 9620, federal departments and agencies,
including the United States Department of Defense, are subject to and must
comply with CERCLA in the same manner and to the same extent as nongovernmental
entities; and

����
WHEREAS, under
the United States Department of Defense's investigative framework, areas of potential
interest are identified to evaluate locations where releases of hazardous
substances, including PFAS, may have occurred; and

����
WHEREAS, current
United States Department of Defense PFAS investigations in Hawaii have largely
centered on aqueous film-forming foam-related areas of potential interest,
which may not fully account for the broader range of PFAS-containing materials,
operational uses, industrial processes, waste handling practices, and disposal
pathways historically present at military facilities; and

����
WHEREAS, in
multiple instances in Hawaii, certain areas of potential interest have been
closed following limited investigation, without comprehensive sampling of
groundwater, surface water, soil, sediment, stormwater systems, or wastewater
pathways, or evaluation of potential off-base migration; and

����
WHEREAS, the United
States Department of Defense has reported using Environmental Protection Agency
Method 1633A for PFAS analysis related to surface water, groundwater,
wastewater, leachate, soil, sediment, and biosolids, and Method 1633A is
capable of detecting forty separate PFAS compounds; and

����
WHEREAS, site
inspections and PFAS investigative reports at military installations frequently
disclose results for only a limited subset of PFAS compounds, rather than the
full suite of forty analytes that may be detected under Environmental
Protection Agency Method 1633A; and

����
WHEREAS, recent
federal designation of certain PFAS compounds as hazardous substances under
CERCLA, together with evolving scientific understanding of PFAS persistence,
mobility, and exposure pathways, warrants reassessment of prior investigative
determinations; and

����
WHEREAS, the
State is presently engaged in, or anticipates engaging in, negotiations and
decision-making concerning military leases of state-owned lands, and informed
lease determinations require full transparency regarding environmental
contamination, monitoring status, investigative scope, and long-term
remediation obligations; now, therefore,

����
BE IT
RESOLVED by the House of Representatives of the Thirty-third Legislature of the
State of Hawaii, Regular Session of 2026, that the United States Department of
Defense is urged to reassess prior determinations and closure decisions under
the Comprehensive Environmental Response, Compensation, and Liability Act in
light of evolving scientific understanding of per- and polyfluoroalkyl
substances and recent federal hazardous substance designations; and

����
BE IT FURTHER
RESOLVED that the United States Department of Defense is urged to initiate or
supplement additional preliminary assessments and site inspections where
releases or substantial threats of release may not have been fully evaluated;
and

����
BE IT FURTHER
RESOLVED that the United States Department of Defense is urged to expand PFAS
investigations at all military installations, sub-installations, training
areas, medical facilities, industrial sites, and former operating locations
within the State; and

����
BE IT FURTHER
RESOLVED that such investigations should not be limited to aqueous film-forming
foam use areas, but should include evaluation of all reasonably foreseeable
PFAS-containing materials, operational uses, waste streams, industrial
activities, medical applications, and disposal practices historically present
at military facilities; and

����
BE IT FURTHER
RESOLVED that the United States Department of Defense is urged to conduct
comprehensive sampling of all relevant environmental sources, including
groundwater, drinking water sources, surface water, soil, sediment, stormwater
systems, wastewater discharges, indoor air, and nearshore marine environments,
and to evaluate potential migration beyond installation boundaries; and

����
BE IT FURTHER
RESOLVED that the United States Department of Defense is urged to conduct total
oxidizable precursor assay testing, where scientifically appropriate, and to
publicly disclose complete analytical results for all PFAS compounds tested,
including the full list of forty PFAS analytes measured under Environmental
Protection Agency Method 1633 or any successor method; and

����
BE IT FURTHER
RESOLVED that this body urges that, to the extent consistent with applicable
law, the status of PFAS investigation, monitoring, disclosure, and remediation
commitments be considered in any current or future negotiations regarding
military leases of state-owned lands; and

����
BE IT FURTHER
RESOLVED that certified copies of this Resolution be transmitted to the United
States Secretary of Defense and Adjutant General.

OFFERED BY:

_____________________________

Report Title:
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United
States Department of Defense; Per- and Polyfluoroalkyl Substances