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SB2094
THE SENATE
S.B. NO.
2094
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATED TO TOXIC CHEMICALS
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that certain state agencies, including the department of
health, monitor the presence of environmentally toxic chemicals in water, soil,
and air, and require remedial action if pollution levels exceed certain
concentrations, often called environmental action levels or EALs.
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When an EAL is exceeded, the person or entity
responsible for the existence of the pollution is legally required to take
remedial action to reduce the level of toxicity in the area under the person's
or entity's control, so that the EAL is no longer exceeded.
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The legislature further finds that there
are currently no procedural requirements or standards to establish EALs for
various toxins that are monitored, or to raise or lower EALs for toxins and
pollutants.
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Previously, EALs have been
raised by state agencies without public notice and without publication of the
scientific justification, resulting in a relaxation of enforcement standards
and a potential increase in pollution.
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The legislature further finds that some increases
in local EALs have lacked scientific justification and that the increases are
contrary to the EALs established and enforced by federal agencies and agencies
of other states.
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These increases may
pose unreasonable risks to the environment and the residents of the State, and
therefore it is necessary that any increases in EALs be scientifically
justifiable and based on the severity of risks to human health and the
environment, as well as the probability of adverse effects.
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Procedures must be established to provide the
public with advance notice and the opportunity to respond to proposed increases
in EALs.
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Moreover, these actions by
Hawaii state agencies without adequate scientific basis and procedural
safeguards may violate the guarantees of article XI, sections 1 and 7 of the
Hawaii State Constitution.
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The legislature affirms that the public has
a right to know all relevant information concerning environmental toxins and
that state agencies charged with monitoring and remediating environmental
toxins are responsible for ensuring that the public receives all relevant
information about the presence of environmental toxins in a timely manner.
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Accordingly, the purpose of this Act is to
establish procedural and substantive requirements for the establishment and
modification of environmental action levels by state agencies.
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SECTION 2.
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(a)
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Every state agency that
monitors environmental toxins and pollutants shall establish environmental
action levels or substantively similar triggering mechanisms that are
consistent with the best practices and most recent scientific evidence relating
to the preservation of a safe environment.
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(b)
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No modification to any environmental action levels or similar triggering
mechanism shall be made except after adequate advance notice to the public,
which shall include provision of all relevant scientific justifications for the
proposed modification.
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Any state agency
proposing a modification shall comply with the requirements of chapter 91,
Hawaii Revised Statutes, and allow not less than thirty days for the public to
comment on the proposed modification, and conduct one or more public hearings
where comments to the proposed action shall be received.
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SECTION 3.
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Any resident of the State may petition an agency that has established
environmental action levels or similar triggering mechanism for the
modification of any established environmental action levels or similar
triggering mechanisms.
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The agency shall
promptly respond to the petition in the manner provided by chapter 91, Hawaii
Revised Statutes.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
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Report Title:
EALs;
Toxic Chemicals; Pollutants; Procedural Requirements; Public Notice
Description:
Requires state
agencies that monitor environmental toxins and pollutants to establish
environmental action levels (EALs) to ensure the preservation of a safe
environment.
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Prohibits modifications to
EALs unless certain procedural requirements are met.
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Establishes a process to allow any resident
to petition for modifications to an established EAL.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.