HOUSE OF REPRESENTATIVES	H.C.R. NO.	200
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

HOUSE CONCURRENT

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, the Senate concurring, 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 Concurrent Resolution be transmitted to the United States Secretary of Defense and Adjutant General.

 

 

 

OFFERED BY:

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Report Title: 

United States Department of Defense; Per- and Polyfluoroalkyl Substances