SB 738 Hawaii Senate · 2025 Regular Session

RELATING TO WASTEWATER MANAGEMENT.

Summary
Requires a wastewater treatment works to test sewage sludge and any other residual material for the presence of PFAS. Requires the Department of Health to adopt administrative rules for the safe disposal and sequestration of sewage sludge and other residual material that contain specific amounts of PFAS. Prohibits the issuance or renewal of permits if testing yields PFAS in sewage sludge or other residual material on land used for agronomic purposes, on land where drainage tiles have been installed, on land that drains into waters of the State, or land in a five hundred-year floodplain. Effective 12/31/2050. (SD1)
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 17, 2025 Last action Feb 14, 2025
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What changed between versions

SB738 SB738_SD1 · 5 edits
MODERATE
This bill updates Hawaii's wastewater management laws to require testing for PFAS (per- and polyfluoroalkyl substances) in sewage sludge and restricts land application if PFAS are detected. The most significant change is replacing the vague 'any amount' standard with a requirement for rules specifying 'specific amounts' of PFAS that trigger safe disposal requirements. The effective date was also changed from immediate enactment to December 31, 2050, providing a long planning horizon.
Scope change
The bill now applies to wastewater treatment works that have been designed and approved for land application of sewage sludge (more specific than the original 'wastewater treatment plant'), and changes the PFAS definition to align with federal terminology.
DEFINITION

Changed PFAS definition from referencing another statute to providing a specific technical definition based on fluorinated chemical structures

REQUIREMENT

Changed PFAS threshold from 'any amount' to 'specific amounts' that the Department of Health must establish through administrative rules

TIMELINE

Extended effective date from immediate enactment to December 31, 2050

ELIGIBILITY

Narrowed applicability to wastewater treatment works specifically designed and approved for land application of sewage sludge

ENFORCEMENT

Changed permit language from 'any amount' to 'specific amounts' when determining when land application is prohibited

Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
8
Key actions
3
Committee
5
Feb 14, 2025
Committee
Reported from HHS/AEN (Stand. Com. Rep. No. 557) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.
upper
Feb 7, 2025
Upper · Passed
The committee(s) on AEN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in AEN were as follows: 5 Aye(s): Senator(s) Gabbard, Richards, DeCoite, Rhoads, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
upper
Feb 7, 2025
Upper · Passed
The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Aquino, Hashimoto, Keohokalole; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella.
upper
Feb 4, 2025
Upper · Passed
The committee(s) on HHS/AEN has scheduled a public hearing on 02-07-25 2:00PM; Conference Room 225 & Videoconference.
upper
Jan 23, 2025
Committee
Referred to HHS/AEN, WAM.
upper
Jan 17, 2025
Introduced
Introduced.
upper
1 primary · 2 co-sponsors

Sponsors