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.
HCR200 is a House Concurrent Resolution urging the United States Department of Defense to revisit prior PFAS-related environmental determinations and closure decisions made under CERCLA. The resolution argues that evolving science, recent federal hazardous substance designations, and the persistence and mobility of PFAS justify broader and more thorough investigation of contamination at military facilities in Hawaii.
The measure calls for additional or supplemental preliminary assessments and site inspections, expanded PFAS investigations across all military installations and former sites in the state, and sampling of a wide range of environmental media, including groundwater, drinking water, surface water, soil, sediment, stormwater, wastewater, indoor air, and nearshore marine environments. It also asks the Department of Defense to look beyond aqueous film-forming foam use areas and consider other PFAS sources such as industrial activities, medical uses, waste streams, and disposal practices, while publicly disclosing complete analytical results for all PFAS compounds tested and considering contamination status in state land-lease negotiations.
Because HCR200 is a concurrent resolution, it does not change Hawaii statutes or impose binding legal duties. Its practical effect is to express the Legislature’s position and to pressure the U.S. Department of Defense to broaden PFAS investigations and disclosures at Hawaii military sites, especially where state-owned lands and lease negotiations are involved. The resolution also reinforces the state’s environmental and water-protection interests by linking PFAS oversight to constitutional duties and future land-use decisions.
The available voting history shows strong support and no recorded opposition in committee, with the Senate Public Safety, Intergovernmental and Military Affairs Committee passing the measure 3-0 and the Senate Energy and Intergovernmental Affairs Committee passing it 5-0, both unamended. The bill’s tone is precautionary and protective, reflecting concern about contamination, transparency, and public health. Overall sentiment appears favorable toward stronger environmental review of military PFAS sites.
The main point of contention is the scope of the Department of Defense’s existing PFAS investigations in Hawaii. The resolution criticizes investigations that focus mainly on aqueous film-forming foam areas and close sites after limited sampling, arguing that they may miss other PFAS sources and migration pathways. Another tension is between federal military operational autonomy and the state’s interest in protecting water resources, public health, and state-owned lands. The bill also implies concern over incomplete disclosure of analytical results and the adequacy of current remediation and monitoring commitments.