Report Title:

Safe Drinking Water; Domestic Water Supply; Additives

Description:

Prohibits the addition of any product, substance, or chemical to the public water supply for the purpose of treating or affecting the physical or mental functions of the body of any person.

HOUSE OF REPRESENTATIVES

H.B. NO.

177

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DRINKING WATER.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Water is a necessity of life and, as such, the Constitution of the State of Hawaii declares that water from all sources is to be held in trust, to be administered and regulated by the government on behalf of the people of Hawaii. Through several decades, there has been much controversy over attempts to add certain substances to the domestic water supply in the belief that these additives will reduce the high incidence of tooth decay.

The legislature finds that susceptibility and response to these substances vary between individuals and that safety concerns, increasingly expressed by independent, renown chemists, cannot be ignored. The legislature also finds that the rights of individuals who do not wish to consume these substances must be protected; and that there are means to prevent tooth decay, other than through the domestic water supply. These means include the ingestion of the substances through tablets or appropriate education, prevention, and dental care.

Most of Hawaii's drinking water is derived from wells into which rain water has been "purified" through years of filtration through soil and subterranean material. As such, Hawaii's domestic water supply on all islands is equal to or exceeds water quality found in commercial bottled water.

The purpose of this Act is to further assure the safety of Hawaii's drinking water supply and to provide peace of mind, security, and freedom to its people.

SECTION 2. Chapter 340E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"340E- Drinking water; additives prohibited. Notwithstanding any law to the contrary, it shall be unlawful and a public nuisance for any person or agent, or any public or private water system, to add any product, substance, or chemical to the public water supply for the purpose of treating or affecting the physical or mental functions of the body of any person. This section shall not be construed to prohibit the addition of chemicals commonly used to make water safe and potable, such as chlorine."

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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