HB 1673: Landfill Units; Underground Injection Control Line; No-Pass Zone; Parcels and Zoning Information App; Prohibition; City and County of Honolulu

A BILL FOR AN ACT

RELATING TO LANDFILL UNITS.

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

     SECTION 1.  The legislature finds that the State must ensure that Oahu's freshwater aquifers are protected from landfill contamination.  The legislature further finds that Act 255, Session Laws of Hawaii 2025 (Act 255), established a prohibition on the construction, modification, and expansion of landfill units, or any components of landfill units, inland of an underground injection control line designated by the department of health in a county with a population greater than five hundred thousand.  This prohibition is codified in section 342H-52(c), Hawaii Revised Statutes.  The legislature also finds that after Act 255 was enacted, the city and county of Honolulu updated its Parcels and Zoning Information App by adding a pass/no-pass zone layer developed by the Honolulu board of water supply based on research and data analysis, which may be used as guidelines for the manager and chief engineer of the Honolulu board of water supply in determining whether to approve a proposed waste disposal facility.  The no-pass zone represents areas over the freshwater aquifer with a smaller or nonexistent caprock, meaning that these areas are susceptible to contamination, which may be a basis for the manager to withhold approval of the proposed facility.

     The legislature understands that without the specific prohibition in section 342H-52(c), Hawaii Revised Statutes, the manager and chief engineer would then be able to withhold approval of a landfill unit, or component thereof, based on its location within the no-pass zone instead of inland of an underground injection control line.

     Accordingly, the purpose of this Act is to repeal the prohibition in section 342H-52(c), Hawaii Revised Statutes, on the construction, modification, or expansion of a landfill unit, or any component thereof, inland of an underground injection control line in a county with a population greater than five hundred thousand, thereby allowing the manager and chief engineer of the board of water supply of that county to determine whether to approve a proposed landfill unit, or component thereof, within the no-pass zone instead.

     SECTION 2.  Section 342H-52, Hawaii Revised Statutes, is amended to read as follows:

     "§342H-52  Prohibitions; buffer zones.  (a)  No person, including any federal agency, the State, or any county, shall construct, operate, modify, expand, or close a municipal solid waste landfill unit, or any component of a municipal solid waste landfill unit, without first obtaining a permit from the director.  All permits for municipal solid waste landfill units shall be subject to any terms and conditions that the director determines are necessary to protect human health or the environment.

     (b)  Beginning July 1, 2025, no person, including the State or any county, shall construct, modify, or expand a landfill unit or component of a landfill unit without first establishing a buffer zone of no less than one-half mile around the landfill unit or component of a landfill unit.  This subsection shall not apply to the continued operation of an existing landfill unit or component of a landfill unit that is properly permitted; provided that continued operation does not require physical expansion, vertical or horizontal, of the landfill unit or component of a landfill unit requiring additional permitting review and a permit modification.

     [(c)  Beginning July 1, 2025, no person, including the State or any county, shall construct, modify, or expand a landfill unit or any component of a landfill unit inland of an underground injection control line in a county with a population greater than five hundred thousand.  This subsection shall not apply to the continued operation of an existing landfill unit or any component of a landfill unit that is properly permitted; provided that continued operation does not require physical expansion, vertical or horizontal, of the landfill unit or component of a landfill unit requiring additional permitting review and a permit modification.

     (d)] (c)  For the purposes of this section:

     "Buffer zone" means the distance between the edge of the landfill unit or component of the landfill unit and the nearest residential, school, or hospital property line.

     "Landfill unit" means a municipal solid waste landfill unit or a construction and demolition landfill unit.

     ["Underground injection control line" means the line determined by the department under rules adopted or regulations promulgated pursuant to section 340E-2.]"

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Landfill Units; Underground Injection Control Line; No-Pass Zone; Parcels and Zoning Information App; Prohibition; City and County of Honolulu

Description:

Repeals the prohibition on the construction, modification, or expansion of a landfill unit, or any component of a landfill unit, inland of an underground injection control line in a county with a population greater than five hundred thousand.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to landfill units.

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

     SECTION 1.  The legislature finds that the State must ensure that Oahu's freshwater aquifers are protected from landfill contamination.  The legislature further finds that Act 255, Session Laws of Hawaii 2025 (Act 255), established a prohibition on the construction, modification, and expansion of landfill units, or any components of landfill units, inland of an underground injection control line designated by the department of health in a county with a population greater than five hundred thousand.  The legislature also finds that after Act 255 was passed, the city and county of Honolulu updated its Parcels and Zoning Information App by adding a pass/no-pass zone layer developed by the Honolulu board of water supply based on research and data analysis, which may be used as guidelines for the manager and chief engineer of the Honolulu board of water supply in determining whether to approve a proposed waste disposal facility.  The no-pass zone represents areas over the freshwater aquifer with a smaller or nonexistent caprock, meaning that these areas are susceptible to contamination, which may be a basis for the manager to withhold approval of the proposed facility.

     Accordingly, the purpose of this Act is to, beginning July 1, 2026, prohibit the construction, modification, or expansion of a landfill unit, or any component of a landfill unit, within the no-pass zone in a county with a population greater than five hundred thousand, with certain exemptions.

     SECTION 2.  Section 342H-52, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

     "(c)  Beginning July 1, [2025,] 2026, no person, including the State or any county, shall construct, modify, or expand a landfill unit or any component of a landfill unit [inland of an underground injection control line] within the no-pass zone in a county with a population greater than five hundred thousand.  This subsection shall not apply to the continued operation of an existing landfill unit or any component of a landfill unit that is properly permitted; provided that continued operation does not require physical expansion, vertical or horizontal, of the landfill unit or component of a landfill unit requiring additional permitting review and a permit modification.

     (d)  For the purposes of this section:

     "Buffer zone" means the distance between the edge of the landfill unit or component of the landfill unit and the nearest residential, school, or hospital property line.

     "Landfill unit" means a municipal solid waste landfill unit or a construction and demolition landfill unit.

     ["Underground injection control line" means the line determined by the department under rules adopted or regulations promulgated pursuant to section 340E-2.]

     "No-pass zone" means areas over the freshwater aquifer with a smaller or nonexistent caprock, as designated by the city and county of Honolulu board of water supply in the version of the Parcels and Zoning Information App, or a subsequent application with the same purpose, that is published as of the date of submission of any permit or other request for approval to construct, modify, or expand a landfill unit or any component of a landfill unit."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2026.

Report Title:

Landfill Units; No-Pass Zone; Parcels and Zoning Information App; Prohibition; City and County of Honolulu

Description:

Beginning 7/1/2026, prohibits the construction, modification, or expansion of a landfill unit, or any component of a landfill unit, within the no-pass zone in a county with a population greater than five hundred thousand, with certain exemptions.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  98-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1673

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 1673 entitled:

"A BILL FOR AN ACT RELATING TO LANDFILL UNITS,"

begs leave to report as follows:

     The purpose of this measure is to prohibit, beginning on July 1, 2026, the construction, modification, or expansion of a landfill unit, or any component of a landfill unit, within the no-pass zone in a county with a population greater than five hundred thousand, with certain exemptions.

     Your Committee received testimony in support of this measure from the Honolulu Board of Water Supply; Energy Justice Network; and two individuals.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Department of Health; Department of Environmental Services of the City and County of Honolulu; and two individuals.

Your Committee finds that the flow of groundwater can be unpredictable and relatively quick.  Contamination from landfill leachate poses a considerable risk to Oahu's groundwater aquifer and drinking-water resources.  This measure seeks to prevent the occurrence of such a grave public-health and environmental peril.

     Your Committee further finds that Act 255, Session Laws of Hawaii 2025 (Act 255), established a prohibition on the construction, modification, and expansion of landfill units, or any components thereof, inland of an underground injection control line in a county with a population greater than five hundred thousand.  This prohibition is codified in section 342H-52(c), Hawaii Revised Statutes.  The City and County of Honolulu subsequently updated its Parcels and Zoning Information App by adding a pass/no-pass zone layer developed by the Honolulu Board of Water Supply, which may be used as guidelines for the Manager and Chief Engineer of the Honolulu Board of Water Supply in determining whether to approve a proposed landfill unit, or component thereof.

     Your Committee understands that without the specific statutory prohibition in section 342H-52(c), Hawaii Revised Statutes, the Manager and Chief Engineer would then be able to withhold approval of a landfill unit, or component thereof, based on its location within the no-pass zone instead of inland of an underground injection control line.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting the prohibition, beginning on July 1, 2026, against the construction, modification, or expansion of a landfill unit, or any component of a landfill unit, within the no-pass zone in a county with a population greater than five hundred thousand, with certain exemptions;

     (2)  Repealing section 342H-52(c), Hawaii Revised Statutes;

     (3)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committee notes the concerns raised in testimony about the potential threat to aquifers of ash from incinerated trash used in roadbuilding and other shallow applications and requests your Committee on Energy & Environmental Protection, should it deliberate on this measure, to consider amendments to limit disposal methods and reuse of ash to better protect aquifers.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1673, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1673, H.D. 1, and be referred to your Committee on Energy & Environmental Protection.

Respectfully submitted on behalf of the members of the Committee on Water & Land,