HB 878: RELATING TO LANDFILLS.

A BILL FOR AN ACT

RELATING TO LANDFILLS.

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

     SECTION 1.  The legislature finds that, in Hawaii, landfills can pose environmental, health, and safety risks to nearby communities and ecosystems.  Of particular concern is the proximity of landfills to conservation areas that are designated to protect native species, habitats, and cultural resources.  The legislature further finds that extending the landfill buffer zone to one mile and applying the buffer zone to lands classified as conservation areas will ensure the protection of Hawaii's people and fragile natural environment.

     Accordingly, the purpose of this Act is to:

     (1)  Extend the landfill buffer zone from one-half mile to one mile; and

     (2)  Require the landfill buffer zone to apply to lands in the state conservation district and lands designated as national conservation areas.

     SECTION 2.  Section 342H-52, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

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

     For the purposes of this subsection:

     "Buffer zone" means the distance between the edge of waste or waste activity and the nearest residential[,] lot, school, [or] hospital [property line.], land parcel within the conservation district, or land parcel designated as a national conservation area and managed by the federal Bureau of Land Management through the National Landscape Conservation System pursuant to title 16 United States Code section 7202.

     "Conservation district" means the state land use district established pursuant to chapter 205.

     "Waste or disposal facility" excludes individual, state certified, non-industrial redemption centers."

     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:

Landfills; Waste Management; Buffer Zone; Conservation Lands

Description:

Extends the landfill buffer zone from one-half mile to one mile.  Requires the landfill buffer zone to apply to lands in the state conservation district and lands designated as national conservation areas.  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 landfills.

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

     SECTION 1.  The legislature finds that, in Hawaii, landfills can pose environmental, health, and safety risks to nearby communities and ecosystems.  Of particular concern is the proximity of landfills to conservation areas that are designated to protect native species, habitats, and cultural resources.  The legislature further finds that extending the landfill buffer zone to one mile and applying the buffer zone to lands classified as conservation areas will ensure the protection of Hawaii's people and fragile natural environment.

     Accordingly, the purpose of this Act is to:

     (1)  Extend the landfill buffer zone from one-half mile to one mile; and

     (2)  Require the landfill buffer zone to apply to lands in the state conservation district and lands designated as national conservation areas.

     SECTION 2.  Section 342H-52, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

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

     For the purposes of this subsection:

     "Buffer zone" means the distance between the edge of waste or waste activity and the nearest residential[,] lot, school, [or] hospital [property line.], land within the conservation district, or land designated as a national conservation area and managed by the federal Bureau of Land Management through the National Landscape Conservation System pursuant to title 16 United States Code section 7202.

     "Conservation district" means the state land use district established pursuant to chapter 205.

     "Waste or disposal facility" excludes individual, state certified, non-industrial redemption centers."

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

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

Report Title:

Landfills; Waste Management; Buffer Zone; Conservation Lands

Description:

Extends the landfill buffer zone from one-half mile to one mile.  Requires the landfill buffer zone to apply to lands in the state conservation district and lands designated as national conservation areas.

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.  311

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 878

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 878 entitled:

"A BILL FOR AN ACT RELATING TO LANDFILLS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Extend the landfill buffer zone from one-half mile to one mile; and

     (2)  Require the landfill buffer zone to apply to lands in the state conservation district and lands designated as national conservation areas.

     Your Committee received testimony in support of this measure from one member of the Honolulu City Council; Hawai‘i Farmers Union; and four individuals.  Your Committee received testimony in opposition to this measure from the Office of the Mayor of the City and County of Honolulu; Department of Public Works of the County of Kaua‘i; Environmental Caucus of the Democratic Party of Hawai‘i; and one individual.  Your Committee received comments on this measure from the Department of Land and Natural Resources; Department of Health; Office of the Mayor of the County of Maui; and Iron Workers Stabilization Fund, Local 625.

     Your Committee finds that Hawaii's unique ecosystems and cultural sites require stronger protections from the potential environmental and health hazards associated with landfills.  Expanding the landfill buffer zone to one mile and including certain conservation areas within its scope will help safeguard native species, critical habitats, and culturally significant lands.

     Your Committee has amended this measure by:

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

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     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. 878, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 878, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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