Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2405 entitled:

begs leave to report as follows:

The purpose of this measure is to remove the restriction to issue solid waste permits to facilities, without regard to existing resource recovery facilities.

Testimony in opposition to this measure was submitted by the Board of Water Supply for the City and County of Honolulu, Department of Environmental Services for the City and County of Honolulu, Covanta Energy Group, and one individual. Comments were also submitted by Life of the Land.

Your Committee finds that there is an urgent need to address our community's solid waste management concerns. The current system is inadequate to meet the demands of our growing needs, and amendments to the current laws are necessary to accommodate these needs.

Thus, in considering some of the comments and concerns to this measure, your Committee adopted a change suggested by Life of the Land. Specifically, your Committee has amended this measure to prohibit the placement of a landfill over sole source aquifers, as defined by the Environmental Protection Agency. Your Committee finds that this recommendation is well reasoned and also addresses a concern articulated in the Board of Water Supply's testimony.

Your Committee believes that this amended measure is necessary to address this critical need. However, your Committee further recommends that continued discussion on this measure is necessary. Specifically, one issue that should be considered is the inclusion of environmental justice policy studies in decisions by the Department of Health when granting permits. Your Committee is aware that there are continued issues concerning the funding for these studies.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2405, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2405, S.D. 1.