STAND. COM. REP. NO. 593

Honolulu, Hawaii

, 2025

RE: H.B. No. 969

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. 969, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO WASTE OR DISPOSAL FACILITIES,"

begs leave to report as follows:

The purpose of this measure is to prohibit the construction, modification, or expansion of any waste or disposal facility on land that is near or above a significant aquifer, as determined by the Department of Health.

Your Committee received testimony in support of this measure from the Honolulu Board of Water Supply; International Brotherhood of Electrical Workers Local 1260; Sierra Club of Hawai‘i; Hawai‘i Farm Bureau; North Shore Chamber of Commerce; Environmental Caucus of the Democratic Party of Hawai‘i; Hawaii Reef and Ocean Coalition; Chamber of Sustainable Commerce; Free Access Coalition; Association of Hawaiian Civic Clubs; Kupuna for the Moopuna; and numerous individuals. Your Committee received testimony in opposition to this measure from two individuals. Your Committee received comments on this measure from the Department of Health; Department of Environmental Services of the City and County of Honolulu; Hawaiʻi Environmental Change Agents-Solid Waste Reduction Task Force; Energy Justice Network; and three individuals.

Your Committee finds that although waste and disposal facilities are necessary, their location should be carefully considered to prevent harm to the public health and environment as there is a serious risk of harmful leachate seeping into the ground on which the facilities sit. This is particularly dangerous if the waste or disposal facility is situated atop a freshwater aquifer, as leachate infiltration can introduce harmful pollutants into drinking water and agricultural irrigation systems. Your Committee believes that prohibiting the construction, modification, or expansion of waste and disposal facilities on land that is above a significant aquifer, as proposed by this measure, will enable the State to fulfill its role as the primary guardian of public trust resources, including fresh water.

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. 969, H.D. 1, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs.

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

____________________________

MARK J. HASHEM, Chair