STAND. COM. REP. NO. 1760

Honolulu, Hawaii

RE: H.B. No. 969

H.D. 2

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 969, H.D. 2, S.D. 1, entitled:

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

begs leave to report as follows:

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

Your Committee received written comments in support of this measure from the Office of Hawaiian Affairs; Board of Water Supply; Climate Protectors Hawaii; Conservation Council for Hawaii; Country Talk Story; Dole Food Company Hawaii; Green Party of Hawaii; Green World Coffee Farm; Hawaii Farm Bureau; Hawaii Farmers Union; Hawaii Reef and Ocean Coalition; IBEW Local 1260; North Shore Chamber of Commerce; Sierra Club of Hawaii; Sustainable Hawaii, LLC; and numerous individuals.

Your Committee received written comments in opposition to this measure from the Department of Health.

Your Committee received written comments on this measure from the City and County of Honolulu, County of Kauai Solid Waste Division, County of Maui, Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34, Prince Kuhio Hawaiian Civic Club, Reworld, and one individual.

Your Committee finds that prohibiting construction, modification, or expansion of waste or disposal facilities above a significant aquifer will help protect the water quality and ensure the sustainability of the aquifer as a clean water source. Your Committee further finds that these prohibitions will reduce the risk of contamination from hazardous materials infiltrating the groundwater, thus safeguarding public health and the environment.

Your Committee has amended this measure by:

(1) Defining "significant aquifer" as any aquifer sitting below Class A or B agricultural lands as designated by the Land Use Commission; and

(2) Changing the effective date to upon approval.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 969, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 969, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

________________________________

DONOVAN M. DELA CRUZ, Chair