STAND. COM. REP. NO. 836

Honolulu, Hawaii

RE: S.B. No. 446

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 S.B. No. 446, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO WASTE MANAGEMENT,"

begs leave to report as follows:

The purpose and intent of this measure is to prohibit landfills in areas where a landfill could cause groundwater contamination.

Specifically, this measure:

(1) Prohibits landfills in no pass zones; and

(2) Prohibits the use of fly ash or bottom ash from a municipal waste combustor for road building, construction, or as alternative daily cover material on a landfill.

Your Committee received written comments in support of this measure from the Office of Hawaiian Affairs, Energy Justice Network, Hawaii Farm Bureau, Pele Lani Farm LLC, Association of Hawaiian Civic Clubs, Shimanchu Wai Protectors, Environmental Caucus of the Democratic Party of Hawaii, Sierra Club of Hawaii, and numerous individuals.

Your Committee received written comments in opposition to this measure from the City and County of Honolulu, Reworld, and County of Hawaii Department of Environmental Management.

Your Committee received written comments on this measure from the Department of Health and Board of Water Supply.

Your Committee finds that establishing distance restrictions on landfill unit locations will help to protect drinking water resources while managing the need for waste disposal.

Your Committee has amended this measure by:

(1) Deleting all references and content related to no pass zones;

(2) Limiting the landfill unit restriction to mauka of the underground injection control line;

(3) Changing the buffer zone from one-half mile to one‑quarter mile; and

(4) Clarifying the vertical expansion prohibition of the landfill unit.

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 S.B. No. 446, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 446, S.D. 2.

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

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DONOVAN M. DELA CRUZ, Chair