STAND. COM. REP. NO. 198

Honolulu, Hawaii

, 2021

RE: H.B. No. 1349

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 1349 entitled:

"A BILL FOR AN ACT RELATING TO STATEWIDE COMPOSTING,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require the Department of Health to:

(A) Establish a multi-tiered registration and permitting system for all classes of solid waste composting facilities; and

(B) Update its co-composting rules by January 1, 2023, and every ten years thereafter; and

(2) Permit composting and co-composting operations in agricultural districts.

Your Committee received testimony in support of this measure from the Office of Economic Development of the County of Kaua‘i, Climate Protectors Coalition, Zero Waste Oahu, and four individuals. Your Committee received testimony in opposition to this measure from the Department of Health. Your Committee received comments on this measure from the Department of Agriculture, Land Use Commission, and Hawai‘i Farm Bureau.

Your Committee finds that landfills in the State are rapidly reaching capacity and facing the burden of closure and re-siting, a process that will be costly to the counties and create community resentment. Clarifying the composting and co-composting regulations will greatly increase the number of operators diverting organics from landfills and incinerators, which will aid the State and counties in reaching their sustainability, resilience, and fiscal goals.

Your Committee has amended this measure by:

(1) Clarifying certain findings relating to composting;

(2) Deleting language that would have required the Department of Health to establish a multi-tiered registration and permitting system for all classes of solid waste composting facilities;

(3) Deleting language that would have required the Department of Health to update its co-composting rules by January 1, 2023, and every ten years thereafter;

(4) Changing the effective date to July 1, 2050, to encourage further discussion; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1349, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1349, H.D. 1, and be referred to your Committee on Health, Human Services, & Homelessness.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

____________________________

NICOLE E. LOWEN, Chair