STAND. COM. REP. NO. 1492

Honolulu, Hawaii

, 2023

RE: S.B. No. 388

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committees on Energy & Environmental Protection and Water & Land, to which was referred S.B. No. 388 entitled:

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

beg leave to report as follows:

The purpose of this measure is to prohibit the construction, modification, or expansion of any waste or disposal facility for hazardous waste or solid waste on land that is near or above a significant aquifer.

Your Committees received testimony in support of this measure from the Honolulu Board of Water Supply, Environmental Caucus of the Democratic Party of Hawai‘i, Hawai‘i Farm Bureau, Hawai‘i Reef and Ocean Coalition, Hawaii Fire Fighters Association, International Brotherhood of Electrical Workers Local Union 1186, Kapolei Chamber of Commerce, and five individuals. Your Committees received comments on this measure from the Department of Health and Department of Environmental Services of the City and County of Honolulu.

Your Committees find that protecting the State's valuable aquifers is a high priority, as the water system serves Hawaii's residents and visitors. Your Committees further find that to ensure the protection and preservation of the State's fresh water aquifers, waste and disposal facilities are prohibited under existing law from being in a conservation district, except in emergency circumstances. This measure adds further protections to prevent the construction, modification, or expansion of a waste or disposal facility for solid waste or hazardous waste on land that is near or above a significant aquifer.

Your Committees have amended this measure by:

(1) Changing the effective date to June 30, 3000, to encourage further discussion; and

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

As affirmed by the records of votes of the members of your Committees on Energy & Environmental Protection and Water & Land that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 388, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 388, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committees on Energy & Environmental Protection and Water & Land,

____________________________ LINDA ICHIYAMA, Chair

____________________________ NICOLE E. LOWEN, Chair