SB2437

SECTION 1. The legislature finds that diversion and recycling of construction and demolition debris are best practices that can offer substantial benefits to the State. Through increased diversion and recycling of debris, the State can eliminate nearly two thousand tons of construction and demolition waste that are currently deposited into landfills each day. Landfills throughout the State that accept construction and demolition debris have less than one decade of life remaining, and all public landfills throughout the State are also approaching maximum capacity. On Oahu, the Waimanalo Gulch Sanitary Landfill, the island's only public landfill, has a closure date of 2028. On Hawaii island, the closing of the South Hilo Sanitary Landfill in 2019 leaves only the Puuanahulu landfill remaining. Kauai's only landfill, the Kekaha landfill, is expected to become full in about eight years. And for the islands of Maui, Lanai, and Molokai, all of their landfills are expected to reach capacity in the next twenty years.

The legislature also finds that there is a disproportionate effect on the communities that must bear the burden of hosting these landfill sites. From declining property values to a proliferation of environmental consequences, the residents of communities such as Nanakuli and Kekaha must unfairly endure the weight of tons of waste from all of their island's residents. This is a burden that should be shared and can be mitigated through an increase in recycling and diversion of this waste.

The legislature further finds that there are few incentives for public and private sector entities to invest in recycling processes for construction and demolition debris. This lack of investment constitutes a significant opportunity for economic development and environmental sustainability.

Accordingly, the purpose of this Act is to:

(1) Require the state building code to incorporate the International Green Construction Code; and

(2) Set specified targets for the recycling, reuse, donation, and resale of nonhazardous construction waste.

SECTION 2. Section 107-25, Hawaii Revised Statutes, is amended to read as follows:

"§107-25 Hawaii state building codes; requirements. (a) There is established the Hawaii state building codes applicable to all construction in the State of Hawaii. The Hawaii state building codes shall be based upon:

(1) The state fire code as adopted by the state fire council;

(2) The Uniform Plumbing Code, as copyrighted and published by the International Association of Plumbing and Mechanical Officials, including its appendices;

(3) The International Building Code, the International Residential Code, and the International Energy Conservation Code, as published by the International Code Council;

(4) The National Electrical Code, as published by the National Fire Protection Association;

(5) Hawaii design standards implementing the criteria pursuant to Act 5, Special Session Laws of Hawaii, 2005, as applicable to:

(A) Emergency shelters built to comply with hurricane resistant criteria, including enhanced hurricane protection areas capable of withstanding a five hundred-year hurricane event as well as other storms and natural hazards; and

(B) Essential government facilities requiring continuity of operations; [~~and~~]

(6) Code provisions based on nationally published codes or standards that include but are not limited to residential and hurricane resistant standards related to loss mitigation standards in accordance with section 431P-12, elevator, mechanical, flood and tsunami, existing buildings, and onsite sewage disposal[.]; and

(7) Code provisions based on the latest edition of the International Green Construction Code, as published by the International Code Council, to address material resource conservation and efficiency; construction material management; construction waste management and waste management; and construction material reuse and recycling.

(b) The state building codes shall include a requirement that at least twenty-five per cent of nonhazardous construction waste from the construction, deconstruction, or demolition of public buildings and at least twenty per cent of nonhazardous construction waste from the construction, deconstruction, or demolition of private buildings shall be diverted from disposal and made available for recycling, reuse, donation, or resale. The codes shall specify the method for verification of compliance with this subsection.

(c) All recycle, reuse, donation, and resale provisions established by subsection (b) shall comply with the following requirements:

(1) The location for collection, separation, and storage of recyclable construction materials and construction waste shall be identified;

(2) The type of construction materials and construction waste to be diverted from disposal by efficient usage, recycle, reuse, donation, or resale shall be specified by type;

(3) The percentage of construction materials and construction waste to be diverted shall not include concrete foundations or concrete masonry unit walls and shall be specified and calculated by mass; and

(4) Receipts or other documentation related to diversion shall be maintained throughout the course of construction, deconstruction, or demolition and made available for inspection by an appropriate designee of the State or county.

(d) For the purposes of this section:

"Construction" shall have the same meaning as defined in section 103D-104.

"Construction materials" and "construction waste" shall include all material delivered to a construction site and intended for installation, including related packaging."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2437
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII