STAND. COM. REP. NO. 2255

Honolulu, Hawaii

RE: S.B. No. 2262

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committees on Health and Human Services, Agriculture and Environment, and Energy and Intergovernmental Affairs, to which was referred S.B. No. 2262 entitled:

"A BILL FOR AN ACT RELATING TO POLLUTION,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Require the Department of Health to establish and administer a centralized reporting system for the public to report solid waste pollution violations;

(2) Increase penalties for solid waste pollution violations;

(3) Establish a State-County Illegal Dumping Task Force and reporting requirements;

(4) Increase penalties for felony and petty misdemeanor disposal of solid waste;

(5) Define "carcass" for purposes of hazardous waste; and

(6) Increase penalties for unlawful hazardous waste disposal.

Your Committees received testimony in support of this measure from one individual.

Your Committees received comments on this measure from the Department of Health and Cares.

Your Committees find that illegal dumping and improper management of solid and hazardous waste continue to pose significant environmental and public health risks statewide. Your Committees further find that there is a need for stronger statewide coordination, clearer accountability, and modernized enforcement tools. This measure responds to community concerns about growing waste impacts on public health, natural resources, and local neighborhoods by improving oversight, enhancing deterrence, and ensuring timely response to violations.

Your Committees have amended this measure by:

(1) Clarifying that the centralized reporting system for use by the public is to report complaints, rather than violations since a determination of a violation may require an investigation;

(2) Inserting language to clarify that the Department of Health shall receive, track, and assign to the appropriate state authorities, in addition to county authorities, all reports from the public;

(3) Deleting language that would have established a tiered penalty arrangement for violations of chapter 342H, Hawaii Revised Statutes, relating to solid waste pollution;

(4) Increasing the maximum penalty amount for violations of chapter 342H, Hawaii Revised Statutes, from $10,000 to $25,000;

(5) Inserting language to increase the maximum penalty amount for any person who denies, obstructs, or hampers the entrance or inspection by any duly authorized officer or employee of the department of any building, place, or vehicle which the officer or employee is authorized to enter and inspect, from $500 to $10,000;

(6) Clarifying that vehicle forfeiture and community service penalties shall be enforced under sections 342H-37 and 342H-39, Hawaii Revised Statutes, rather than section 342H-9, Hawaii Revised Statutes;

(7) Adding the Chairperson of the Board of Land and Natural Resources, or the Chairperson's designee, as a member of the State-County Illegal Dumping Task Force;

(8) Inserting language to clarify that disposal of solid waste in an amount less than one cubic yard in volume that is not permitted by law to be subject to section 708-829, Hawaii Revised Statutes, relating to criminal littering;

(9) Inserting language to clarify that there is no maximum penalty amount for chronic or excessive offenses of disposal of solid waste under section 342H-39, Hawaii Revised Statutes, petty misdemeanor disposal of solid waste;

(10) Deleting language that would have defined "carcass" and included this term in the definition of "hazardous waste" under section 342J-2, Hawaii Revised Statutes, relating to hazardous waste;

(11) Deleting language that would have enhanced penalties for violations of chapter 342J, Hawaii Revised Statutes, relating to hazardous waste;

(12) Inserting language to require fines and penalties collected under sections 342H-37 and 342H-49, Hawaii Revised States, to be deposited into the Environmental Response Revolving Fund established by section 128D-2, Hawaii Revised Statutes;

(13) Inserting an effective date of January 30, 2050, to encourage further discussion; and

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

As affirmed by the records of votes of the members of your Committees on Health and Human Services, Agriculture and Environment, and Energy and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2262, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2262, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services, Agriculture and Environment, and Energy and Intergovernmental Affairs,

________________________________ MIKE GABBARD, Chair	________________________________ JOY A. SAN BUENAVENTURA, Chair
	________________________________ GLENN WAKAI, Chair