SB 438 Hawaii Senate · 2025 Regular Session

RELATING TO WASTE DISPOSAL FACILITIES.

Summary
Prohibits landfill units on land in an agricultural district with class A soils. Beginning 7/1/2025, narrows the prohibition on constructing, modifying, or expanding waste or disposal facilities within a one-half mile buffer zone of residential, school, or hospital property lines to apply specifically to landfill units or components of landfill units. Beginning 7/1/2025, prohibits the construction, modification, or expansion of a landfill unit, or any component of a landfill unit, inland of an underground injection control line in a county with a population greater than five hundred thousand, with certain exemptions. Effective 7/1/3000. (HD3)
Bill status passed both 4 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2025
Senate Passage
Mar 2025
House Passage
Apr 2025
Governor
Introduced Jan 16, 2025 Last action Apr 10, 2025
Maddy AI version diff · 5 comparisons

What changed between versions

SB438_SD1 SB438_SD2 · 8 edits
MODERATE
This bill significantly strengthens protections for Hawaii's water resources and agricultural land by prohibiting new waste facilities near freshwater aquifers and on high-quality farmland. It also clarifies buffer zone requirements and restricts the use of fly ash from waste incinerators for road construction or landfill cover. These changes aim to prevent environmental contamination and preserve critical land resources for future generations.
Scope change
The bill expands restrictions to explicitly prohibit waste facilities on Class A and B agricultural land (high productivity soil) and clarifies that buffer zones must be established before constructing new facilities, with specific exemptions for existing permitted operations.
REQUIREMENT

Prohibits construction of new waste or disposal facilities near or above significant freshwater aquifers, as determined by the Department of Health in consultation with the Commission on Water Resource Management.

Explicitly prohibits waste facilities on agricultural land classified as Class A or B soil productivity to protect prime farmland.

Requires a one-half mile buffer zone between waste facilities and residential, school, or hospital properties before any new facility can be constructed, modified, or expanded.

Prohibits using fly ash, bottom ash, or mixed ash from municipal waste combustors for road building, construction, or as daily landfill cover material.

Requires fly ash and bottom ash from waste incinerators to be disposed of only in double-lined, licensed municipal solid waste or hazardous waste landfills.

DEFINITION

Defines 'significant aquifer' as a freshwater aquifer with potential for drinking water use, and clarifies 'buffer zone' as the distance from facility edge to nearest residential, school, or hospital property line.

EXEMPTIONS

Exempts existing permitted waste facilities from buffer zone requirements if they are not being physically expanded, and excludes individual non-industrial redemption centers from waste facility definitions.

ELIGIBILITY

Expands agricultural district definitions to include wind energy, solar facilities (with acreage limits on Class B/C land), biofuel production, and various agricultural support activities, while explicitly excluding golf courses and waste facilities from Class A/B agricultural land.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
32
Key actions
10
Committee
14
Amendments
1
Apr 10, 2025
Amended
Senate disagrees with House amendments.
upper
Apr 10, 2025
Introduced
Received from House (Hse. Com. No. 647).
upper
Apr 8, 2025
Lower · Passed
Passed Third Reading as amended in HD 3 with Representative(s) Amato, Iwamoto, Kila, Lee, M., Marten, Pierick, Reyes Oda voting aye with reservations; Representative(s) Alcos, Garcia, Kong, Muraoka, Shimizu voting no (5) and Representative(s) Cochran excused (1). Transmitted to Senate.
lower
Apr 2, 2025
Lower · Passed
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd; Ayes with reservations: Representative(s) Garcia, Shimizu; Noes: none; and 1 Excused: Representative(s) Cochran.
lower
Mar 21, 2025
Committee
Report adopted; referred to the committee(s) on JHA as amended in HD 2 with Representative(s) Alcos, Garcia, Kila, Lee, M., Reyes Oda voting aye with reservations; Representative(s) Muraoka voting no (1) and Representative(s) Cochran, Garrett, Kapela, Kitagawa, Ward excused (5).
lower
Mar 21, 2025
Committee
Reported from WAL (Stand. Com. Rep. No. 1487) as amended in HD 2, recommending referral to JHA.
lower
Mar 20, 2025
Lower · Passed
The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Hashem, Lamosao, Belatti, Ichiyama, Iwamoto, Morikawa, Poepoe, Shimizu, Souza; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Woodson.
lower
Mar 14, 2025
Committee
Reported from EEP (Stand. Com. Rep. No. 1253) as amended in HD 1, recommending passage on Second Reading and referral to WAL.
lower
Mar 13, 2025
Lower · Passed
The committee on EEP recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 5 Ayes: Representative(s) Lowen, Perruso, Kahaloa, Kusch, Quinlan; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Ward.
lower
Mar 6, 2025
Committee
Referred to EEP, WAL, JHA, referral sheet 19
lower
Mar 4, 2025
Introduced
Received from Senate (Sen. Com. No. 157) in amended form (SD 2).
lower
Mar 4, 2025
Upper · Passed
Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 24; Aye(s) with reservations: none. Noes, 1 (Senator(s) DeCorte). Excused, 0 (none). Transmitted to House.
upper
Feb 26, 2025
Upper · Passed
The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
upper
Feb 20, 2025
Upper · Passed
The committee(s) on WAM will hold a public decision making on 02-26-25 10:03AM; Conference Room 211 & Videoconference.
upper
Feb 14, 2025
Committee
Reported from HHS/WTL (Stand. Com. Rep. No. 583) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.
upper
Feb 10, 2025
Upper · Passed
The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Aquino, Hashimoto, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Keohokalole.
upper
Feb 10, 2025
Upper · Passed
The committee(s) on WTL recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WTL were as follows: 5 Aye(s): Senator(s) Inouye, Elefante, Chang, McKelvey, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
upper
Feb 5, 2025
Upper · Passed
The committee(s) on HHS/WTL has scheduled a public hearing on 02-10-25 1:05PM; Conference Room 229 & Videoconference.
upper
Jan 21, 2025
Committee
Referred to HHS/WTL, WAM.
upper
Jan 16, 2025
Introduced
Introduced.
upper
3 primary · 1 co-sponsor

Sponsors