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SB2769
THE SENATE
S.B. NO.
2769
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to landfill units
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that the State
must ensure that Oahu's freshwater aquifers are protected from landfill
contamination.
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The legislature further
finds that Act 255, Session Laws of Hawaii 2025 (Act 255), established a
prohibition on the construction, modification, and expansion of landfill units,
or any components of landfill units, inland of an underground injection control
line designated by the department of health in a county with a population
greater than five hundred thousand.
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The
legislature also finds that after Act 255 was passed, the city and county of
Honolulu updated its Parcels and Zoning Information App by adding a pass/no-pass
zone layer developed by the Honolulu board of water supply based on research
and data analysis, which may be used as guidelines for the manager and chief
engineer of the Honolulu board of water supply in determining whether to
approve a proposed waste disposal facility.
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The no-pass zone represents areas over the freshwater aquifer with a
smaller or nonexistent caprock, meaning that these areas are susceptible to
contamination, which may be a basis for the manager to withhold approval of the
proposed facility.
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Accordingly,
the purpose of this Act is to, beginning July 1, 2026, prohibit
the construction, modification, or expansion of a landfill
unit, or any component of a landfill unit, within the no-pass zone in a county
with a population greater than five hundred thousand, with certain exemptions
.
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SECTION
2
.
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Section 342H-52, Hawaii Revised Statutes, is
amended by amending subsections (c) and (d) to read as follows:
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"(c)
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Beginning July 1, [
2025,
]
2026,
no person, including the State or any county, shall construct, modify, or
expand a landfill unit or any component
of a landfill
unit [
inland of an underground injection control line
]
within the no-pass
zone
in a county with a population greater than
five hundred
thousand.
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This subsection shall not
apply to the continued operation of an existing landfill unit or any component
of a landfill unit that is properly permitted; provided that continued
operation does not require physical expansion, vertical or horizontal, of the
landfill unit or component of a landfill unit requiring additional permitting
review and a permit modification.
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(d)
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For the purposes of this section:
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"Buffer zone" means the
distance between the edge of the landfill unit or component of the landfill
unit and the nearest residential, school, or hospital property line.
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"Landfill unit" means a
municipal solid waste landfill unit or a construction and demolition landfill
unit.
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[
"Underground injection
control line" means the line determined by the department under rules
adopted or regulations promulgated pursuant to section 340E-2.
]
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"No-pass
zone" means areas over the freshwater aquifer with a smaller or
nonexistent caprock, as designated by the city and county of Honolulu board of
water supply in the version of the Parcels and Zoning Information App, or a
subsequent application with the same purpose, that is published as of the date
of submission of any permit or other request for approval to construct, modify,
or expand a landfill unit or any component of a landfill unit.
"
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SECTION
3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 4.
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This Act shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Landfill Units;
No-Pass Zone; Parcels and Zoning Information App; Prohibition; City and County
of Honolulu
Description:
Beginning
7/1/2026, prohibits the construction, modification, or expansion of a landfill
unit, or any component of a landfill unit, within the no-pass zone in a county
with a population greater than five hundred thousand, with certain exemptions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.