House committee narrows landfill siting bill, removes ash-reuse ban pending DOH study

The House Committee on Energy and Environmental Protection on March 13 advanced Senate Bill 438 SD2 with amendments that clarify landfill siting rules near significant aquifers and remove a newly added prohibition on reusing ash until the Department of Health completes further review.

The amendment narrows the bill’s scope to counties with populations over 500,000, clarifies the definition of a “landfill unit,” and states there shall be no landfill units inland of the underground injection control line. Committee members also removed the provision that would have prohibited reuse of incinerator ash pending further Department of Health study.

The changes followed a lengthy hearing in which county waste managers, water suppliers, community groups and environmental organizations offered opposing views. Roger Babcock, director of the Department of Environmental Services for the City and County of Honolulu, testified in opposition to the ash-reuse language, saying the amendment would preclude ash recycling projects that divert up to 60% of ash away from landfills and make siting new landfills even more difficult.

Ernie Lau, manager and chief engineer of the Board of Water Supply, testified in support of measures to limit waste facilities near high-value water resources and said his office’s concern centers on whether contaminants in ash could be distributed across areas with important aquifers.

Neighborhood Board 34 representative Anthony McConnell Paris testified in opposition to the ash-reuse ban on behalf of his community, which hosts the H-POWER waste-to-energy facility and nearby landfills. He said prohibiting ash reuse would force more material into landfills that already affect local air and health outcomes and that his community is working with the city on safe recycling options.

Ryan Toyomura of reWorld, operator of the H-POWER bottom-ash handling facility, asked the committee to remove the ash language, saying the project uses bottom ash (not fly ash), that EPA has found bottom ash non-hazardous in some contexts, and that allowing reuse could divert as much as 60% of ash from landfills.

Environmental groups including the Sierra Club of Hawaii and community advocates told the committee they support limiting hazardous and solid waste facilities near significant aquifers to protect drinking water and to address long-standing environmental justice concerns in West Oʻahu and other communities.

After taking testimony, the committee retained the bill’s core siting restrictions, adopted Department of Health technical suggestions to align definitions with other legislation, and removed the ash prohibition so the Department of Health can complete its due diligence on ash reuse. The committee also reset the defective date in the bill and moved it forward with amendments.

Votes at decision-making: Chair Loewen announced the recommendation to pass SB 438 SD2 with amendments; the chair and vice chair voted aye and the recommendation was adopted.

What’s next: The measure will advance with the committee’s amendments while state Health Department review of ash reuse continues.