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Committee advances bill to bar waste facilities over significant aquifers; city warns of landfill siting constraints

2184852 · January 31, 2025
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Summary

HB 969 would prohibit construction, modification or expansion of waste disposal facilities on land near or above significant aquifers. The committee advanced the measure after receiving testimony from utilities, county solid‑waste managers and community advocates.

The House committee on Thursday passed HB 969 with amendments that would bar the construction, modification or expansion of waste or disposal facilities on land that is near or above a significant aquifer as determined by the Department of Health.

Proponents told the committee that protecting aquifers from long‑term contamination is essential in the wake of the Red Hill fuel‑contamination episode. Mariko Quinn, an individual testifier, urged lawmakers to “avoid the mistakes and learn the lessons that Red Hill presented us with,” saying landfills are a “forever commitment” that can leach contaminants over time.

Ernie Lau, manager for the Honolulu Board of Water Supply, testified in strong support and asked the committee to protect water resources.

City and county officials raised practical concerns. Mike O’Keefe, deputy director of the City and County of Honolulu Department of Environmental Services, warned the committee that, as drafted, a prohibition above aquifers could leave Oahu with no legally permissible, feasible landfill siting options under existing constraints (including Act 73 and other federal/state restrictions). He said that unless Act 73 is amended or other siting pathways are identified, the city could be forced to pursue prohibited expansions at existing sites or seek state action to identify alternative lands.

The Sierra Club of Hawaii and other environmental groups provided written and oral testimony in support of HB 969. Labor representatives also offered support on the record. Committee members moved the bill forward with a defective date to allow subsequent drafting coordination across agencies and to note the need for alternatives for Oahu if the statute is enacted as written.

Ending: The committee advanced HB 969 while asking counties and state agencies to reconcile practical landfill siting constraints and statutory protections for aquifers before the measure proceeds further.