SB 438 Hawaii Senate · 2026 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)

Issues: ✓ Environment

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Apr 2026

Senate Passage

Mar 2025

House Passage

Apr 2025

Governor

Introduced Jan 16, 2025 Last action Apr 17, 2026

Maddy AI version diff · 5 comparisons

What changed between versions

SB438_SD1 → SB438_SD2 · 6 edits

MODERATE

SB 438 was amended to replace a previous waste facility buffer zone requirement with a new, stricter prohibition on using fly ash and bottom ash from municipal waste combustors for road building, construction, or landfill cover. The bill also updated the definition of 'landfill unit' and clarified that existing permitted facilities are exempt from the new buffer zone rules only if they do not require physical expansion. These changes aim to reduce environmental risks associated with specific waste materials while maintaining protections for existing infrastructure.

Scope change

The bill's scope shifted from a general buffer zone mandate for all waste facilities to a specific ban on using certain combustion byproducts (fly ash and bottom ash) for construction and landfill purposes, while retaining buffer zone requirements for new or expanded landfill units.

REQUIREMENT

Removed the standalone requirement establishing a one-half mile buffer zone around all new or expanded waste or disposal facilities.

Added a prohibition on utilizing fly ash, bottom ash, or their combinations from municipal waste combustors for road building, construction, or as alternative daily cover on landfills.

Modified the buffer zone requirement to apply specifically to landfill units, exempting existing permitted facilities only if their continued operation does not require physical expansion.

DEFINITION

Redefined 'landfill unit' to specifically mean a municipal solid waste landfill unit or a construction and demolition landfill unit.

Moved the definition of 'waste or disposal facility' to exclude individual, state-certified, non-industrial redemption centers.

TIMELINE

Added an effective date of July 1, 2025, for the prohibition on using fly ash and bottom ash.

Floor votes

How they voted

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

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 17, 2026

Committee

Re-Referred to HHS/WLA, WAM.

upper

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

Lower · Passed

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

Upper · Passed

Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.

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