HOUSE OF REPRESENTATIVES |
H.B. NO. |
1966 |
THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to solid waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that food safety is an essential component of food security. Each year, forty-eight million people in the United States get sick, 128,000 are hospitalized, and three thousand die from foodborne diseases. Reducing the risk that contaminants from waste and disposal facilities blow, flow, spill, or otherwise affect plants and animals on agricultural lands will enhance food safety.
The purpose of this Act is to require a buffer zone around agricultural districts and important agricultural lands with respect to the construction, modification, or expansion of a waste or disposal facility.
SECTION 2. Section 342H-52, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) No person, including the State or any county, shall construct, modify, or expand a waste or disposal facility including a municipal solid waste landfill unit, any component of a municipal solid waste landfill unit, a construction and demolition landfill unit, or any component of a construction and demolition landfill unit without first establishing a buffer zone of no less than one-half mile around the waste or disposal facility. This subsection shall not apply to the continued operation of an existing waste or disposal facility that is properly permitted; provided that continued operation does not require physical expansion, vertical or horizontal, of the facility requiring additional permitting review and a permit modification.
For the purposes of this subsection:
"Agricultural district" means the
land use district identified in section 205-2.
"Buffer zone" means the distance
between the edge of waste or waste activity and the nearest property line of
a residential[,] lot, school, [or] hospital [property
line.], land designated as important agricultural lands, or land within the
agricultural district.
"Important
agricultural lands" means land identified and designated as important agricultural
lands pursuant to part III of chapter 205.
"Waste or disposal facility" excludes individual, state certified, non-industrial redemption centers."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2022.
INTRODUCED BY: |
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Report Title:
Waste or Disposal Facility; Buffer Zone; Important Agricultural Lands; Agricultural Districts
Description:
Requires the one-half mile buffer zone between construction, modification, or expansion of a waste or disposal facility and a residential lot, school, or hospital to also apply to land designated as important agricultural lands and land within the agricultural district.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.