# Hawaii SB 438: RELATING TO WASTE DISPOSAL FACILITIES.

Hawaii SB 438, RELATING TO WASTE DISPOSAL FACILITIES., is a 2025–2026 Regular Session (Year 2) Senate bill sponsored by Donovan M. Dela Cruz (Democratic); status failed, last action 2026-04-17 (Re-Referred to HHS/WLA, WAM.) (as of 2026-11-01).

- Canonical: https://policyrisk.com/state-bill/HI-SB438-2026
- As of: 2026-11-01
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Hawaii SB 438
- State: Hawaii
- Session: 2025–2026 Regular Session (Year 2)
- Title: RELATING TO WASTE DISPOSAL FACILITIES.
- Status: failed
- Chamber: Senate
- Introduced: 2025-01-16
- Last action: 2026-04-17, Re-Referred to HHS/WLA, WAM.
- Sponsor: Donovan M. Dela Cruz (Democratic)
- Cosponsors: 3
- Subjects: DOH, CWRM, Waste or Disposal Facilities, Landfill Units, Agricultural Districts, Buffer Zones, Underground Injection Control Lines, Prohibition, HHS/WLA, WAM
- Touches household money: no
- Roll calls: 9 (160 yes, 8 no in all)
- Economic provisions PRIA read: 0

## 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)

## Bill overview

No economic impacts identified for this bill.

## Sponsors and cosponsors

- Sponsor: Donovan M. Dela Cruz (Democratic), Senate
- Cosponsor: Michelle N. Kidani (Democratic), Senate
- Cosponsor: Donna Mercado Kim (Democratic), Senate
- Cosponsor: Sharon Y. Moriwaki (Democratic), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2025-04-08 | House | House Floor Vote | pass | 45 | 5 |   |
| 2025-04-02 | House | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The ... | pass | 10 | 0 |   |
| 2025-03-20 | House | The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The ... | pass | 9 | 0 |   |
| 2025-03-14 | House | Passed Second Reading as amended in HD 1 and referred to the committee(s) on WAL... | pass | 45 | 2 |   |
| 2025-03-13 | House | The committee on EEP recommend that the measure be PASSED, WITH AMENDMENTS. The ... | pass | 5 | 0 |   |
| 2025-03-04 | Senate | Senate Floor Vote | pass | 24 | 1 |   |
| 2025-02-26 | Senate | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENT... | pass | 13 | 0 |   |
| 2025-02-10 | Senate | The committee(s) on WTL recommend(s) that the measure be PASSED, WITH AMENDMENT... | pass | 5 | 0 |   |
| 2025-02-10 | Senate | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENT... | pass | 4 | 0 |   |

## Actions (34)

- 2026-04-17: Re-Referred to HHS/WLA, WAM. (Senate)
- 2025-12-08: Carried over to 2026 Regular Session.
- 2025-04-10: Received from House (Hse. Com. No. 647). (Senate)
- 2025-04-10: Senate disagrees with House amendments. (Senate)
- 2025-04-10: Received notice of disagreement (Sen. Com. No. 779). (House)
- 2025-04-08: 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. (House)
- 2025-04-04: Reported from JHA (Stand. Com. Rep. No. 2043) as amended in HD 3, recommending passage on Third Reading. (House)
- 2025-04-04: Forty-eight (48) hours notice Tuesday, 04-08-25. (House)
- 2025-04-02: 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. (House)
- 2025-03-28: Bill scheduled to be heard by JHA on Wednesday, 04-02-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. (House)
- 2025-03-21: Reported from WAL (Stand. Com. Rep. No. 1487) as amended in HD 2, recommending referral to JHA. (House)
- 2025-03-21: 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). (House)
- 2025-03-20: 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. (House)
- 2025-03-17: Bill scheduled to be heard by WAL on Thursday, 03-20-25 9:30AM in House conference room 411 VIA VIDEOCONFERENCE. (House)
- 2025-03-14: Reported from EEP (Stand. Com. Rep. No. 1253) as amended in HD 1, recommending passage on Second Reading and referral to WAL. (House)
- 2025-03-14: Passed Second Reading as amended in HD 1 and referred to the committee(s) on WAL with Representative(s) Kila, Lee, M., Marten voting aye with reservations; Representative(s) Garcia, Muraoka voting no (2) and Representative(s) Cochran, Holt, Iwamoto, Ward excused (4). (House)
- 2025-03-13: 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. (House)
- 2025-03-10: Bill scheduled to be heard by EEP on Thursday, 03-13-25 9:45AM in House conference room 325 VIA VIDEOCONFERENCE. (House)
- 2025-03-06: Pass First Reading (House)
- 2025-03-06: Referred to EEP, WAL, JHA, referral sheet 19 (House)
- 2025-03-04: 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. (Senate)
- 2025-03-04: Received from Senate (Sen. Com. No. 157) in amended form (SD 2). (House)
- 2025-02-28: Reported from WAM (Stand. Com. Rep. No. 919) with recommendation of passage on Third Reading, as amended (SD 2). (Senate)
- 2025-02-28: 48 Hrs. Notice 03-04-25. (Senate)
- 2025-02-26: 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. (Senate)
- 2025-02-20: The committee(s) on WAM will hold a public decision making on 02-26-25 10:03AM; Conference Room 211 & Videoconference. (Senate)
- 2025-02-14: Reported from HHS/WTL (Stand. Com. Rep. No. 583) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM. (Senate)
- 2025-02-14: Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. (Senate)
- 2025-02-10: 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. (Senate)
- 2025-02-10: 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. (Senate)
- 2025-02-05: The committee(s) on HHS/WTL has scheduled a public hearing on 02-10-25 1:05PM; Conference Room 229 & Videoconference. (Senate)
- 2025-01-21: Referred to HHS/WTL, WAM. (Senate)
- 2025-01-16: Introduced. (Senate)
- 2025-01-16: Passed First Reading. (Senate)

## Bill text

- Bill Text: [PDF](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_HD3_.pdf)
- Original: [HTML](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_.HTM), [PDF](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_.PDF)
- SB438_HD1: [HTML](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_HD1_.HTM)
- SB438_HD2: [HTML](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_HD2_.HTM)
- SB438_HD3: [HTML](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_HD3_.HTM)
- SB438_SD1: [HTML](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_SD1_.HTM)
- SB438_SD2: [HTML](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_SD2_.HTM)

## Related bills

- SB 847: RELATING TO PSYCHOLOGISTS. (became law)
- HB 2344: RELATING TO SCHOOL FACILITIES. (signed)
- HB 2023: RELATING TO TRANSPORTATION. (signed)
- HB 2021: RELATING TO TRANSPORTATION. (signed)
- SB 2338: RELATING TO HOUSING. (signed)
- HB 1973: RELATING TO HEALTH. (signed)

## Sources
- [Bill Text (PDF)](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_HD3_.pdf)
- [Original (HTML)](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_.HTM)
- [Original (PDF)](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_.PDF)
- [SB438_HD1 (HTML)](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_HD1_.HTM)
- [SB438_HD2 (HTML)](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_HD2_.HTM)
- [SB438_HD3 (HTML)](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_HD3_.HTM)
- [SB438_SD1 (HTML)](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_SD1_.HTM)
- [SB438_SD2 (HTML)](https://data.capitol.hawaii.gov/sessions/session2026/bills/SB438_SD2_.HTM)

## Related
- [SB 847: RELATING TO PSYCHOLOGISTS.](https://policyrisk.com/state-bill/HI-SB847-2026)
- [HB 2344: RELATING TO SCHOOL FACILITIES.](https://policyrisk.com/state-bill/HI-HB2344-2026)
- [HB 2023: RELATING TO TRANSPORTATION.](https://policyrisk.com/state-bill/HI-HB2023-2026)
- [HB 2021: RELATING TO TRANSPORTATION.](https://policyrisk.com/state-bill/HI-HB2021-2026)
- [SB 2338: RELATING TO HOUSING.](https://policyrisk.com/state-bill/HI-SB2338-2026)
- [HB 1973: RELATING TO HEALTH.](https://policyrisk.com/state-bill/HI-HB1973-2026)
- [Hawaii bills](https://policyrisk.com/states/hawaii/bills)
- [Hawaii state hub](https://policyrisk.com/states/hawaii)
- [All state legislation](https://policyrisk.com/state-bills)

Source: PRIA, https://policyrisk.com/state-bill/HI-SB438-2026 (as of 2026-11-01).