HOUSE OF REPRESENTATIVES

H.C.R. NO.

107

THIRTY-SECOND LEGISLATURE, 2023

H.D. 1

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

URGING THE CITY AND COUNTY OF HONOLULU TO EXEMPT FROM REAL PROPERTY TAX THOSE PROPERTY OWNERS OF RESIDENTIAL UNITS WITHIN ONE-HALF MILE OF AN ACTIVE MUNICIPAL SOLID WASTE LANDFILL OR CONSTRUCTION AND DEMOLITION LANDFILL OR DEEMED TO HAVE BEEN IMPACTED BY AN ACTIVE LANDFILL TO A DEGREE THAT WARRANTS SUCH AN EXEMPTION.

 

 


     WHEREAS, every community in Hawaii deserves a "clean and healthful environment" pursuant to article XI, section 9, of the Hawaii State Constitution; and

 

     WHEREAS, the scientific consensus is that landfills generally -- and construction and demolition landfills specifically -- have negative health impacts for those who live, work, and play in close proximity; and

 

     WHEREAS, studies have shown evidence of significant health impacts for those living even up to two miles away from an active landfill, depending on geography, microclimates, and local mitigation efforts; and

 

     WHEREAS, Act 73, Session Laws of Hawaii 2020, established Hawaii's statewide buffer zone law, which prohibits any waste or disposal facility from being located in a conservation district except in emergency circumstances and prohibits persons, including the State or any county, from constructing, operating, modifying, expanding, or closing a municipal solid waste landfill or construction and demolition landfill without first establishing a buffer zone of no less than one-half mile; and

 

     WHEREAS, the 2008 Hawaii Environmental Justice Initiative Report's definition of "environmental justice" for Hawaii recognized that "no one segment of the population or geographic area should be disproportionately burdened with environmental and/or health impacts resulting from development, construction, operations and/or use of natural resources"; and

 

     WHEREAS, residents within one-half mile of an active operation of municipal solid waste landfills or construction and demolition landfills are disproportionately burdened generally; and

 

     WHEREAS, for example, according to Centers for Disease Control and Prevention data, residents in the two census tracts abutting PVT Land Company Ltd.'s landfill in Nanakuli, Oahu, a predominantly Native Hawaiian community, live ten years less than the state average of eighty-two years and have the second‑ and third‑lowest life expectancies in the entire State; and

 

     WHEREAS, Act 73, Session Laws of Hawaii 2020, addressed only future operations of waste and disposal facilities and did not address the safety and health of those residents suffering from the active operation of existing facilities; and

 

     WHEREAS, Honolulu residents living near active landfills have experienced a myriad of health problems, including increased risk of reduced lung function, asthma, ataxia, paralysis, and lung cancer, as the air in their homes becomes contaminated with unmitigated dust pollution; and

 

     WHEREAS, these residents have incurred substantial costs as a direct result of living near active landfills, including medical and funeral expenses, home repair and repainting expenses due to the unnatural buildup of dust, and installation and maintenance costs for air filtration systems; and

 

     WHEREAS, those living within one-half mile of an active municipal solid waste landfill or a construction and demolition landfill would benefit from funds made available from a property tax exemption to address their individual safety and health; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the Senate concurring, that the City and County of Honolulu is urged to exempt from real property tax those property owners of residential units within one-half mile of an active municipal solid waste landfill or construction and demolition landfill; and

 

     BE IT FURTHER RESOLVED that the City and County of Honolulu is urged to exempt from real property tax those property owners of residential units outside one-half mile of an active landfill but within neighborhoods that are deemed by the City and County of Honolulu to have been impacted by an active municipal solid waste landfill or construction and demolition landfill to a degree that warrants such an exemption; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Mayor of the City and County of Honolulu, and each member of the Honolulu City Council.

Report Title: 

Municipal Solid Waste Landfill; Construction and Demolition Landfill; Property Tax; City and County of Honolulu; Exemption