In 2022, Hawai’i enacted HB1992 HD3 SD1 CD1 (Act 131) to allow composting in agricultural districts by designating it as a permissible land use. The Act also establishes and funds new staff capacity to help eliminate permitting barriers for small-scale compost operations. The purpose of the Act is to encourage the production of local compost and the diversion of certain materials from the State’s waste streams.
Composting as Permissible Agricultural Land Use
By designating composting as a permissible activity in agricultural districts, Act 131 aims to eliminate barriers for composting entities and encourage the production of local compost that farmers can use to improve soil health, increase drought resistance, and reduce the need for supplemental water and fertilizers while also increasing crop yields.
Composting in Agricultural Districts
The bill amended Hawai’i Revised Statutes Title 13 § Section 205-2 to include composting and co-composting operations in agriculture districts.
§ 205-2 Districting and classification of lands
Section 205—2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
“(d) Agricultural districts shall include:
(17) Composting and co-composting operations; provided that operations that process their own green waste and do not require permits from the department of health shall use the finished composting product only on the operation’s own premises to minimize the potential spread of invasive species.”
Composting as Permissible Land Use Activity
The bill also amended Hawai’i’s Revised Statutes Title 13 § Section 205-4.5 to include composting and co-composting operations as a part of the definition of “agricultural activities.”
§205-4.5 Permissible uses within the agricultural districts
Section 205—4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
“(a) Within the agricultural district, all lands with soil classified by the land study bureau’s detailed land classification as overall (master) productivity rating class A or B and for solar energy facilities, class B or C, shall be restricted to the following permitted uses:
(24) Notwithstanding any other law to the contrary, composting and co-composting operations; provided that operations that process their own green waste and do not require permits from the department of health shall use the finished composting product only on the operation’s own premises to minimize the potential spread of invasive species.”
New Staff to Eliminate Barriers
The Act also established and funded a new permanent full-time employee in the Solid and Hazardous Waste branch of the Department of Health. This role was established to address permitting barriers for small-scale operations. The intent for the increased staff capacity is to help develop an additional, simplified application process for its general permit targeting small-scale composters of green waste and food waste to encourage more small-scale composters to apply for permits. The bill appropriated funds to staff one full-time equivalent (1.0 FTE) permanent environmental health specialist position for the Solid and Hazardous Waste Branch of the Department of Health. Funding for this position was originally only included for 2023 but has since been included in the state budget. As of September 2024, the Department was establishing the position and planning for recruitment.
Meeting State Goals
The Act seeks to increase composting to help the state achieve the following commitments and goals:
- The Aloha+ Challenge: a statewide commitment to realize the UN’s Sustainable Development Goals, including the goals of achieving 70% waste reduction before disposal and doubling local food production by 2030;
- The Hawai’i 2050 sustainability plan: sets a mandate for the state to achieve full sustainability and resilience through increased food production and dramatic waste reduction via recycling and bioconversion strategies; and
- Increasing the generation of local compost to sequester more carbon and mitigate climate change pursuant to the GHG sequestration task for strategy permanently established by Act 15, Session Laws of Hawaii 2018.
