HB 1985: Cesspools; Mandatory Upgrade, Conversion, or Connection; Extensions; Goal; Public Outreach and Education; Appropriation

A BILL FOR AN ACT

RELATING TO CESSPOOLS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The legislature finds that the health of Hawaii's people and quality of Hawaii's waters are being harmed by pollution from cesspools.  Hawaii has more than eighty thousand cesspools that discharge about fifty million gallons of wastewater into the State's groundwater every day.  Cesspools are antiquated, substandard systems that damage public health; pollute drinking water; and lower water quality in streams, groundwaters, nearshore marine areas, and the ocean.  Cesspool pollution also harms public recreation and the precious coral reefs on which Hawaii's economy, shoreline, fisheries, and native species depend.

     The purpose of this Act is to:

     (1)  Allow certain extensions of the deadline for cesspool conversions;

     (2)  Establish a goal for the department of health to prioritize the upgrade, conversion, or connection of cesspools that pose the highest risk to human health or the environment; and

     (3)  Authorize and appropriate funds to the department of health to retain qualified consultants as necessary to identify necessary public outreach and education resources and tools and develop a comprehensive public outreach strategy and website to serve as a statewide clearinghouse for information and resources for property owners and wastewater industry professionals related to cesspool upgrade, conversion, and connection.

PART II

     SECTION 2.  Section 342D-72, Hawaii Revised Statutes, is amended to read as follows:

     "§342D-72  Cesspools; mandatory upgrade, conversion, or connection.  (a)  Before January 1, 2050, every cesspool in the State, excluding cesspools granted exemptions by the director of health pursuant to subsection (b), shall be:

     (1)  Upgraded or converted to a director-approved wastewater system; or

     (2)  Connected to a sewerage system.

     (b)  The director of health may grant exemptions from the requirements of subsection (a) to property owners of cesspools that apply for an exemption and present documentation showing a legitimate reason that makes it infeasible to upgrade, convert, or connect the cesspools.  For the purposes of this subsection, a legitimate reason shall include but not be limited to:

     (1)  Small lot size;

     (2)  Steep topography;

     (3)  Poor soils[; or]

     (4)  Accessibility issues[.]; or

     (5)  A planned development of sewerage upgrades to an area.

     (c)  The department may grant extensions of up to five years at a time of the deadline under subsection (a) based on an applicant's demonstration of:

     (1)  Efforts made to pay for or finance the cesspool upgrade, conversion, or connection; and

     (2)  Financial inability to pay for or finance the cesspool upgrade, conversion, or connection;

provided that the department may adopt rules pursuant to chapter 91 necessary to effectuate the purposes of this subsection.

     (d)  Notwithstanding any law to the contrary, no penalty or other assessment for any violation of this section shall constitute a lien on the real property.  Notwithstanding any law to the contrary, no seizure of real property shall be authorized for any violation of this section.

     (e)  It shall be a goal of the department to prioritize the upgrade, conversion, or connection of cesspools that pose the highest risk to human health or the environment.

     [(c)] (f)  As used in this section, "cesspool" means an individual wastewater system consisting of an excavation in the ground whose depth is greater than its widest surface dimension, that receives untreated wastewater, and retains or is designed to retain the organic matter and solids discharged into it, but permits the liquid to seep through its bottom or sides to gain access to the underground geographic formation."

PART III

     SECTION 3.  Section 342D-59, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§342D-59[]]  Research, educational, and training programs.  The director may:

     (1)  Conduct and supervise research programs for the purpose of determining the causes, effects, and hazards of water pollution, the quality of the receiving water and the means to monitor the quality of water, or to effect the proper disposal of sewage, drainage, and waste;

     (2)  With the approval of the governor, cooperate with, and receive money from the federal government, or any political subdivision of the State or from private sources for the study and control of water pollution; [and]

     (3)  Conduct and supervise state educational and training programs on water pollution prevention, control, and abatement, including the preparation and distribution of information relating to water pollution[.]; and

     (4)  In consultation with the counties, nonprofit organizations, and wastewater industry professionals:

          (A)  Identify necessary resources and tools for public outreach and education, including necessary funding and timelines, to meet the requirements of section 342D-72;

          (B)  Develop a comprehensive public outreach strategy for the State and counties to educate property owners on cesspool upgrade, conversion, and connection options and resources; and

          (C)  Develop a statewide website for information and resources for property owners and wastewater industry professionals, which may include resources, priority level maps, cesspool impacts, financing options, exemptions, county plans, and any other relevant information."

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027 for the department of health to retain qualified consultants, as necessary, to identify necessary public outreach and education resources and tools, and develop a comprehensive public outreach strategy and website to provide property owners and wastewater industry professionals with information and resources regarding the State's cesspool upgrade, conversion, and connection requirements and deadlines.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

PART IV

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Cesspools; Mandatory Upgrade, Conversion, or Connection; Extensions; Goal; Public Outreach and Education; Appropriation

Description:

PART II:  Allows certain extensions of the deadline for cesspool conversions.  Establishes a goal for the Department of Health to prioritize the upgrade, conversion, or connection of cesspools that pose the highest risk to human health or the environment.  PART III:  Authorizes and appropriates funds to the Department of Health to retain qualified consultants as necessary to identify necessary public outreach and education resources and tools and develop a comprehensive public outreach strategy and website to educate property owners and wastewater industry professionals about information and resources regarding the State's cesspool upgrade, conversion, and connection requirements and deadlines.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to cesspools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The legislature finds that the health of Hawaii's people and quality of Hawaii's waters are being harmed by pollution from cesspools.  Hawaii has more than eighty thousand cesspools that discharge about fifty million gallons of wastewater into the State's groundwater every day.  Cesspools are antiquated, substandard systems that damage public health; pollute drinking water; and lower water quality in streams, ground waters, nearshore marine areas, and the ocean.  Cesspool pollution also harms public recreation and the precious coral reefs on which Hawaii's economy, shoreline, fisheries, and native species depend.

     The purpose of this Act is to:

     (1)  Allow certain extensions of the deadline for cesspool conversions; and

     (2)  Authorize and appropriate funds to the department of health to retain qualified consultants as necessary to identify necessary public outreach and education resources and tools and develop a comprehensive public outreach strategy and website to serve as a statewide clearinghouse for information and resources for homeowners and wastewater industry professionals related to cesspool upgrade, conversion, and connection.

PART II

     SECTION 2.  Section 342D-72, Hawaii Revised Statutes, is amended to read as follows:

     "§342D-72  Cesspools; mandatory upgrade, conversion, or connection.  (a)  Before January 1, 2050, every cesspool in the State, excluding cesspools granted exemptions by the director of health pursuant to subsection (b), shall be:

     (1)  Upgraded or converted to a director-approved wastewater system; or

     (2)  Connected to a sewerage system.

     (b)  The director of health may grant exemptions from the requirements of subsection (a) to property owners of cesspools that apply for an exemption and present documentation showing a legitimate reason that makes it infeasible to upgrade, convert, or connect the cesspools.  For the purposes of this subsection, a legitimate reason shall include but not be limited to:

     (1)  Small lot size;

     (2)  Steep topography;

     (3)  Poor soils[; or]

     (4)  Accessibility issues[.]; or

     (5)  A planned development of sewerage upgrades to an area.

     (c)  The department may grant extensions of up to five years at a time of the deadline under subsection (a) based on a demonstration of financial inability to pay for or finance a cesspool upgrade, conversion, or connection; provided that the department of health may adopt rules pursuant to chapter 91 necessary to effectuate the purposes of this subsection.

     (d)  Notwithstanding any law to the contrary, no penalty or other assessment for any violation of this section shall constitute a lien on the real property.  Notwithstanding any law to the contrary, no seizure of real property shall be authorized for any violation of this section.

     [(c)] (e)  As used in this section, "cesspool" means an individual wastewater system consisting of an excavation in the ground whose depth is greater than its widest surface dimension, that receives untreated wastewater, and retains or is designed to retain the organic matter and solids discharged into it, but permits the liquid to seep through its bottom or sides to gain access to the underground geographic formation."

PART III

     SECTION 3.  Section 342D-59, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§342D-59[]]  Research, educational, and training programs.  The director may:

     (1)  Conduct and supervise research programs for the purpose of determining the causes, effects, and hazards of water pollution, the quality of the receiving water and the means to monitor the quality of water, or to effect the proper disposal of sewage, drainage, and waste;

     (2)  With the approval of the governor, cooperate with, and receive money from the federal government, or any political subdivision of the State or from private sources for the study and control of water pollution; [and]

     (3)  Conduct and supervise state educational and training programs on water pollution prevention, control, and abatement, including the preparation and distribution of information relating to water pollution[.]; and

     (4)  In consultation with counties, nonprofit organizations, and wastewater industry professionals:

          (A)  Identify necessary resources and tools for public outreach and education, including necessary funding and timelines, to meet the requirements of section 342D-72;

          (B)  Develop a comprehensive public outreach strategy for the State and counties to educate homeowners on cesspool upgrade, conversion, and connection options and resources; and

          (C)  Develop a website to serve as a statewide clearinghouse for information and resources for homeowners and wastewater industry professionals about resources, priority level maps, cesspool impacts, financing options, exemptions, county plans, and any other relevant information."

     SECTION 4.  Notwithstanding section 342D-83, Hawaii Revised Statutes, or any other law to the contrary, there is appropriated out of the water pollution control revolving fund the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027 for the department of health to retain qualified consultants, as necessary, to identify necessary public outreach and education resources and tools, and develop a comprehensive public outreach strategy and website to provide necessary information to homeowners and wastewater industry professionals about information and resources regarding the State's cesspool upgrade, conversion, and connection requirements and deadlines.

     The sum appropriated shall be expended by the department of health for the purposes of this Act.

PART IV

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2026.

Report Title:

Cesspools; Mandatory Upgrade, Conversion, or Connection; Extensions; Public Outreach and Education; Appropriation

Description:

PART II:  Allows certain extensions of the deadline for cesspool conversions.  PART III:  Authorizes and appropriates funds to the Department of Health to retain qualified consultants as necessary to identify necessary public outreach and education resources and tools and develop a comprehensive public outreach strategy and website to educate homeowners and wastewater industry professionals about information and resources regarding the State's cesspool upgrade, conversion, and connection requirements and deadlines.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  878-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1985

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred H.B. No. 1985, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CESSPOOLS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Allow certain extensions of the deadline for cesspool upgrade, conversion, or connection;

     (2)  Establish a goal for the Department of Health to prioritize the upgrade, conversion, or connection of cesspools that pose the highest risk to human health or the environment; and

     (3)  Authorize and appropriate funds to the Department of Health to retain qualified consultants to identify necessary public outreach and education resources and tools and develop a comprehensive public outreach strategy and website to educate property owners and wastewater industry professionals about information and resources regarding the State's cesspool upgrade, conversion, and connection requirements and deadlines.

     Your Committee received testimony in support of this measure from the Department of Health; Office of Planning and Sustainable Development; Hawaiʻi Association of REALTORS; Hawaiʻi Reef and Ocean Coalition; and one individual.  Your Committee received comments on this measure from the Department of Land and Natural Resources and Office of Hawaiian Affairs.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1985, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  387-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1985

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 1985 entitled:

"A BILL FOR AN ACT RELATING TO CESSPOOLS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Allow certain extensions of the deadline for cesspool conversions; and

     (2)  Authorize and appropriate funds to the Department of Health to retain qualified consultants as necessary to identify necessary public outreach and education resources and tools and develop a comprehensive public outreach strategy and website to educate homeowners and wastewater professionals about information and resources regarding the State's cesspool upgrade, conversion, and connection requirements and deadlines.

     Your Committee received testimony in support of this measure from the Department of Health; Office of Planning and Sustainable Development; Hawaiʻi Association of REALTORS; Hawaiʻi Reef and Ocean Coalition; and one individual.  Your Committee received comments on this measure from the Department of Land and Natural Resources.

     Your Committee finds that high costs associated with cesspool upgrades, conversions, and connections place a significant financial burden on certain residents.  Your Committee further finds that these requirements necessitate clear, accessible information regarding cesspools and upgrade procedures.  This measure ensures that individuals who demonstrate financial hardship can receive extensions for cesspool conversion requirements, establishes a goal for high-risk cesspools to be prioritized, and authorizes the development of certain public outreach and educational resources related to cesspool conversion.

     Your Committee has amended this measure by:

     (1)  Adding a requirement that applicants must demonstrate efforts made to pay for or finance the cesspool upgrade, conversion, or connection to be eligible for an extension;

     (2)  Adding a goal for the Department of Health to prioritize the upgrade, conversion, or connection of certain high-risk cesspools;

     (3)  Clarifying that certain outreach and informational resources will be for property owners, instead of homeowners;

     (4)  Changing the means of financing for the retention of consultants from the Water Pollution Control Revolving Fund to general revenues;

     (5)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1985, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1985, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,