HB 379: RELATING TO THE ENVIRONMENT.

A BILL FOR AN ACT

RELATING TO THE ENVIRONMENT.

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

     SECTION 1.  The legislature finds that protecting the State's nearshore waters is important for ecosystem resilience and public health.  Clean nearshore waters that are free of pollutants support coral reef systems that are critical to Hawaii's fisheries.  A 2023 study published in the scientific journal Nature found that coral reefs protected from land-based pollutants, especially from wastewater pollutants, are better able to recover from ocean-warming events.

     Accordingly, the purpose of this Act is to require newly installed or modified individual wastewater systems that are near the shoreline to include denitrification capacity.

     SECTION 2.  Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§342D-     Individual wastewater systems; denitrification capacity.  (a)  Each individual wastewater system that is newly installed or modified shall have denitrification capacity if the wastewater system is located two hundred feet or less from a shoreline.

     (b)  For the purposes of this section, "denitrification capacity" means being certified to meet the guidelines of the National Sanitation Foundation and American National Standards Institute standard 245 for on-site residential wastewater treatment."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Hawaii State Association of Counties Package; Environment; Individual Wastewater Systems; Nearshore Waters; Denitrification Capacity

Description:

Requires newly installed or modified individual wastewater systems that are near the shoreline to include denitrification capacity.  Effective 7/1/3000.  (HD2)

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 THE ENVIRONMENT.

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

     SECTION 1.  The legislature finds that protecting the State's nearshore waters is important for ecosystem resilience and public health.  Clean nearshore waters that are free of pollutants support coral reef systems that are critical to Hawaii's fisheries.  A 2023 study published in the scientific journal Nature found that coral reefs protected from land-based pollutants, especially from wastewater pollutants, are better able to recover from ocean-warming events.

     Accordingly, the purpose of this Act is to require newly installed or modified individual wastewater systems that are near the shoreline, or likely to pollute groundwater, to include denitrification capacity.

     SECTION 2.  Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§342D-     Individual wastewater systems; denitrification capacity.  (a)  Each individual wastewater system that is newly installed or modified shall have denitrification capacity if:

     (1)  The wastewater system is located two hundred feet or less from a shoreline; or

     (2)  The wastewater system is located at or below one thousand five hundred feet above sea level and:

          (A)  The substrate is less than five thousand years old; and

          (B)  The soil has low nutrient holding capacity, low shrink and swell characteristics, and very fast permeability, based on the Hawaii soil atlas.

     (b)  For the purposes of this section, "denitrification capacity" means being certified to meet the guidelines of the National Sanitation Foundation and American National Standards Institute standard 245 for on-site residential wastewater treatment."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Hawaii State Association of Counties Package; Environment; Individual Wastewater Systems; Nearshore Waters; Denitrification Capacity

Description:

Requires newly installed or modified individual wastewater systems that are near the shoreline, or likely to pollute groundwater, to include denitrification capacity.  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 THE ENVIRONMENT.

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

     SECTION 1.  The legislature finds that protecting the State's nearshore waters is important for ecosystem resilience and public health.  Clean nearshore waters that are free of pollutants support coral reef systems that are critical to Hawaii's fisheries.  A 2023 study published in the scientific journal Nature found that coral reefs protected from land-based pollutants, especially from wastewater pollutants, are better able to recover from ocean-warming events.

     Accordingly, the purpose of this Act is to require newly installed or modified individual wastewater systems that are near the shoreline, or likely to pollute groundwater, to include denitrification capacity.

     SECTION 2.  Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§342D-     Individual wastewater systems; denitrification capacity.  (a)  Each individual wastewater system that is newly installed or modified shall have denitrification capacity if:

     (1)  The wastewater system is located two hundred feet or less from a shoreline; or

     (2)  The wastewater system is located at or below one thousand five hundred feet above sea level and:

          (A)  The substrate is less than five thousand years old; and

          (B)  The soil has low nutrient holding capacity, low shrink and swell characteristics, and very fast permeability, based on the Hawaii soil atlas.

     (b)  For the purposes of this section, "denitrification capacity" means being certified to meet the guidelines of the National Sanitation Foundation and American National Standards Institute standard 245 for on-site residential wastewater treatment."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Hawaii State Association of Counties Package; Environment; Individual Wastewater Systems; Nearshore Waters; Denitrification Capacity

Description:

Requires newly installed or modified individual wastewater systems that are near the shoreline, or likely to pollute groundwater, to include denitrification capacity.

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.  599

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 379

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 379, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE ENVIRONMENT,"

begs leave to report as follows:

     The purpose of this measure is to require newly installed or modified individual wastewater systems that are near the shoreline, or likely to pollute groundwater, to include denitrification capacity.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; one member of the Kaua‘i County Council; two members of the Hawai‘i County Council; Center for Global Discovery and Conservation Science; Puako for Reefs; Kauhakō ‘Ohana Association; Hawai‘i Reef and Ocean Coalition; Hawai‘i Ocean Legislative Task Force; WAI: Wastewater Alternatives & Innovations; The Nature Conservancy, Hawaiʻi and Palmyra; Water Quality Consulting, Inc.; Hawai‘i State Association of Counties; and numerous individuals.  Your Committee received comments on this measure from the Department of Health and Hawai‘i Association of REALTORS.

     Your Committee finds that clean nearshore waters are vital to public health and the health of nearshore reefs and associate fisheries.  Your Committee further finds that when excess nutrients such as nitrogen enter nearshore waters from wastewater systems, they can stimulate the growth of algae, which can smother coral.  Requiring newly installed or modified individual wastewater systems to include denitrification capacity, as proposed by this measure, will likely reduce the amount of pollutants entering Hawaii's nearshore waters, ensuring future generations can reap the benefits of healthy and resilient coral reef ecosystems.

     Your Committee has amended this measure by:

     (1)  Deleting the requirement that individual wastewater systems located at or below one thousand five hundred feet above sea level and subject to certain soil and substrate conditions have denitrification capacity; and

     (2)  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 Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 379, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Consumer Protection & Commerce in the form attached hereto as H.B. No. 379, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

STAND. COM. REP. NO.  102

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 379

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 379 entitled:

"A BILL FOR AN ACT RELATING TO THE ENVIRONMENT,"

begs leave to report as follows:

     The purpose of this measure is to require newly installed or modified individual wastewater systems that are near the shoreline, or likely to pollute groundwater, to include denitrification capacity.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; one member of the Kauaʻi County Council; one member of the Hawaiʻi County Council; Hawaiʻi Reef and Ocean Coalition; Coral Reef Alliance; The Nature Conservancy, Hawaiʻi and Palmyra; WAI: Wastewater Alternatives & Innovations; Hawaiʻi State Association of Counties; and two individuals.  Your Committee received comments on this measure from the Department of Health and Hawaiʻi Association of REALTORS.

Your Committee finds that wastewater treatment systems near shorelines have an increased potential to contaminate nearshore waters and coral reef systems and that a wastewater treatment system with denitrification capacity may protect these resources from contamination.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.  Your Committee notes the concerns raised regarding the criteria for determining whether a wastewater system needs a denitrification capacity and respectfully requests the Department of Health to review the proposed criteria in this measure and provide recommendations for more appropriate criteria as this measure advances through the legislative process.

     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. 379, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 379, H.D. 1, and be referred to your Committee on Water & Land.

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