HB 749: RELATING TO CESSPOOLS.

A BILL FOR AN ACT

RELATING TO CESSPOOLS.

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

     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, groundwater, 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 United States Geological Survey has estimated that coral reefs in Hawaii provide flood protection benefits to 6,800 people and $836,000,000 annually in averted damages to property and economic activity.  To protect public health, property, and the environment, including coral reefs, cesspools should be replaced by connecting homes to sewerage systems or, in areas that are too remote to be feasibly connected, upgraded either with individual on-site wastewater disposal systems or cluster wastewater treatment systems.

     The legislature recognizes that maintaining the cleanliness of the State's waters is a matter of statewide concern that falls under the legislature's obligation to enact laws pursuant to article XI, section 7, of the Hawaii State Constitution.

     The legislature further finds that the department of health needs additional personnel to facilitate compliance with the mandate of section 342D-72, Hawaii Revised Statutes, and to administer thousands of cesspool upgrades in the coming years.

     Accordingly, the purpose of this Act is to:

     (1)  Create a new cesspool conversion section within the department of health's wastewater branch that is dedicated to facilitating the conversion of cesspools within the State; and

     (2)  Establish and appropriate moneys for new positions within the new cesspool conversion section.

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

     "§342D-     Wastewater branch; cesspool conversion section.  (a)  There is established a cesspool conversion section within the wastewater branch of the department, which shall:

     (1)  Manage and facilitate various state financing options for the conversion of cesspools in the State;

     (2)  Develop and manage public outreach and education regarding the conversion of cesspools;

     (3)  Inform cesspool owners of available options and assistance for compliant conversions of cesspools;

     (4)  Manage any federal, state, or other available grants to assist with the conversion of cesspools;

     (5)  Secure available federal funding that may be used to assist in the conversion of cesspools; and

     (6)  Facilitate partnerships with counties, nongovernmental organizations, and the private sector relating to the department's responsibilities under this section.

     (b)  For the purposes of this section, "conversion of cesspools" means the connection of a cesspool to a sewerage system or upgrade or conversion of a cesspool to a director-approved wastewater system."

     SECTION 3.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish      full-time equivalent (     FTE) permanent positions within the cesspool conversion section established pursuant to section 342D-   , Hawaii Revised Statutes.

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

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000; provided that section 3 shall take effect on July 1, 2025.

Report Title:

Department of Health; Wastewater Branch; Cesspool Conversion Section; Positions; Appropriation

Description:

Establishes a Cesspool Conversion Section within the Department of Health's Wastewater Branch, which shall be responsible for facilitating the conversion of cesspools within the State.  Establishes and appropriates funds for positions within the Cesspool Conversion Section.  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:

     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 United States Geological Survey has estimated that coral reefs in Hawaii provide flood protection benefits to 6,800 people and $836,000,000 annually in averted damages to property and economic activity.  To protect public health, property, and the environment including coral reefs, cesspools should be replaced by connecting homes to sewerage systems or, in areas that are too remote to be feasibly connected, upgraded either with individual on-site wastewater disposal systems or cluster wastewater treatment systems.

     The legislature recognizes that maintaining the cleanliness of the State's waters is a matter of statewide concern that falls under the legislature's obligation to enact laws pursuant to article XI, section 7, of the Hawaii State Constitution.

     The legislature further finds that the department of health needs additional personnel to facilitate compliance with the mandate of section 342D-72, Hawaii Revised Statutes, and to administer thousands of cesspool upgrades in the coming years.

     Accordingly, the purpose of this Act is to:

     (1)  Create a new cesspool conversion section within the department of health's wastewater branch that is dedicated to facilitating the conversion of cesspools within the State; and

     (2)  Establish and appropriate moneys for new positions within the new cesspool conversion section.

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

     "§342D-     Wastewater branch; cesspool conversion section.  (a)  There is established a cesspool conversion section within the wastewater branch of the department, which shall:

     (1)  Manage and facilitate various state financing options for the conversion of cesspools in the State;

     (2)  Develop and manage public outreach and education regarding the conversion of cesspools;

     (3)  Inform cesspool owners of available options and assistance for compliant conversions of cesspools;

     (4)  Manage any federal, state, or other available grants to assist with the conversion of cesspools;

     (5)  Secure available federal funding that may be used to assist in the conversion of cesspools; and

     (6)  Facilitate partnerships with counties, nongovernmental organizations, and the private sector relating to the department's responsibilities under this section.

     (b)  For the purposes of this section, "conversion of cesspools" means the connection of a cesspool to a sewerage system or upgrade or conversion of a cesspool to a director-approved wastewater system."

     SECTION 3.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish three full-time equivalent (3.0 FTE) permanent positions within the cesspool conversion section established pursuant to section 342D-   , Hawaii Revised Statutes.

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

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2025.

Report Title:

Department of Health; Wastewater Branch; Cesspool Conversion Section; Positions; Appropriation

Description:

Creates within the Department of Health's Wastewater Branch a Cesspool Conversion Section, which shall be responsible for facilitating the conversion of cesspools within the State.  Establishes and appropriates funds for positions within the Cesspool Conversion Section.

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.  884

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 749

      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 Finance, to which was referred H.B. No. 749, 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)  Establish a Cesspool Conversion Section within the Department of Health's Wastewater Branch that is dedicated to facilitating the conversion of cesspools within the State; and

     (2)  Establish and appropriate funds for positions within the Cesspool Conversion Section.

     Your Committee received testimony in support of this measure from the University of Hawaiʻi Sea Grant College Program; Office of the Mayor of the County of Hawaiʻi; Hawaiʻi Association of REALTORS; WAI:  Wastewater Alternatives & Innovations; The Nature Conservancy, Hawaiʻi and Palmyra; Hawaiʻi Reef and Ocean Coalition; Surfrider Foundation, Hawaiʻi Region; Hawaiʻi Ocean Legislative Task Force; Public Access to SunScreens Coalition; Coral Reef Alliance; Environmental Caucus of the Democratic Party of Hawaiʻi; and numerous individuals.  Your Committee received comments on this measure from the Department of Health and Hawaiʻi Climate Change Mitigation and Adaptation Commission.

     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. 749, 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.  348

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 749

      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. 749 entitled:

"A BILL FOR AN ACT RELATING TO CESSPOOLS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish a Cesspool Conversion Section within the Department of Health's Wastewater Branch that is dedicated to facilitating the conversion of cesspools within the State; and

     (2)  Establish and appropriate funds for positions within the Cesspool Conversion Section.

     Your Committee received testimony in support of this measure from the Office of the Mayor of the County of Maui; Environmental Caucus of the Democratic Party of Hawaiʻi; Public Access to SunScreens Coalition; Hawaiʻi Reef Ocean Coalition; Coral Reef Alliance; Mālama Pūpūkea-Waimea; WAI: Wastewater Alternatives & Innovations; The Nature Conservancy; Hawaiʻi Wai Ola; Resources Legacy Fund; Pacific Whale Foundation; Surfrider Foundation; and six individuals.  Your Committee received comments on this measure from the Department of Health.

     Your Committee finds that every cesspool in the State, excluding cesspools granted certain exemptions, is required to be upgraded or converted to a director-approved wastewater system or connected to a sewerage system by January 1, 2050.  Your Committee further finds that the Department of Health needs additional personnel to facilitate compliance with this mandate.  This measure addresses this need by establishing a Cesspool Conversion Section within the Wastewater Branch of the Department of Health which will be responsible for facilitating the conversion of cesspools within the State.

     Your Committee has amended this measure by:

     (1)  Changing the number of positions established to an unspecified number;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

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

     Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider an appropriation amount of $280,000 and three full-time equivalent (3.0 FTE) positions within the Cesspool Conversion Section.

     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. 749, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 749, 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,