HB 798: RELATING TO WASTEWATER MANAGEMENT.

A BILL FOR AN ACT

RELATING TO WASTEWATER MANAGEMENT.

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

     SECTION 1.  Section 342D-50.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§342D-50.5[]  Treated] Wastewater or raw sewage; prohibition.  (a)  Notwithstanding any other law to the contrary, no [person, including any public body,] treatment plant shall discharge any [treated] wastewater or raw sewage into state waters after December 31, 2026; provided that this section shall not apply to a [sewage] treatment plant that:

    [(1)  Utilizes sewage to produce clean energy pursuant to section 196-10.5; and

     (2)] (1)  Is in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director[.]; or

     (2)  Has a treatment capacity of less than      gallons per day.

     (b)  Nothing in this section shall be construed to:

     (1)  Prohibit the use of reclaimed or recycled water for a beneficial purpose as provided by law; or

     (2)  Allow the discharge of [treated] wastewater or raw sewage into state waters in violation of any federal statute, rule, or regulation."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

Report Title:

Wastewater; Raw Sewage; Treatment; Discharge; Prohibition

Description:

Clarifies the exemptions to the prohibition on discharging any wastewater or raw sewage into state waters after December 31, 2026, including an exemption for treatment plants having a treatment capacity of less than a certain number of gallons per day.  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 WASTEWATER MANAGEMENT.

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

     SECTION 1.  Section 342D-50.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§342D-50.5[]  Treated] Wastewater or raw sewage; prohibition.  (a)  Notwithstanding any other law to the contrary, no person, including any public body, shall discharge any [treated] wastewater or raw sewage into state waters after December 31, 2026; provided that this section shall not apply to a [sewage] treatment plant that:

    [(1)  Utilizes sewage to produce clean energy pursuant to section 196-10.5; and

     (2)] (1)  Is in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director[.]; or

     (2)  Has a treatment capacity of less than      gallons per day.

     (b)  Nothing in this section shall be construed to:

     (1)  Prohibit the use of reclaimed or recycled water for a beneficial purpose as provided by law; or

     (2)  Allow the discharge of [treated] wastewater or raw sewage into state waters in violation of any federal statute, rule, or regulation."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

Report Title:

Wastewater; Raw Sewage; Treatment; Discharge; Prohibition

Description:

Clarifies the exemptions to the prohibition on discharging any wastewater or raw sewage into state waters after December 31, 2026, including an exemption for treatment plants having a treatment capacity of less than a certain number of gallons per day.  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 wastewater management.

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

     SECTION 1.  Section 342D-50.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§342D-50.5[]  Treated] Wastewater or raw sewage; prohibition.  (a)  Notwithstanding any other law to the contrary, no person, including any public body, shall discharge any [treated] wastewater or raw sewage into state waters after December 31, 2026; provided that this section shall not apply to a [sewage] treatment plant that:

     (1)  [Utilizes sewage to produce] Produces clean energy pursuant to section 196-10.5; [and]

     (2)  Is in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director[.]; or

     (3)  Has a treatment capacity of less than ten million gallons per day.

     (b)  Nothing in this section shall be construed to:

     (1)  Prohibit the use of reclaimed or recycled water for a beneficial purpose as provided by law; or

     (2)  Allow the discharge of [treated] wastewater or raw sewage into state waters in violation of any federal statute, rule, or regulation."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

Report Title:

Wastewater; Raw Sewage; Treatment; Discharge; Prohibition

Description:

Clarifies the exemptions to the prohibition on discharging any wastewater or raw sewage into state waters after December 31, 2026, including an exemption for treatment plants having a treatment capacity of less than 10,000,000 gallons per day.

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.  596

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 798

      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. 798, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO WASTEWATER MANAGEMENT,"

begs leave to report as follows:

     The purpose of this measure is to clarify the exemptions to the prohibition on discharging any wastewater or raw sewage into state waters after December 31, 2026, by:

     (1)  Removing the exemption for treatment plants that produce clean energy; and

     (2)  Exempting treatment plants with a treatment capacity under a certain amount.

     Your Committee received testimony in support of this measure from the Department of Health; Hawaii Housing Finance and Development Corporation; and Office of the Mayor of the County of Maui.

     Your Committee finds that this measure will allow the County of Maui to move forward with its plans for the Waikapu Wastewater Treatment Plan and allow for the development of affordable housing.

     Your Committee has amended this measure by clarifying that the prohibition against discharging wastewater or raw sewage applies strictly to treatment plants, not any person, including a public body.

     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. 798, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs in the form attached hereto as H.B. No. 798, H.D. 2.

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

STAND. COM. REP. NO.  103

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 798

      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. 798 entitled:

"A BILL FOR AN ACT RELATING TO WASTEWATER MANAGEMENT,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Clarify the exemptions to the prohibition on discharging any wastewater or raw sewage into state waters; and

     (2)  Exempt treatment plants having a treatment capacity of less than 10,000,000 gallons per day from the prohibition on discharging any wastewater or raw sewage into state waters after December 31, 2026.

     Your Committee received testimony in support of this measure from the Office of the Mayor of the County of Maui; Hawaiʻi Wai Ola; and one individual.  Your Committee received testimony in opposition to this measure from Coral Reef Alliance.  Your Committee received comments on this measure from the Department of Health.

     Your Committee finds that in order to protect Hawaii's waters, it is vital to prohibit practices that discharge wastewater and raw sewage.  Your Committee further finds that existing law prohibits the discharge of any treated or raw sewage into state waters, with certain exemptions.  The intent of this measure is to clarify what discharge is subject to the law and what is exempt.

     Your Committee has amended this measure by:

     (1)  Removing the exemption for treatment plants that produce clean energy;

     (2)  Changing the maximum number of gallons per day limit to an unspecified number;

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

     (4)  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. 798, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 798, 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,