SB 675: 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, 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)  Establish 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 funds 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 on December 31, 2050; provided that section 3 shall take effect on July 1, 2025.

Report Title:

DOH; Wastewater Branch; Cesspool Conversion Section; Positions; Appropriations

Description:

Establishes 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.  Effective 12/31/2050.  (SD1)

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. 399

Honolulu, Hawaii

RE:    S.B. No. 675

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Health and Human Services and Agriculture and Environment, to which was referred S.B. No. 675 entitled:

"A BILL FOR AN ACT RELATING TO CESSPOOLS,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish 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; and

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

     Your Committees received testimony in support of this measure from the Hawaiʻi Climate Change Mitigation and Adaptation Commission; Environmental Caucus of the Democratic Party of Hawai‘i; Hawaiʻi Reef and Ocean Coalition; WAI:  Wastewater Alternatives & Innovations; Surfrider Foundation, Hawaiʻi Region; and three individuals.

     Your Committees received comments on this measure from the Department of Health.

     Your Committees find that Hawaii has more than eighty thousand cesspools that discharge about fifty million gallons of wastewater into the State's groundwater every day.  Your Committees further find that to mitigate the impacts of cesspools on public health and the environment, the legislature passed laws that require all cesspools in the State to be upgraded or converted to a wastewater system approved by the Director of Health or connected to a sewerage system by 2050.  This measure provides the Department of Health with additional personnel to help facilitate compliance with this mandate and to administer thousands of cesspool upgrades in the coming years.

     Your Committees have amended this measure by:

     (1)  Inserting an effective date of December 31, 2050, to encourage further discussion; and

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

     As affirmed by the records of votes of the members of your Committees on Health and Human Services and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 675, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 675, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Agriculture and Environment,