SB 836: RELATING TO WATER CATCHMENT SYSTEMS.

A BILL FOR AN ACT

RELATING TO WATER CATCHMENT SYSTEMS.

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

     SECTION 1.  The legislature finds that the State continues to face a severe potable water shortage.  Recent high-profile petroleum leaks at the Red Hill bulk fuel storage facility underscore the fragility of the State's water system.  As recently as December 2021, the board of water supply of the city and county of Honolulu was forced to take precautionary measures and shut down the Halawa Shaft, Halawa Wells, and Aiea Wells amid concerns arising from contamination of the nearby Navy water distribution system coupled with drought conditions.

     The legislature further finds that access to water is a prerequisite to addressing many of the State's current problems relating to developing affordable housing, empowering local businesses, diversifying the economy, and improving the economic stability of the State's most vulnerable residents.  Therefore, the State must pursue innovative solutions to decrease use of the State's limited aquifers, including the use of water catchment systems.

     The legislature further finds that water catchment systems help to capture and utilize rainwater more efficiently and keep existing state water infrastructure, including both municipal water and stormwater systems, in working order.  In 2017, the Journal of Contemporary Water Research and Education published an article entitled "Survey of Rainwater Catchment Use and Practices on Hawaii Island", which states that "[u]p to 60,000 people in the state of Hawaii were estimated to be dependent on rainwater catchment as their primary domestic water source in 2010", with the majority of people dependent upon captured water living on Hawaii island.

     The legislature further finds that water catchment systems can supplement potable water systems, conserving natural resources while serving as the sole daily water source for people living in rural districts.  However, existing law allows captured water for personal uses only and prohibits the use of captured water for business activities.  A lack of nearby commercial kitchens and county water infrastructure in underserved rural areas inherently disadvantages local businesses and contributes to unviable local business conditions.

     The legislature further finds that the department of health recommends following the university of Hawaii at Manoa college of tropical agriculture and human resources' revised 2020 rainwater catchment systems guidelines.  The design, maintenance, and treatment guidelines outline a safe process for utilizing water captured for personal use that can be appropriately applied to business activities under certain regulatory conditions.

     Accordingly, the purpose of this Act is to establish a working group within the department of health to assess the feasibility of allowing business owners in the State to utilize filtered water collected by water catchment systems for business activities.

     SECTION 2.  (a)  There is established within the department, a business activity water catchment system working group.

     (b)  The working group shall assess and make recommendations on:

     (1)  The feasibility of allowing business owners in the State to utilize filtered water collected by water catchment systems for business activities, including the types and sizes of businesses that are best suited to implement water catchment systems for business activities;

     (2)  The feasibility of establishing a business activity water catchment system testing program within the department that provides or otherwise assists business owners in conducting annual testing of filtered water produced from a water catchment system for business activities, including determining the types of chemicals or substances, in addition to lead and copper, that need to be tested to ensure the safety of the filtered water for business activities;

     (3)  How the State and counties can cooperate in ensuring that water catchment systems utilized for business activities are in compliance with applicable plumbing codes; and

     (4)  Possible means by which the State can assist business owners in safely utilizing filtered water from a water catchment system for business activities.

     (c)  The working group shall consist of the following members:

     (1)  One member of the senate, appointed by the president of the senate, who shall serve as co-chair of the working group;

     (2)  One member of the house of representatives, appointed by the speaker of the house of representatives, who shall serve as co-chair of the working group;

     (3)  Director of health or director's designee;

     (4)  One representative from each county's board or department of water supply;

     (5)  One member representing the public, invited by the president of the senate; and

     (6)  One member representing the public, invited by the speaker of the house of representatives.

     (d)  The working group shall report its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027.

     (e)  The members of the working group shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

     (f)  No member of the working group shall be subject to chapter 84, Hawaii Revised Statutes, solely because of the

member's participation in the working group.

     (g)  The working group shall be dissolved on June 30, 2027.

     (h)  For the purposes of this section:

     "County" means the city and county of Honolulu, the county of Hawaii, the county of Kauai, and the county of Maui.

     "Department" means the department of health.

     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 retain the professional services of a facilitator to direct the Business Activity Water Catchment System Working Group, and assist the department of health with preparing a report to the legislature.

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

     SECTION 4.  This Act shall take effect on December 31, 2050.

Report Title:

DOH; Water Catchment Systems; Business Activity Water Catchment System Working Group; Report; Appropriations

Description:

Establishes a Business Activity Water Catchment System Working Group within the Department of Health to assess the feasibility of allowing business owners in the State to utilize filtered water collected by water catchment systems for business activities.  Requires the Business Activity Water Catchment System Working Group to report its findings and recommendations to the Legislature before the Regular Session of 2027 and dissolve on 6/30/2027.  Appropriates funds.  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 Water Catchment Systems.

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

     SECTION 1.  The legislature finds that the State continues to face a severe potable water shortage.  Recent high-profile petroleum leaks at the Red Hill bulk fuel storage facility underscore the fragility of the State's water system.  As recently as December 2021, the board of water supply of the city and county of Honolulu was forced to take precautionary measures and shut down the Hālawa Shaft, Hālawa Wells, and Aiea Wells amid concerns arising from contamination of the nearby Navy water distribution system coupled with drought conditions.

     The legislature further finds that access to water is a prerequisite to addressing many of the State's current problems relating to developing affordable housing, empowering local businesses, diversifying the economy, and improving the economic stability of the State's most vulnerable residents.  Therefore, the State must pursue innovative solutions to decrease use of the State's limited aquifers, including the use of water catchment systems.

     The legislature further finds that water catchment systems help to capture and utilize rainwater more efficiently and keep existing state water infrastructure, including both municipal water and stormwater systems, in working order.  In 2017, the Journal of Contemporary Water Research and Education published an article entitled "Survey of Rainwater Catchment Use and Practices on Hawaii Island", which states that "[u]p to 60,000 people in the state of Hawaii were estimated to be dependent on rainwater catchment as their primary domestic water source in 2010", with the majority of people dependent upon captured water living on Hawaiʻi island.

     The legislature further finds that water catchment systems can supplement potable water systems, conserving natural resources while serving as the sole daily water source for people living in rural districts.  However, existing law allows captured water for personal uses only and prohibits the use of captured water for business activities.  A lack of nearby commercial kitchens and county water infrastructure in underserved rural areas inherently disadvantages local businesses and contributes to unviable local business conditions.

     The legislature further finds that the department of health recommends following the university of Hawaiʻi at Manoa college of tropical agriculture and human resources' revised 2020 rainwater catchment systems guidelines.  The design, maintenance, and treatment guidelines outline a safe process for utilizing water captured for personal use that can be appropriately applied to business activities under certain regulatory conditions.

     Accordingly, the purpose of this Act is to establish a working group within the department of health to assess the feasibility of allowing business owners in the State to utilize filtered water collected by water catchment systems for business activities.

     SECTION 2.  (a)  There is established within the department, a business activity water catchment system working group.

     (b)  The working group shall assess and make recommendations on:

     (1)  The feasibility of allowing business owners in the State to utilize filtered water collected by water catchment systems for business activities, including the types and sizes of businesses that are best suited to implement water catchment systems for business activities;

     (2)  The feasibility of establishing a business activity water catchment system testing program within the department that provides or otherwise assists business owners in conducting annual testing of filtered water produced from a water catchment system for business activities, including determining the types of chemicals or substances, in addition to lead and copper, that need to be tested to ensure the safety of the filtered water for business activities;

     (3)  How the State and counties can cooperate in ensuring that water catchment systems utilized for business activities are in compliance with applicable plumbing codes; and

     (4)  Possible means by which the State can assist business owners in safely utilizing filtered water from a water catchment system for business activities.

     (c)  The working group shall consist of the following members:

     (1)  One member of the senate, appointed by the president of the senate, who shall serve as co-chair of the working group;

     (2)  One member of the house of representatives, appointed by the speaker of the house of representatives, who shall serve as co-chair of the working group;

     (3)  Director of health or director's designee;

     (4)  One representative from each county's board or department of water supply;

     (5)  One member representing the public, appointed by the president of the senate; and

     (6)  One member representing the public, appointed by the speaker of the house of representatives.

     (d)  The working group shall report its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027.

     (e)  The members of the working group shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

     (f)  No member of the working group shall be subject to chapter 84, Hawaii Revised Statutes, solely because of the

member's participation in the working group.

     (g)  The working group shall be dissolved on June 30, 2027.

     (h)  For the purposes of this section:

     "County" means the city and county of Honolulu, the county of Hawaii, the county of Kauai, and the county of Maui.

     "Department" means the department of health.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

DOH; Water Catchment Systems; Business Activity Water Catchment System Working Group; Report

Description:

Establishes a Business Activity Water Catchment System Working Group within the Department of Health to assess the feasibility of allowing business owners in the State to utilize filtered water collected by water catchment systems for business activities.  Requires the Business Activity Water Catchment System Working Group to report its findings and recommendations to the Legislature before the Regular Session of 2027 and dissolve on 6/30/2027.

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. 629

Honolulu, Hawaii

RE:    S.B. No. 836

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was referred S.B. No. 836 entitled:

"A BILL FOR AN ACT RELATING TO WATER CATCHMENT SYSTEMS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish a Business Activity Water Catchment System Working Group within the Department of Health to assess the feasibility of allowing business owners in the State to utilize filtered water collected by water catchment systems for business activities; and

     (2)  Require the Business Activity Water Catchment System Working Group to report its findings and recommendations to the Legislature before the Regular Session of 2027 and dissolve on June 30, 2027.

     Your Committee received testimony in support of this measure from Hawaiʻi Food+ Policy.

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

     Your Committee finds that the State's water resources are fragile and have been recently subjected to significant stressors after the petroleum leaks at the Red Hill bulk fuel storage facility on Oahu and the 2023 Maui wildfires.  Your Committee further finds that assessing and implementing novel ideas to protect and diversify the State's water resources is vital.  The establishment of this measure's Business Activity Water Catchment System Working Group is crucial for developing guidelines that ensure the safe and responsible implementation of water catchment systems for business use.

     Your Committee has amended this measure by:

     (1)  Inserting a blank appropriation amount to retain the professional services of a facilitator to direct the Business Activity Water Catchment System Working Group, and assist the Department of Health with preparing a report to the Legislature;

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

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

     As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 836, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 836, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,