HOUSE OF REPRESENTATIVES |
H.B. NO. |
2195 |
THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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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 failing cesspools are contaminating
the State's ground water, streams, and coastal ecosystems. To address this, Act 125, Session Laws of
Hawaii 2017, required all cesspools to be upgraded or converted to a septic
system or aerobic treatment unit system, or connected to a sewerage system, by
2050 and directed the department of health to develop a system to prioritize
their upgrade, conversion, or connection based on their impact on public
health. The department of health's
December 2017 report to the legislature identified four priority
categories: priority level one for areas
where cesspools present a significant risk of human impacts, drinking water
impacts, or draining to sensitive waters; priority level two for areas where
cesspools present a potential to impact drinking water; priority level three
for areas where cesspools present a potential impact on sensitive state waters
or coastal ecosystems; and priority level four, which includes cesspools where
impacts have not yet been assessed.
Cesspools categorized under levels one, two, and three include
approximately forty-three thousand cesspools in the State.
The legislature recognizes that the
requirement to upgrade or convert a cesspool imposes a financial burden on low-
and moderate-income families.
The purpose of this Act is to assist low-
and moderate-income property owners, including lessees on Hawaiian home lands,
with upgrading, converting, or connecting their failing cesspools to more
environmentally appropriate systems or sewerage systems by creating a pilot
grant project to assist with conversion costs.
SECTION 2. (a) There is established in the department of health
the cesspool compliance pilot grant project to assist property owners, including
lessees on Hawaiian home lands, with upgrading, converting, or connecting a
cesspool that the department has identified as failing. Specifically, the cesspool compliance pilot grant
project shall assist property owners and lessees on Hawaiian home lands in
meeting the costs of:
(1) Upgrading or converting a failing cesspool to a director-approved wastewater system; or
(2) Connecting a failing cesspool to a sewerage system.
(b) The department shall not grant awards to any owner of real property with a cesspool or lessee on Hawaiian home lands with a cesspool unless:
(1) The department has assigned the cesspool to priority level one, two, or three in the department's December 2017 report to the legislature entitled, "Relating to Cesspools and Prioritization for Replacement"; and
(2) The owner or lessee provides the department with the tax return required by this section.
(c)
No grant under this section shall be awarded to any owner of real property
with a cesspool or lessee on Hawaiian home lands with a cesspool who is:
(1) A taxpayer filing a single return or a married person filing separately with a federal adjusted gross income of $ or more;
(2) A taxpayer filing as a head of household with a federal adjusted gross income of $ or more; or
(3) A taxpayer filing a joint return or as a surviving spouse with a federal adjusted gross income of $ or more.
The owner's or lessee's income shall be verified using the tax return of the most recent taxable year that is closed.
(d) The department shall grant awards on a first-come, first-served basis, subject to funding availability.
(e)
The department shall adopt rules as necessary to carry out the cesspool compliance
pilot grant project; provided that the rules shall include a method of
calculating a sliding scale grant amount based upon the federal adjusted gross
income of the owner or lessee of the property with a failing cesspool.
(f) The
department shall submit to the legislature a report on the pilot grant project,
including any findings and recommendations, and any proposed legislation, no later
than twenty days prior to the convening of the regular session of .
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 2022-2023 to implement the cesspool compliance pilot grant project; provided that $ of the appropriation may be used to:
(1) Fund one temporary, part-time position in the department of health for a cesspool compliance pilot grant project administrator to establish and administer the project; or
(2) Contract for services to establish and administer the project.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 4. This Act shall take effect on July 1, 2100, and shall be repealed on .
Report Title:
Cesspool
Compliance Pilot Grant Project; Appropriation
Description:
Establishes a cesspool compliance pilot grant project to assist low- and moderate-income property owners, including lessees on Hawaiian home lands, with the costs of upgrading, converting, or connecting cesspools. Applies to cesspools identified by the Department of Health as failing. Appropriates funds. Effective 7/1/2100. Sunsets on . (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.