STAND. COM. REP. NO.  1323

 

Honolulu, Hawaii

                , 2023

 

RE:   S.B. No. 426

      S.D. 2

      H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

 

Sir:

 

     Your Committees on Energy & Environmental Protection and Water & Land, to which was referred S.B. No. 426, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO CESSPOOLS,"

 

beg leave to report as follows:

 

     The purpose of this measure is to implement the recommendation of the Cesspool Conversion Working Group to accelerate the dates for required upgrades, conversions, or connections of priority level 1 cesspools and priority level 2 cesspools by requiring:

 

     (1)  Priority level 1 cesspools to be upgraded, converted, or connected before January 1, 2030; and

 

     (2)  Priority level 2 cesspools to be upgraded, converted, or connected before January 1, 2035.

 

     Your Committees received testimony in support of this measure from the Department of Health; Department of Land and Natural Resources; Hawaii Green Infrastructure Authority; Hawaii Climate Change Mitigation & Adaptation Commission; University of Hawaii Sea Grant College Program and Water Resources Research Center; Environmental Caucus of the Democratic Party of Hawaii; Surfrider Foundation, Hawaii Region; Public Access to SunScreens; Hawaii Reef and Ocean Coalition; Ulupono Initiative; Coral Reef Alliance; WAI:  Wastewater Alternatives & Innovations; and eight individuals.  Your Committees received testimony in opposition to this measure from seven individuals.  Your Committees received comments on this measure from the Hawaii Association of REALTORS.

 

     Your Committees find that cesspool pollution damages public health; pollutes drinking water; and lowers water quality in streams, ground water, nearshore marine areas, and the ocean.  Your Committees further find that the Cesspool Conversion Working Group, when tasked with developing a long-range, comprehensive plan for conversion of cesspools statewide by 2050, recommended staggering the upgrades of cesspools based on their environmental impact.  This measure implements the recommendation of the Cesspool Conversion Working Group to more timely protect the health of Hawaii's waters and marine ecosystems.

 

     Your Committees have amended this measure by:

 

     (1)  Including a planned development of sewerage upgrades to an area as a legitimate reason for an exemption from upgrading, converting, or connecting a cesspool;

 

     (2)  Authorizing the Department of Health to grant extensions of up to five years at a time for cesspool upgrades, conversions, or connections based on demonstration of financial inability to pay or finance a cesspool upgrade, conversion, or connection and to adopt rules necessary to grant those extensions;

 

     (3)  Changing the effective date to June 30, 3000, to encourage further discussion; and

 

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

 

     As affirmed by the records of votes of the members of your Committees on Energy & Environmental Protection and Water & Land that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 426, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 426, S.D. 2, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

 

 

Respectfully submitted on behalf of the members of the Committees on Energy & Environmental Protection and Water & Land,

 

 

____________________________

LINDA ICHIYAMA, Chair

 

____________________________

NICOLE E. LOWEN, Chair