SB639

SECTION 1. The legislature finds that Hawaii has more than eighty thousand cesspools that release more than fifty million gallons of raw sewage into the State's groundwater and surface waters every day. Cesspools are an antiquated technology for the disposal of untreated sewage that can pollute drinking water, streams, coastal waters, and coral reefs, posing a significant threat to the environment and to human health.

In response to these serious concerns about cesspool pollution, in 2017, the legislature passed Act 125, Session Laws of Hawaii 2017, which requires all cesspools in the State, unless exempted, to be upgraded or converted to a different type of approved wastewater system or connected to a sewerage system before January 1, 2050. Furthermore, in 2018, the legislature passed Act 138, Session Laws of Hawaii 2018, which established within the department of health, the cesspool conversion working group to develop a long-range, comprehensive plan for cesspool conversion statewide by 2050, and to submit reports, including the group's findings, recommendations, and any proposed legislation, to the legislature.

The legislature further finds that public outreach and education are essential components of a cesspool conversion program. Wastewater upgrade programs in other jurisdictions have found that robust public outreach was necessary for the success of their efforts. In this regard, the cesspool conversion working group has recommended that cesspool owners be provided clear guidance on the necessary steps to successfully convert their cesspools, which will require:

(1) Hiring of public outreach personnel at state and county levels to work with nonprofit organizations in educating homeowners as to why cesspools need to be converted, the controlling deadlines for conversion, options and resources available to help with the conversions, and other relevant information;

(2) Development of a comprehensive public outreach strategy for cesspool conversions in collaboration with nonprofit organizations, that educates homeowners on conversion options and resources; and

(3) Development of a website that serves as an informational clearinghouse with resources needed for homeowners and wastewater industry professionals, including information on priority areas, cesspool impacts, links to priority area web maps, and other relevant information.

Accordingly, the purpose of this Act is to authorize the department of health to retain experts to develop and implement a public outreach strategy and website to educate homeowners on cesspool conversion requirements and resources, and appropriate funds to the department of health.

SECTION 2. Section 342D-59, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342D-59[]] Research, educational, and training programs. The director may:

(1) Conduct and supervise research programs for the purpose of determining the causes, effects, and hazards of water pollution, the quality of the receiving water and the means to monitor the quality of water, or to effect the proper disposal of sewage, drainage, and waste;

(2) With the approval of the governor, cooperate with, and receive money from the federal government, or any political subdivision of the State or from private sources for the study and control of water pollution; [~~and~~]

(3) Conduct and supervise state educational and training programs on water pollution prevention, control, and abatement, including the preparation and distribution of information relating to water pollution[.]; and

(4) Retain experts who shall, in consultation with counties, nonprofit organizations, and wastewater industry professionals:

(A) Identify necessary resources and tools for public outreach and education, including necessary funding and timelines, to meet the requirements of section 342D-72;

(B) Develop a comprehensive public outreach strategy for the State and counties to educate homeowners on cesspool conversion options and resources; and

(C) Develop a website to educate homeowners on why cesspools need to be converted, when conversions are required, options and resources available to help with the conversions, and other relevant information."

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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the department of health to retain experts to identify necessary public outreach and education resources and tools and develop a comprehensive public outreach strategy and website to provide necessary information to educate homeowners to meet the State's January 1, 2050, cesspool conversion deadline.

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

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	639
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII