STAND. COM. REP. NO. 1047

Honolulu, Hawaii

RE: S.B. No. 426

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 426, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CESSPOOLS,"

begs leave to report as follows:

The purpose and intent of this measure is to implement the recommendations of the cesspool conversion working group by requiring priority level 1 cesspools to be upgraded, converted, or connected before January 1, 2030, and priority level 2 cesspools to be upgraded, converted, or connected before January 1, 2035.

Your Committee received written comments in support of this measure from the Department of Health, Department of Land and Natural Resources, Hawaii Green Infrastructure Authority, State of Hawaii Climate Change Mitigation and Adaptation Commission, Department of Environmental Management for the County of Hawaii, Environmental Caucus of the Democratic Party of Hawaii, Surfrider Foundation Hawaii Region, Ulupono Initiative, Wastewater Alternatives and Innovations, Hawaii Reef and Ocean Coalition, and numerous individuals.

Your Committee received written comments in opposition to this measure from three individuals.

Your Committee received written comments on this measure from Hawaii REALTORS.

Your Committee finds that accelerating upgrades for high‑priority cesspools that pose the greatest threat to nearshore water quality and human health will help minimize future contamination of Hawaii's fragile aquatic areas.

Your Committee has amended this measure by:

(1) Providing that priority level 1 cesspools on recreational residence leases within the Kokee State Park and Waimea Canyon State Park on the island of Kauai shall be upgraded, converted, or connected before January 1, 2035, as recommended in written testimony from the Department of Land and Natural Resources;

(2) Changing the effective date to July 1, 2050, to facilitate further discussion on the measure; and

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

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 426, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 426, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair