HB1892 HD1

PART I

SECTION 1. The legislature finds that the health of Hawaii's people and quality of Hawaii's waters are being harmed by pollution from cesspools. Hawaii has more than eighty thousand cesspools that discharge about fifty million gallons of wastewater into the State's groundwater every day. Cesspools are antiquated, substandard systems that damage public health; pollute drinking water; and lower water quality in streams, ground waters, nearshore marine areas, and the ocean. Cesspool pollution also harms public recreation and the precious coral reefs on which Hawaii's economy, shoreline, fisheries, and native species depend.

The purpose of this Act is to:

(1) Accelerate the dates for required upgrades, conversions, or connections of:

(A) The 13,821 priority level 1 cesspools in the State to 2035, with certain exceptions; and

(B) The 12,367 priority level 2 cesspools in the State to 2040;

(2) Authorize and appropriate funds to the department of health to retain qualified consultants as necessary to identify necessary public outreach and education resources and tools and develop a comprehensive public outreach strategy and website to serve as a statewide clearinghouse for information and resources for homeowners and wastewater industry professionals related to cesspool upgrade, conversion, and connection; and

(3) Appropriate funds and establish positions for the implementation of the cesspool compliance pilot grant project.

PART II

SECTION 2. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342D- Cesspools; mandatory upgrade, conversion, or connection; priority level 1; priority level 2. (a) Every cesspool in the State categorized as priority level 1 according to the University of Hawaii's 2022 Hawaii cesspool prioritization tool shall be:

(1) Upgraded or converted to a director-approved wastewater system; or

(2) Connected to a sewerage system,

before January 1, 2035; provided 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, 2040.

(b) Every cesspool in the State designated as priority level 2 according to the University of Hawaii's 2002 Hawaii cesspool prioritization tool shall be:

(1) Upgraded or converted to a director-approved wastewater system; or

(2) Connected to a sewerage system,

before January 1, 2040.

(c) The director may grant an exemption from the requirements of subsections (a) and (b) to the property owner of a cesspool who applies for an exemption and presents documentation showing a legitimate reason that makes it infeasible to upgrade, convert, or connect the cesspool. For the purposes of this subsection, a legitimate reason shall include but not be limited to:

(1) Small lot size;

(2) Steep topography;

(3) Poor soils;

(4) Accessibility issues; or

(5) A planned development of sewerage upgrades to an area.

(d) The department may grant extensions of up to five years at a time from the requirements of subsections (a) and (b) based on demonstration of financial inability to pay for or finance a cesspool upgrade, conversion, or connection; provided that the department of health may adopt rules pursuant to chapter 91 necessary to effectuate the purposes of this subsection.

(e) Notwithstanding any law to the contrary, no penalty or other assessment for any violation of this section shall constitute a lien on the real property. Notwithstanding any law to the contrary, no seizure of real property shall be authorized for any violation of this section.

(f) As used in this section, "cesspool" has the same meaning as in section 342D-72."

SECTION 3. Section 342D-72, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [~~Before~~] Except as otherwise provided in section 342D- , before January 1, 2050, every cesspool in the State, excluding cesspools granted exemptions by the director of health pursuant to subsection (b), shall be:

(1) Upgraded or converted to a director-approved wastewater system; or

(2) Connected to a sewerage system."

PART III

SECTION 4. 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) 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 upgrade, conversion, and connection options and resources; and

(C) Develop a website to serve as a statewide clearinghouse for information and resources for homeowners and wastewater industry professionals about resources, priority level maps, cesspool impacts, financing options, exemptions, county plans, and any other relevant information."

SECTION 5. Notwithstanding section 342D-83, Hawaii Revised Statutes, or any other law to the contrary, there is appropriated out of the water pollution control revolving fund the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the department of health to retain qualified consultants, as necessary, to identify necessary public outreach and education resources and tools, and develop a comprehensive public outreach strategy and website to provide necessary information to homeowners and wastewater industry professionals about information and resources regarding the State's cesspool upgrade, conversion, and connection requirements and deadlines.

PART IV

SECTION 6. 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 2024-2025 to implement the cesspool compliance pilot grant project established pursuant to Act 153, Session Laws of Hawaii 2022.

The sum appropriated shall be expended by the department of health for the purposes of this part.

SECTION 7. 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 2024-2025 to establish:

(1) One full-time equivalent (1.0 FTE) engineer V position;

(2) One full-time equivalent (1.0 FTE) engineer IV position; and

(3) One full-time equivalent (1.0 FTE) accountant IV position,

to implement the cesspool compliance pilot grant project established pursuant to Act 153, Session Laws of Hawaii 2022, and perform other cesspool conversion-related work.

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

PART V

SECTION 8. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriations contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriations made in this Act are necessary to serve the public interest; and

(2) The appropriations made in this Act meet the needs addressed by this Act.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1892
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII