SB2360

THE SENATE	S.B. NO.	2360
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to cesspool conversions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that Act 153, Session Laws of Hawaii 2022, established a cesspool compliance pilot grant project to assist property owners, including lessees on Hawaii home lands, with upgrading, converting, or connecting a cesspool. The pilot grant project is set to sunset in 2028.

The purpose of this Act is to:

(1) Increase the maximum grant amount from $20,000 to $30,000;

(2) Establish and appropriate moneys for two full-time equivalent (2.0 FTE) positions to implement the pilot grant project and other cesspool conversion related work; and

(3) Appropriate funds for the cesspool compliance pilot grant project for fiscal year 2024-2025.

SECTION 3. Act 153, Session Laws of Hawaii 2022, is amended by amending section 2 as follows:

1. By amending subsection (b) to read:

"(b) The department of health 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 cesspool is located in an area identified as priority level 1 or 2 in the University of Hawaii's [~~2021~~] 2022 Hawaii cesspool hazard assessment and prioritization tool;

(2) The owner or lessee provides the department with the tax return required by this section; and

(3) An application, the form of which shall be decided by the department, is submitted and deemed completed by the department of health."

2. BY amending subsection (f) to read:

"(f) The department of health shall grant awards not to exceed [~~$20,000~~] $30,000 based on receipts of payment submitted under subsection (e)(4); provided that cesspools that have been upgraded or converted to a director of health-approved wastewater system before the passing of this Act shall not be eligible for this grant."

3. By amending subsection (h) to read:

"(h) The department of health 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 [~~2024.~~] 2025."

SECTION 2. 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 Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:

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

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $151,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of two full-time equivalent (2.0 FTE) permanent positions comprising one program specialist V position and one planner IV position within the cesspool compliance pilot grant project established by Act 153, Session Laws of Hawaii 2022.

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

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the cesspool compliance pilot grant project established by Act 153, Session Laws of Hawaii 2022.

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

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________