SB762

THE SENATE	S.B. NO.	762
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO WATER CATCHMENT SYSTEMS.

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

SECTION 1. The legislature finds that the State continues to face a severe potable water shortage. Recent high-profile petroleum leaks at the Red Hill bulk fuel storage facility underscore the fragility of the State's water system. As recently as March 2022, the board of water supply of the city and county of Honolulu was forced to take precautionary measures and shut down the Hālawa Shaft, Hālawa Well, and Aiea Well amid concerns arising from contamination of the nearby Navy water distribution system coupled with drought conditions.

The legislature further finds that access to water is a prerequisite to addressing many of the State's current problems relating to developing affordable housing, empowering local businesses, diversifying the economy, and improving the economic stability of the State's most vulnerable residents. Therefore, the State must pursue innovative solutions to decrease use of the State's limited aquifers, including the use of water catchment systems.

The legislature further finds that water catchment systems help to capture and utilize rainwater more efficiently and keep existing state water infrastructure, including both municipal water and stormwater systems, in working order. In 2017, the Journal of Contemporary Water Research and Education published an article entitled "Survey of Rainwater Catchment Use and Practices on Hawaii Island", which states that "Up to 60,000 people in the state of Hawaii were estimated to be dependent on rainwater catchment as their primary domestic water source", with the majority of people dependent upon captured water living on Hawaiʻi island.

The legislature further finds that water catchment systems can supplement potable water systems, conserving natural resources while serving as the sole daily water source for people living in rural districts. However, existing law allows captured water for personal uses only and prohibits the use of captured water for business activities. A lack of nearby commercial kitchens and county water infrastructure in underserved rural areas inherently disadvantages local businesses and contributes to unviable local business conditions.

The legislature further finds that the department of health recommends following the University of Hawaii at Manoa college of tropical agriculture and human resources' revised 2020 rainwater catchment systems guidelines. The design, maintenance, and treatment guidelines outline a safe process for utilizing water captured for personal use that can be appropriately applied to business activities, under certain regulatory conditions.

Accordingly, the purpose of this Act is to require the department of health to regulate water catchment systems used for business activities.

SECTION 2. Chapter 340E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§340E- Water catchment systems; business activities. (a) The department shall adopt rules pursuant to chapter 91 to regulate water catchment systems, including filtration quality, used for business activities. Rules adopted by the department under this section shall comply with the state plumbing code, including appendix K, and chapter 448E.

(b) The department shall allow business owners to participate in the department's annual water testing program established under section 340E-4.8; provided that:

(1) The participating business owner shall pay $ for the tests and the department shall cover the remaining testing cost;

(2) The business owner shall utilize a certified private analytical laboratory specified by the department or the department may conduct the tests; and

(3) Each registered business utilizing filtered water produced from a water catchment system may request one set of tests per year.

(c) The department shall establish a nonregulatory program that provides technical assistance to business owners who wish to utilize filtered water from a water catchment system. To the extent practicable, the department shall assist the business owner by recommending practical, affordable, and safe methods to improve water quality and filtration based on the specific design and conditions of the water catchment system."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________