THE SENATE	S.B. NO.	2155
THIRTY-THIRD LEGISLATURE, 2026		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO WASTEWATER SYSTEMS.

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

SECTION 1. The legislature finds that the State has a constitutional and statutory mandate to protect its environment and natural resources, operating in conjunction with federal mandates under the Safe Drinking Water Act and Clean Water Act. Recognizing the threats and long-term consequences of inadequate wastewater systems, the legislature understands and acknowledges the growing body of research that substantiates that overutilization of individual wastewater systems has been linked to groundwater contamination, waste leakage, and significant risks to nearshore marine ecosystems. Several well-documented public health and environmental concerns are associated with overutilized individual wastewater systems. When these systems experience hydraulic overload, effluent can migrate into groundwater sources, resulting in contamination that poses significant risks to public health and the environment. The legislature estimates that approximately eighty-three to eighty-eight thousand cesspools are located throughout the State and that upwards of fifty- to fifty-five million gallons of untreated wastewater are discharged into the ground each day. Beyond the immediate and observable consequences to the environment, the legislature recognizes the secondary impacts that wastewater issues have on the housing sector, particularly workforce housing in the agricultural sector, where housing options are strained and often located in isolated rural locations that exacerbate wastewater connectivity issues.

In response to persistent cesspool conversion challenges, the legislature has enacted several measures to progress towards the cesspool conversion mandate established in Act 125, Session Laws of Hawaii 2017, including establishing a cesspool conversion working group, establishing tax credits for cesspool conversions, and the development of an interacting cesspool monitoring tool. However, despite these efforts, the rate of cesspool conversions remains slow and continues to impede the agricultural and housing sectors in the State's economy. The legislature recognizes the need to ensure that any further legislative initiative is coupled with flexibility, equity, enforceability, and technological adaptability in multiple economic sectors. The legislature intends to fulfill its mandate to address the State's persistent wastewater challenges by balancing critical resource management, environmental protection, the interests of affected economic sectors, and the housing needs of the State.

Accordingly, the purpose of this Act is to increase the number of bedrooms an individual wastewater system may serve from five to six.

SECTION 2. Section 342D-73, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342D-73[]] Individual wastewater system; dwelling units. An individual wastewater system may serve up to [five] six bedrooms, regardless of the number of:

(1) Dwellings or dwelling units; or

(2) Accessory units as defined by the counties,

whether the dwellings, dwelling units, or accessory units are attached or detached; provided that this section shall not apply to any new requests to connect additional dwelling units to an existing cesspool."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 3000.

Report Title:

Individual Wastewater Systems; Bedrooms; Increase

Description:

Increases the number of bedrooms an individual wastewater system may serve from five to six. Effective 7/1/3000. (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.