SB2926

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) Allow certain extensions of the deadline for cesspool conversions; and

(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.

PART II

SECTION 2. Section 342D-72, Hawaii Revised Statutes, is amended to read as follows:

"§342D-72 Cesspools; mandatory upgrade, conversion, or connection. (a) 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.

(b) The director of health may grant exemptions from the requirements of subsection (a) to property owners of cesspools that apply for an exemption and present documentation showing a legitimate reason that makes it infeasible to upgrade, convert, or connect the cesspools. 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[~~; or~~]

(4) Accessibility issues[.]; or

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

(c) The department may grant extensions of up to five years at a time of the deadline under subsection (a) based on a 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.

(d) 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.

[~~(c)~~] (e) As used in this section, "cesspool" means an individual wastewater system consisting of an excavation in the ground whose depth is greater than its widest surface dimension, that receives untreated wastewater, and retains or is designed to retain the organic matter and solids discharged into it, but permits the liquid to seep through its bottom or sides to gain access to the underground geographic formation."

PART III

SECTION 3. 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 4. 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 2026-2027 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.

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

PART IV

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, 2026.

INTRODUCED BY:

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THE SENATE	S.B. NO.	2926
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII