HOUSE OF REPRESENTATIVES

H.B. NO.

1921

THIRTY-THIRD LEGISLATURE, 2026

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CESSPOOLS.

 

 

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

 

     SECTION 1.  The legislature finds that Hawaii continues to face a severe shortage of safe and affordable housing across all islands.  As housing costs rise faster than wages, many local families are responding by doubling up and adding bedrooms to existing homes to accommodate multigenerational living, prevent displacement, and keep extended family members together in their communities.

     The legislature further finds that many proposed state and county cesspool conversion and wastewater infrastructure subsidies appropriately prioritize conversion, upgrade, or connection in priority level 1 and 2 areas, where cesspools and other onsite wastewater systems pose the greatest risk to drinking water sources, surface waters, and coastal ecosystems.  However, homeowners with cesspools or individual wastewater systems located in priority level 3 areas often lack access to comparable subsidies for conversion or upgrade, even though they face similar housing pressures and may need to add modest bedroom capacity to remain housed in their communities.

     Since properly designed, sited, and maintained onsite systems in priority level 3 areas may be further away from sensitive environmental assets or areas that may directly affect human well-being, the legislature finds that, to the extent practicable under federal law, these areas should be afforded exemptions from chapter 11-62-06(m), Hawaii Administrative Rules, to add bedrooms or make minor expansions to existing dwellings while meeting applicable state and county environmental and public health standards.

     Therefore, the purpose of this Act is to align housing and wastewater policy by allowing reasonable bedroom additions in priority level 3 areas, to the extent permitted under federal requirements, without compromising water quality or public health.

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

     "§342D-     Existing cesspools; additional bedrooms; conditions.  (a)  Notwithstanding any other law to the contrary, an existing cesspool that lawfully serves a single dwelling or dwelling unit on a tax map key parcel located within a priority level 3 area may continue to be used to serve that dwelling or dwelling unit and may also serve additional bedrooms constructed on the same parcel and within the existing dwelling or dwelling unit if:

     (1)  The cesspool was in use before August 30, 1991, or approved prior to March 21, 2016;

     (2)  The total number of bedrooms served by the cesspool, including any additional bedrooms authorized pursuant to this section, does not exceed five;

     (3)  The cesspool receives no more than one thousand gallons of wastewater per day, as determined in accordance with rules adopted by the department; and

     (4)  No additional structure that the applicable county land use ordinance classifies as a separate dwelling unit, accessory dwelling unit, ohana dwelling, or other residential dwelling unit is connected to the cesspool.

     (b)  Bedrooms authorized under subsection (a) shall be located only in the one existing dwelling or dwelling unit.

     (c)  This section shall not be construed to:

     (1)  Authorize the construction of any new cesspool;

     (2)  Extend or modify the deadline for cesspool conversion established in section 342D-72;

     (3)  Limit the authority of the department to require the upgrade or conversion of a cesspool where necessary to protect water quality or human health; or

     (4)  Authorize the operation of a large-capacity cesspool, as that term is used in applicable federal underground injection control regulations.

     (d)  The department may:

     (1)  Adopt rules pursuant to chapter 91 to implement this section; and

     (2)  Prohibit the addition of bedrooms under subsection (a) in specific areas where evidence demonstrates that continued cesspool use is impacting water quality or human health.

     (e)  For the purposes of this section, "priority level 3" means an area designated as priority level 3 by the most recently published version of the Hawaii cesspool prioritization tool."

     SECTION 3.  New statutory material is underscored.

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

 


 

Report Title:

Existing Cesspools; Additional Bedrooms; Priority Level 3 Area; DOH

 

Description:

Allows an existing cesspool that lawfully serves a single dwelling or dwelling unit in a priority level 3 area to continue serving that dwelling or dwelling unit and additional bedrooms constructed on the same parcel and within the existing dwelling or dwelling unit, subject to certain conditions.  Authorizes the Department of Health to adopt rules and authorizes the restriction of additional bedrooms where evidence demonstrates that continued cesspool use impacts water quality or human health.  Effective 7/1/3000.  (HD1)

 

 

 

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