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

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 statutory and constitutional mandate to protect the State's environment and natural resources, operating in conjunction with federal statutory mandates under the Safe Drinking Water Act and the 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 require the department of health to amend its administrative rules to:

(1) Set the maximum number of dwellings and dwelling units that may be connected to a single individual wastewater system to five dwellings and dwelling units; and

(2) Set the maximum number of bedrooms that may be connected to a single individual wastewater system to six bedrooms.

SECTION 2. The department of health shall amend its administrative rules in accordance with chapter 91, Hawaii Revised Statutes, to set the number of dwellings and dwelling units that may be connected to a single individual wastewater system to be not more than five dwellings or dwelling units; provided that the total quantity of bedrooms connected to one individual wastewater system shall not exceed six bedrooms.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

DOH; Individual Wastewater Systems; Dwelling Units; Dwellings; Bedrooms; Rules

Description:

Requires the Department of Health to amend its administrative rules to: (1) Set the maximum number of dwellings and dwelling units that may be connected to a single individual wastewater system to five dwellings and dwelling units; and (2) Set the maximum number of bedrooms that may be connected to a single individual wastewater system to six bedrooms.

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