STAND. COM. REP. NO. 453-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 376

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Water & Land, to which was referred H.B. No. 376, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CESSPOOLS,"

begs leave to report as follows:

The purpose of this measure is to accelerate the deadlines for the required upgrades, conversions, or connections of priority level 1 and priority level 2 cesspools to 2035 and 2040, respectively.

Your Committee received testimony in support of this measure from the University of Hawaiʻi Sea Grant College Program and Water Resources Research Center; one member of the Hawaiʻi County Council; Hawaiʻi Reef and Ocean Coalition; CARES | Community Advocacy Research Education Services; and one individual. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Health and Hawaiʻi Association of REALTORS.

Your Committee finds that the conversion of cesspools forms a pivotal component of the State's broader strategy to address water-quality issues, promote a cleaner and healthier environment for current and future generations, and avoid the compounding effects that climate change will have on Hawaii's already-strained resources. Your Committee further finds that this measure would accelerate the deadline of cesspool conversion, regardless of their priority level, and therefore strengthen the protection of human and environmental health as well as reduce the potential for increased challenges associated with the use of cesspools.

Your Committee has amended this measure by:

(1) Instead of requiring that before January 1, 2050, every cesspool in the State, excluding cesspools granted exemptions by the Director of Health for certain reasons, be upgraded, converted, or connected, requiring the Director of Health to prepare and submit to the Legislature an inventory of every remaining cesspool in the State as of January 1, 2045, including exempted cesspools, recommending whether or not and by what date the cesspool should be upgraded or converted to a Director-approved wastewater system or connected to a sewerage system; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 376, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 376, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

____________________________

MARK J. HASHEM, Chair