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HOUSE 0F REPRESENTATIVES 1396
THIRTY-SECOND LEGISLATURE, 2023 H B _ N O H.D.2
STATE 0F HAWAII
' ' SD.1
A BILL FOR AN ACT
RELATING TO CESSPOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION l. The legislature finds that there are
approximately eighty—three thousand cesspools across the State,
with 48,596 on Hawaii island, fourteen thousand three hundred on
Kauai, eleven thousand thirty-eight on Maui, 7,491 on Oahu, and
one thousand four hundred on Molokai. Pursuant to Act 125,
Session Laws of Hawaii 2017, every cesspool in the State,
excluding cesspools granted exemptions by the director of
health, must be upgraded or converted to a director of health—
approved wastewater system or connected to a sewerage system by
January l, 2050.
Additionally, the legislature also finds that because many
cesspools will need to be converted each year, planning and
coordination need to occur between state and county agencies,
communities and residents affected, and those involved in the
replacement of cesspools to ensure an adequate supply of
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materials, workers, and equipment as demand to convert
increases.
The legislature further finds that the counties are
responsible for wastewater management and are in the best
position to identify priority neighborhoods that are conducive
to connection to an existing or proposed wastewater treatment
system; conduct necessary public outreach to communicate to
affected residents; conduct appropriate feasibility studies;
plan, design, and construct wastewater connections and
improvements; and implement user connection and monthly billing
fees.
As such, the legislature finds that creating a pilot
program that provides upfront planning funds might encourage the
counties to identify the most feasible neighborhoods to connect
to an existing or future wastewater treatment plant, engage
communities in the discussion, conduct preliminary engineering,
and estimate upfront and ongoing costs. A successful pilot
program could provide the necessary data and plans to assist the
counties to implement wastewater connections and scale future
programs to ensure cesspools are converted by 2050.
Therefore, the purpose of this part is to:
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(2)
HB. No. 38.62
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Establish a pilot program within the environmental
management division of the department of health to
work with each county to identify a priority area to
expand the county sewage system or other centralized
treatment system to connect individual properties in
the priority area and reduce or eliminate cesspools in
the identified area; and
Appropriate funds to the department of health to
provide planning grants to each county for a pilot
cesspool conversion project.
SECTION 2. (a) There is established a county cesspool
conversion pilot program within the environmental management
division of the department of health to work with the four
counties to:
(l) Identify a priority area in each county in which a
pilot project could be implemented to expand the
county sewage system or other centraiized treatment
system to connect individual properties in the
priority area and reduce or eliminate cesspools in the
identified area;
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(b)
H.B. NO. 33552
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Meet with appropriate community stakeholders and
homeowners to gather input regarding plans for the
pilot project;
Conduct planning and design;
Estimate capital and ongoing maintenance costs; and
Equitably allocate the funds available to each county
to carry out the pilot project.
Each county shall submit a report on the progress made
on priority areas to convert or upgrade cesspools to a director
of health—approved wastewater system to the legislature no later
than twenty days prior to the convening of the regular sessions
of 2024,
(l)
(3)
(4)
2025, and 2026. The report shall include:
The location, costs of the cesspool conversion
project, and number of homes or units assisted;
Outreach efforts conducted with community stakeholders
and homeowners on the pilot project;
Status of planning and design;
Estimated capital and maintenance expenses and
potential sources of revenues to construct projects;
and
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(5) Recommendations for future priority areas suitable for
municipal sewer connections to further eliminate
cesspools in the county.
(c) The pilot program shall cease to exiSt on June 30,
2026.
(d) As used in this section, "cesspool" has the same
meaning as in section 342D—72, Hawaii Revised Statutes.
SECTION 3. There is appropriated out of the general
revenues of the State of Hawaii the sum of $ or so
much thereof as may be necessary for fiscal year 2023-2024 and
the same sum or so much thereof as may be necessary for fiscal
year 2024~2025 for the establishment of a county cesspool
conversion pilot program within the environmental management
division of the department of health to work with eaéh county to
identify a priority area to expand the county sewage system or
other centralized treatment system to connect individual
properties in the priority area and reduce or eliminate
cesspools in the identified area; provided that the
environmental management division of the department of health
may obtain contractor support to provide any services required
to establish and implement the pilot program.
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The sums appropriated shall be expended by the department
of health for the purposes of this Act.
PART II
SECTION 4. The legislature further finds>that the cesspool
conversion working group recently issued recommendations to
facilitate the statewide conversion of all cesspools. The
implementation of these recommendations will require a
significant effort and a commitment of additional personnel
resources. This investment will also help to ensure that the
State complies with the mandate of Act 125, Session Laws of
Hawaii 2017, to upgrade, convert, or connect all cesspools in
the State by 2050.
Accordingly, the purpose of this part is to:
(l) Create a new cesspool conversion section within the
department of health's wastewater branch that is
dedicated to facilitating the conversion of cesspools
within the State; and
(2) Establish and appropriate funds for new full—time
equivalent permanent positions within the new cesspool
conversion section in fiscal year 2023—2024,
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H.B. NO. 133-62
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and additional full—time equivalent positions in
fiscal year 2024—2025.
SECTION 5. Chapter 342D, Hawaii Revised Statutes, is
amended by adding a new section to part IV to be appropriately
designated and to read as follows:
"§342D- Wastewater branch; cesspool conversion section.
There is established a cesspool conversion section within the
wastewater branch of the department, which shall:
(1)
(3)
(4)
(5)
(6)
Manage and facilitate various state financing options
for the conversion of cesspools in the State;
Develop and manage public outreach and education
regarding the conversion of cesspools;
Inform cesspool owners of available options and
assistance for compliant conversions of cesspools;
Manage any federal, state, or other available grants
to assist with the conversion of ces§pools;
Secure available federal funding that may be used to
assist in the conversion of cesspools; and
Facilitate partnerships with counties, non—
governmental organizations, and the Qgivate sector
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H.B. NO Hm ' 8.0.1
relating to the department's responsibilities under
this section."
SECTION 6. There is appropriated out of the general
revenues of the State of Hawaii the sum of $ or so
much thereof as may be necessary for fiscal year 2023—2024 and
the same sum or so much thereof as may be necessary for fiscal
year 2024—2025 to establish full-time equivalent ( FTE)
permanent positions, a program specialist VI and a planner IV,
within the cesspool conversion section.
The sums appropriated shall be expended by the department
of health for the purposes of this Act.
SECTION 7. There is appropriated out of the general
revenues of the State of Hawaii the sum of $ or so
much thereof as may be necessary for fiscal year 2024-2025 to
establish full-time equivalent ( FTE) permanent
positions, a program specialist V and contracts specialist,
within the cesspool conversion section.
The sum appropriated shall be expended by the department of
health for the purposes of this Act.
PART III
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Page9 H.B. NO. 333.62
$111
SECTION 8. The purpose of this part is to require the
department of health to retain experts to identify necessary
public outreach and education resources and tools and develop a
comprehensive public outreach strategy and website to provide
necessary information to educate homeowners regarding the
State's cesspool, and connection upgrade, conversion
requirements and deadlines.
SECTION 9. Section 342D—59, Hawaii Revised Statutes, is
amended to read as follows:
"[%]§342D-59[+] Research, educational, and training
programs.
(l)
The director may:
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;
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
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30.1 H.B. NO. 333.62
sources for the study and control of water pollution;
[and]
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[v]i_§gg
Retain experts who shall, 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 conversion options and resources; and
(C) Develop a website to educate homeowners on why
cesspools need to be converted, when conversions
are required, options and resources available to
help with the conversions, and other relevant
information."
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SECTION lO. Notwithstanding section 342Dj83, 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 2023—2024 and the same sum or so much thereof as
may be necessary for fiscal year 2024—2025 for the department of
health to retain experts to identify necessary'public outreach
and education resources and tools, and develop a comprehensive
public outreach strategy and website to provide necessary
information to educate homeowners regarding the State's
cesspool, and connection upgrade, conversion requirements and
deadlines.
The sums appropriated shall be expended by the department
of health for the purposes of this Act.
PART IV
SECTION ll. The legislature finds that one recommendation
of the cesspool conversion working group is to ensure that
buyers of real property are adequately informed about the
existence of a cesspool on a property they are considering
purchasing, a requirement that would protect consumers and help
to incentivize cesspool conversions. Chapter 508D, Hawaii
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Revised Statutes, requires a written disclosure statement
prepared by the seller, or at the seller's direction, that fully
and accurately discloses all material facts relating to
residential real property being offered for sale. A "material
fact" is defined to mean "any fact, defect, or condition, past
or present that would be expected to measurably affect the value
to a reasonable person of the residential real property being
offered for sale." The legislature finds that a property with a
cesspool that must be converted by a set date is a material fact
that should be clearly and explicitly disclosed by the seller in
a real property transaction. Further, if the property does have
a cesspool, the priority level of that cesspool as determined by
the Hawaii cesspool prioritization tool, including the date by
which that cesspool must be converted, should also be disclosed.
The legislature further finds that there is a need to
reinstate the cesspool upgrade, conversion, or connection tax
credit that expired at the end of 2020. There will be a need
for a variety of financing options to assist residents with the
cost of cesspool conversions, including the grant program
established by Act 153, Session Laws of Hawaii 2022. The re-
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establishment of the cesspool upgrade, conversion, or connection
tax credit will complement the grant program.
The purpose of this part is to:
(l) Re—establish the cesspool upgrade, conversion, or
connection income tax credit that sunset on
December 31, 2020; and
(2) Require that mandatory seller disclosures in real
estate transactions include whether the property has a
cesspool, including the date by which state law
mandates that the cesspool be upgraded, converted, or
connected, and the priority level of the cesspool
according to the Hawaii cesspool hazard assessment and
prioritization tool.
SECTION l2. Chapter 235, Hawaii Revised Statutes, is
amended by adding a new section to part I to be appropriately
designated and to read as follows:
"S235- Cesspool uggrade, conversion, or connection;
income tax credit. (a) There shall be allowed to each taxpayer
subject to the tax imposed under this chapter a cesspool
upgrade, conversion, or connection income tax credit that shall
be deductible from the taxpayer's net income tax liability, if
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any, imposed by this chapter for the taxable year in which the
credit is properly claimed.
(b) In the case of a partnership, S corporation, estate,
or trust, the tax credit allowable is for qualified expenses
incurred by the entity for the taxable year. The expenses upon
which the tax credit is computed shall be determined at the
entity level. Distribution and share of credit shall be
determined by rule.
(c) The cesspool upgrade, conversion, or connection income
tax credit shall be equal to the qualified expenses of the
taxpayer, up to a maximum of $10,000; provided that, in the case
of a qualified cesspool that is a residential large capacity
cesspool, the amount of the credit shall be equal to the
qualified expenses of the taxpayer, up to a maximum of $10,000
Egr residential dwelling connected to the cesspool, as certified
EX the department of health pursuant to subsection (e). There
shall be allowed a maximum of one cesspool upgrade, conversion,
or connection income tax crediggper qualified cesspool. The
cesspool upgrade, conversion, or connection income tax credit
shall be available only for the taxable year in which the
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H.B. No. $3.62
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taxpayer's qualified expenses are certified by the department of
health.
(d) The total amount of tax credits allowed under this
section shall not exceed $ for all taxpayers in any
taxable year; provided that any taxpayer who is not eligible to
claim the credit in a taxable year due to the $ cap
being reached for that taxable year shall be eligible to claim
the credit in the subsequent taxable year.
(e) The dggartment of health shall:
(l) Certify all qualified cesspools for the purposes of
this section;
(2) Collect and maintain a record of allggualified
expenses certified by the department of health for the
taxable year; and
(3) Certify to each taxpayer the amount of credit the
taxpayer may claim; provided that if, in any year, the
annual amount of certified credits reaches
$ in the aggregate, the department of health
shall immediately discontinue certifying credits and
notify the department of taxation.
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The director of health may adopt rules under chapter 91 as
necessary to implement the certification requirements under this
section.
(f) The director of taxation:
(l) Shall prepare any forms that may be necessary to claim
a tax credit under this section;
(2) May require the taxpayer to furnish reasonable
information to ascertain the validity of the claim for
the tax credit made under this section; and
(3) May adopt rules under chapter 91 necessary to
effectuate the purposes of this section.
(g) If the tax credit under this section exceeds the
taxpayer's income tax liability, the excess of the credit over
liability may be used as a credit against the taxpayer's income
tax liability in subsequent years until exhausted. All claims
for the tax credit under this section, including amended claims,
shall be filed on or before the end of the twelfth month
following the close of the taxable year for which the credit may
be claimed. Failure to comply with the foregoing provision
shall constitute a waiver of the right to claim the credit.
(h) As used in this section:
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"Cesspool" has the same meaning as in section 342D—72.
"Qualified cesspool" means a cesspool that is:
(l) Certified by the department of health to be:
(A) Located within a priority level l or 2 area
according to the university of Hawaii's 2022
Hawaii cesspool hazard assessment and
prioritization tool; or
(B) A residential large capacity cesspool; or
(2) Certified by a county or private sewer company to be
appropriate for connection to its existing sewerage
system.
"Qualified expenses" means costs that are necessary and
directly incurred by the taxpayer for upgrading or converting a
ggalified cesspool to a director of health—approved wastewater
gystem, or connecting a qualified cesspool to a sewerage system,
and that are certified as such by the department of health.
"Residential large capacity cesspool" means a cesspool that
is connected to more than one residential dwelling.
"Sewerage system" has the same meaning as in
section 342D-l.
"Wastewater" has the same meaning as in section 342D—l."
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H.B. NO. 333-62
8111
SECTION 13. Section 23—94, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:
u (C)
(1)
(3)
[+4+]
[+5+]
[+6+]
This section shall apply to the following:
Section 235—4.5(a)——Exclusion of intangiblevincome
earned by a trust sited in this State;
Section 235-4.5(b)——EXClusion of intangible income of
a foreign corporation owned by a trust sited in this
State;
Section 235—4.5(c)-—Credit to a resident beneficiary
of a trust for income taxes paid by the trust to
another state;
Section 235- ——Credit for cesspool upgrade,
conversion, or connection;
L_L Sections 235—55 and 235—129——Credit for income
taxes paid by a resident taxpayer to another
jurisdiction;
i_L Section 235—7l(c)——Credit for a regulated
investment company shareholder for the capital gains
tax paid by the company;
All Section 235—llO.6——Credit for fuel taxes paid by
a commercial fisher;
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[+4+] 1_L Section 235—110.93——Credit for important
agricultural land qualified agricultural cost;
[+8+] 1_L Section 235—110.94——Credit for Organically
produced agricultural products;
[+9+] ilgl Section 235—129(b)——Credit to a shareholder of
an S corporation for the shareholder's pro rata share
of the tax credit earned by the S corporation in this
State; and
[+%9+] illL Section 209E—lO--Credit for a qualified business
in an enterprise zone; provided that the review of
this credit pursuant to this part shall be limited in
scope to income tax credits."
SECTION 14. Section 23—95, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:
"(c) This section shall apply to the following:
(l) Section 235—5.5——Deduction for individual housing
account deposit;
(2) Section 235—7(f)——Deduction of property loss due to a
natural disaster;
[+3+ Seeééefi—%35-%GTS——Greéée—éeE—eesspee%—upgraéeT
eenversiefiT—er—eenaeeeéeHT
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+4+] 1_L Section 235—19——Deduction for maintenance of an
exceptional tree;
[+5+] 13L Section 235—55.9l——Credit for the employment of a
vocational rehabilitation referral;
[+6+] 1_L Section 235—llO.2-—Credit for in—kind services
contribution for public school repair and maintenance;
and
[44+] (_) Sections 235-110.8 and 241-4.7——Credit for
ownership of a qualified low-income housing building."
SECTION 15. Section 508D-15, Hawaii Revised Statutes, is
amended to read as follows:
"§508D-15 Notification required; ambiguity. (a) When
residential real property lies:
(1) Within the boundaries of a special flood hazard area
as officially designated on flood maps promulgated by
the National Flood Insurance Program of the Federal
Emergency Management Agency for the purposes of
determining eligibility for emergency flood insurance
programs;
(2) Within the boundaries of the noise exposure area shown
on maps prepared by the department of transportation
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in accordance with Federal Aviation Regulation part
150, Airport Noise Compatibility Planning (l4 C.F.R.
part 150), for any public airport;
(3) Within the boundaries of the Air Installation
Compatible Use Zone of any Air Force, Army, Navy, or
Marine Corps airport as officially designated by
military authorities;
(4) Within the anticipated inundation areas designated on
the department of defense's emergency management
tsunami inundation maps; or
(5) Within the sea level rise exposure area as designated
by the Hawaii climate change mitigation and adaptation
commission or its successor,
subject to the availability of maps that designate the five
areas by tax map key (zone, section, parcel), the seller shall
include the material fact information in the disclosure
statement provided to the buyer subject to this chapter. Each
county shall provide, where available, maps of its jurisdiction
detailing the five designated areas specified in this
subsection. The maps shall identify the properties situated
within the five designated areas by tax map key number (zone,
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section, parcel) and shall be of a size sufficient to provide
information necessary to serve the purposes of this section.
Each county shall provide legible copies of the maps and may
charge a reasonable copying fee.
(b) When it is questionable whether residential real
property lies within any of the designated areas referred to in
subsection (a) due to the inherent ambiguity of boundary lines
drawn on maps of large scale, the ambiguity shall be construed
in favor of the seller; provided that a good faith effort has
been made to determine the applicability of subsection (a) to
the subject real property.
(c) When residential real propergy contains a cesspool and
the cesspool is identified by the maps in the university of
Hawaii 2022 Hawaii cesspool hazard assessment and prioritization
tool, sggject to the availability of the maps, the seller shall
include the material fact information in the disclosure
statement provided to the buyer subject to this chapter. The
maps shall identify the cesspool priority level and the date,
established by law, by which the cesspool is required to be
upgraded or converted to a director of health—approved
wastewater system or connected to a sewerage system.
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Page23 1396
H.B. NO. Hm
SI11
[+e+] i_l Except as required under subsections (a) and
(b), and as required under section 508D—3.5, the seller shall
have no duty to examine any public record when preparing a
disclosure statement."
PART V
SECTION l6. Statutory material to be repealed is bracketed
and stricken. New statutory material is underscored.
SECTION l7. This Act shall take effect on June 30, 3000.
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H.B. No. gig;
Report Title:
Cesspools; Pilot Program; Counties; Priority Area; DOH; Cesspool
Conversion Section; Positions; Income Tax Credit; Real Property;
Mandatory Disclosures; Appropriation
Description:
Part I: Establishes and appropriates funds for a county cesspool
pilot program in Department of Health to work with each county
to identify a priority area to expand the county sewage system
or other centralized treatment system to connect individual
properties in the priority area and reduce or eliminate
cesspools in the identified area. Part II: Creates a cesspool
conversion section in DOH to facilitate the conversion of
cesspools within the State. Establishes and appropriates funds
for positions. Part III: Requires DOH to retain experts to
identify necessary public outreach and education resources and
tools, and develop a comprehensive public outreach strategy and
educate homeowners regarding the State's cesspool upgrade,
conversion, and connection requirements and deadlines. Part IV:
Establishes an income tax credit for the cost of upgrading or
converting a qualified cesspool to a director of health—approved
wastewater system or connecting to a sewerage system. Requires
certain information regarding cesspools on real property to be
included in seller mandatory disclosures for real property
transactions. Effective 6/30/3000. (SDl)
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
2023—2300 HBl396 SDl SMA.dOCX
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