HomeMy WebLinkAboutCOH Bill Package - Cesspool Conversion Bill (Deadlines for Priority Classes) FINAL (1)Page 1
__.B. NO. _____
BILL FOR AN ACT
RELATING TO CESSPOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The legislature finds that Act 125, Session
2
3 connection of all cesspools statewide by 2050. Act 120, Session
4
5 classifications and accelerated timelines for Priority 1 and
6 Priority 2 cesspools.
7 The legislature further finds that counties and homeowners
8 face substantial financial, workforce, and infrastructure
9 limitations that make the current accelerated deadlines
10 unattainable. A revised, phased timeline will allow the State
11 and counties to address the highest-risk cesspools first while
12 allowing adequate time for planning and funding of long-term
13 wastewater solutions.
14 The purpose of this Act is to amend the deadlines for
15 cesspool priority classes, extending the Priority 1 deadline to
16 2050, and phasing Priority 2 and Priority 3 conversions in later
17 years.
Page 2
__.B. NO. _____
1 SECTION 2. Section 342D-72, Hawaii Revised Statutes, is
2 amended to read as follows:
3 £342D-72 Cesspools; mandatory upgrade, conversion, or
4 connection. (a) \[Before January 1, 2050\] In accordance with the
5 phased schedule established in this section, every cesspool in
6 the State, excluding cesspools granted exemptions by the
7 director of health pursuant to subsection (b), shall be:
8 (1) Upgraded or converted to a director-approved
9 wastewater system; or
10 (2) Connected to a sewerage system.
11 (b) The director of health may grant exemptions from the
12 requirements of subsection (a) to property owners of
13 cesspools that apply for an exemption and present
14 documentation showing a legitimate reason that makes it
15 infeasible to upgrade, convert, or connect the cesspools.
16 For the purposes of this subsection, a legitimate reason
17 shall include but not be limited to:
18 (1) Small lot size;
19 (2) Steep topography;
20 (3) Poor soils; or
21 (4) Accessibility issues.
22 (b) As used in this section, "cesspool" means an
23 individual wastewater system consisting of an excavation in the
Page 3
__.B. NO. _____
1 ground whose depth is greater than its widest surface dimension,
2 that receives untreated wastewater, and retains or is designed
3 to retain the organic matter and solids discharged into it, but
4 permits the liquid to seep through its bottom or sides to gain
5 access to the underground geographic formation.
6 (d) The director of health, in consultation with the
7 counties, shall classify all cesspools in the State
8 into one of the following priority classifications:
9 (1) Priority 1 cesspools shall include cesspools located
10 within the Special Management Area established by the
11
12 Statutes.
13 (2) Priority 2 cesspools shall include those cesspools
14 located in drinking water recharge areas, sensitive
15 aquifer zones, and areas affecting public water
16 systems.
17 (3) Priority 3 cesspools shall include cesspools located
18 outside the Special Management Area but within one-
19 quarter mile of the inland boundary of the Special
20 Management Area.
21 (4) Priority 4 cesspools shall include all cesspools that
22 do not fall into any of the preceding categories.
23 (e) The phased schedule is as follows:
Page 4
__.B. NO. _____
1 (1) Priority 1 cesspools, no later than December 31, 2050.
2 (2) Priority 2 cesspools, no later than December 31, 2060.
3 (3) Priority 3 cesspools, no later than December 31, 2070.
4 (4) Priority 4 cesspools, no later than December 31, 2080.
5 (f) Rulemaking. The department of health shall adopt
6 rules to:
7 (1) Define geographic boundaries for priority
8 classifications.
9 (2) Maintain and update the cesspool priority
10 classification list.
11 (g) Financial assistance. The department shall develop
12 and administer expanded grants, tax credits, and low-
13 interest loan programs to support homeowners, with
14 priority given to lower-income households and Priority
15 1 areas. The department shall coordinate with
16 counties to align wastewater infrastructure
17 investments with the phased schedule.
18 (h) Reporting. The department shall submit an annual
19
20 twenty days prior to the convening of each regular
21 session, detailing progress, funding needs,
22 challenges, and any recommended amendments.
Page 5
__.B. NO. _____
1 SECTION 3. Statutory material to be repealed is bracketed
2 and stricken. New statutory material is underscored.
3 SECTION 4. This Act shall take effect on July 1, 2026.