THE SENATE

S.B. NO.

1097

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SEWER SYSTEMS SERVICING ON HAWAIIAN HOME LANDS.

 

 

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

 


     Section 1.  The legislature finds that the sewer transmission lines and other sewerage facilities servicing lots located on Hawaiian home lands are or will be in need of improvement, repair, and maintenance.  Many sewer lines and facilities servicing Hawaiian home lands are further integrated into the counties' overall sewer systems, and transmit sewage from properties located on and off Hawaiian home lands.  The counties also constructed certain sewer systems on Hawaiian home lands, including the sewer system that services Hawaiian home lands lots in Papakolea.

     The legislature also finds that the counties have historically collected and continue to collect sewer fees and other charges from lessees of Hawaiian home lands.

     The legislature further finds that the counties are uniquely positioned to operate, improve, repair, and maintain sewer transmission lines and other sewerage facilities.

     This Act clarifies and confirms the counties' ownership of and obligation to operate, improve, repair, and maintain existing sewer systems servicing Hawaiian home lands that the counties developed, constructed, operated, improved, or maintained, or for which the counties otherwise have existing obligations to operate, improve, repair, or maintain.

     This Act further requires the counties to accept dedication of and responsibility for other sewer systems servicing Hawaiian home lands upon demand by the department of Hawaiian home lands.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-    County ownership of sewer transmission lines and facilities servicing Hawaiian home lands.  (a)  All sewer transmission lines and other sewerage facilities servicing Hawaiian home lands existing on the effective date of this Act, that were developed, constructed, operated, improved, or maintained by the counties, or for which the counties otherwise have existing obligations to operate, improve, repair, or maintain, are confirmed to be owned by the county in which the sewer lines and facilities are located, including those lines and facilities located on Hawaiian home lands.

     (b)  Upon demand by the department of Hawaiian home lands, the counties shall accept dedication and ownership of any and all sewer transmission lines and other sewerage facilities servicing Hawaiian home lands, as may be identified by the department of Hawaiian home lands.

     (c)  The counties shall have the general supervision, charge, and control of, and the duty to operate, improve, repair, and maintain, and shall not abandon or terminate the service of, the sewer transmission lines and other sewerage facilities that are confirmed to be owned by or are dedicated to them under this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Sewer Systems Servicing; Hawaiian Home Lands

 

Description:

Clarifies and confirms counties' ownership of and responsibility for certain existing sewer transmission lines and facilities servicing Hawaiian Home Lands.  Requires the counties to accept dedication of and to own, operate, improve, maintain, and repair certain other sewer transmission lines and other sewerage facilities servicing Hawaiian home lands.

 

 

 

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