HOUSE OF REPRESENTATIVES

H.B. NO.

866

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 2

STATE OF HAWAII

S.D. 1

 

 

 

 

 

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 on the island of Oahu.

In the past, the sewer systems servicing Hawaiian home lands that were constructed by the department of Hawaiian home lands have been licensed to the counties. In these cases, the relevant county reviewed the plans for the systems, inspected construction of the systems, and gave final approval for the systems prior to accepting the responsibility to operate, improve, repair, and maintain the systems.

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, maintain, and replace sewer transmission lines and other sewerage facilities.

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

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

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 obligations to operate, improve, repair, maintain, or replace, are confirmed to be owned by the county in which the sewer lines and facilities, including those lines and facilities located on Hawaiian home lands, are located.

(b) Upon demand by the department of Hawaiian home lands, the counties shall accept the license or dedication and ownership of any and all sewer transmission lines and other sewerage facilities servicing Hawaiian home lands and not subject to subsection (a), as may be identified by the department of Hawaiian home lands; provided that:

(1) Any sewer lines or other sewerage facilities not subject to subsection (a) and existing before the effective date of this Act that the counties establish are not in substantial compliance with environmental laws and regulations pertaining to the dedication or license of the sewers to the counties at the time of construction shall be brought into compliance with those laws and regulations prior to acceptance by the counties; and

(2) Sewer transmission lines and other sewerage facilities completed after the effective date of this Act shall comply with all applicable federal, state, and county environmental, design, and construction requirements prior to acceptance by the counties.

(c) The counties shall have the general supervision, charge, and control of, and the duty to operate, improve, repair, maintain, and replace, 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 licensed or dedicated to them under this section without approval of the department of Hawaiian home lands; provided that approval shall not be unreasonably withheld if abandonment or termination is necessary. If sewer transmission lines or other sewerage facilities are abandoned or terminated, the counties shall make alternate sewer transmission lines and other facilities available to service the affected Hawaiian home lands."

SECTION 3. The revisor of statutes shall insert the appropriate effective date of this Act in section 2 of this Act.

SECTION 4. New statutory material is underscored.


SECTION 5. This Act shall take effect on July 1, 2020.



 

Report Title:

Sewer Systems Servicing; Hawaiian Home Lands

 

Description:

Clarifies counties' ownership of and responsibility for certain existing sewer systems and facilities servicing Hawaiian Home Lands. Requires the counties to accept dedication or license of and responsibility for certain other sewer systems and facilities servicing Hawaiian Home Lands. Effective July 1, 2020. (SD1)

 

 

 

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