HOUSE OF REPRESENTATIVES |
H.B. NO. |
2626 |
TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to cesspools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Chapter 342D, Hawaii Revised Statutes, is amended by adding two new sections to part IV to be appropriately designated and to read as follows:
"§342D-A Advisory council; cesspool conversion. (a)
The cesspool conversion advisory council is established and shall be
attached to the department of health for administrative purposes only. The advisory council shall investigate issues
relating to the upgrade or conversion of a cesspool to a septic system or
aerobic treatment unit system, or the connection of cesspools to a sewerage
system or other approved wastewater treatment system (to be referred to
collectively as "cesspool conversion"), as required by January 1,
2050, pursuant to Act 125, Session Laws of Hawaii 2017 (Act 125). Specifically, the advisory council shall:
(1) Develop
criteria to prioritize the conversion of cesspools, based on the severity of
risk of adverse human health or environmental impacts, including impacts to
drinking water, groundwater, coastal water, and coral reef ecosystems;
(2) Identify areas
where data is insufficient to determine a priority classification of cesspools
for conversion and determine methods and resources needed to obtain and collect
the data; and
(3) Develop a long-range
comprehensive plan for cesspool conversion statewide to be known as the cesspool
conversion plan.
(b) The cesspool conversion advisory council
shall develop a long-range comprehensive plan for cesspool conversion statewide
to be known as the cesspool conversion plan which may include any combination
of the following:
(1) Grant programs;
(2) Loan programs;
(3) Tax credits;
(4) Fees;
(5) Special
assessment districts;
(6) Requirements
for conversion at point of sale; or
(7) Other appropriate
mechanisms for accomplishing and funding cesspool conversions.
(c) In developing the cesspool conversion plan, the advisory council shall consider:
(1) A timeline for
cesspool conversion and determine whether conversion of the highest priority
cesspools should take place prior to January 1, 2050;
(2) Granting
exemptions from mandatory conversion based upon geology, topography, soil type,
availability of land, or other relevant factors;
(3) Alternative
wastewater technologies, such as gray water systems, constructed wetlands, and
other available technologies, and how these technologies can be incorporated
into part of the long-term solution to wastewater treatment issues;
(4) Measures
to encourage and stimulate research and innovation for new wastewater
technologies, including systems that treat waste not only for bacteria but also
remove nutrients and contaminants that impact the environment;
(5) Best
practices in other jurisdictions;
(6) The
ability of homeowners to pay for cesspool conversions and mechanisms to provide
financial assistance to lower-income homeowners; and
(7) Sources
of funding for the cesspool conversion plan, including state and county funds,
federal grants or loans, fees, real property taxes, the creation of special
assessment districts, and any combination of funding sources that will best
facilitate cesspool conversion by January 1, 2050, as required under Act 125.
(d) The advisory council shall complete the
cesspool conversion plan by December 31, 2019.
If the department approves of the plan, the advisory council shall:
(1) Monitor its
implementation and report its findings to the department; and
(2) Recommend any necessary rule changes
to the director of health and any necessary statutory changes to the
legislature.
(e) The advisory council shall consist of the
following ex officio members:
(1) The
deputy director for the department of health, environmental health
administration, or the deputy director's designee, who shall serve as the chair
of the advisory council;
(2) The city and
county of Honolulu director of environmental services or designee;
(3) The county of
Hawaii director of environmental management or designee;
(4) The county of
Kauai county engineer or designee;
(5) The county of
Maui director of environmental management or designee; and
(6) A county
director of finance, who shall be appointed by the Hawaii Council of Mayors.
(f) In addition to the ex officio members
described in subsection (e), the chair of the advisory council shall appoint
the following persons as members of the advisory council:
(1) A
representative from the clean water branch of the department of health,
environmental health administration, environmental management division;
(2) A
representative from the department of land and natural resources, aquatic
resources division;
(3) A
representative from the University of Hawaii at Manoa, Hawaii institute of
marine biology; and
(4) A wastewater
industry expert, who shall serve as vice-chair of the advisory council.
(g) Advisory council members may recommend
additional members with appropriate specialized expertise to the advisory
council, for approval by the chair.
(h) The advisory council may contract for
research services, without regard to chapter 103D, Hawaii Revised Statutes,
that are necessary for the advisory council to carry out its duties under this section.
(i) Members of the advisory council shall be
exempt from section 26-34 and shall serve without compensation, but shall be
reimbursed for reasonable expenses necessary for the performance of their
duties, including travel expenses.
(j) The advisory council may hold informational
briefings or public meetings in each county, as deemed necessary, to gather
input from the public on issues related to cesspool conversion.
(k) The advisory council shall submit annual reports,
including any proposed legislation, to the legislature no later than twenty
days prior to the convening of each regular session, beginning with the regular
session of 2019.
(l) The department of health shall provide
administrative and clerical support required by the advisory council.
§342D-B Cesspool
compliance pilot grant project. (a) There is established in the department the
cesspool compliance pilot grant project to assist owners of real property with
a cesspool that the department has assigned to priority level one in the department's
December 2017 report to the legislature relating to cesspools and
prioritization for replacement, which was prepared in response to Act 125, Session
Laws of Hawaii 2017 (cesspools report). Specifically,
the pilot project will assist the owners in meeting the costs of:
(1) Upgrading or
converting a cesspool to a septic system, aerobic treatment unit system, or
other advanced treatment system approved by the department; or
(2) Connecting a
cesspool to a sewerage system.
(b) The department shall not grant awards to any owner
of real property with a cesspool unless the department has assigned the cesspool to priority level one
in the department's cesspools report.
(c)
No grant under this section shall be awarded to a property owner of a
cesspool who is:
(1) A taxpayer
filing a single return or a married person filing separately with a Hawaii
adjusted gross income of $ or more;
(2) A taxpayer
filing as a head of household with a Hawaii adjusted gross income of $
or more; or
(3) A taxpayer
filing a joint return or as a surviving spouse with a Hawaii adjusted gross
income of $ or more.
(d)
The department shall adopt rules as necessary to carry out the pilot grant
project; provided that the rules shall include a method of calculating a
sliding scale grant amount based upon the Hawaii adjusted gross income of the
owner of the property with a cesspool.
(e)
The department shall terminate the pilot grant project when:
(1) The cesspool
advisory council submits its cesspool conversion plan pursuant to section 342D-A(d);
or
(2) The department
adopts a new project or program that is based upon the recommendations of the
cesspool advisory council,
whichever occurs first."
PART II
SECTION 2. 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 2018-2019 for the operational costs of the advisory council established under section 1 of this Act, including the procuring of a contract for any necessary research services.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
PART III
SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2018.
INTRODUCED
BY: |
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Report Title:
Cesspool Compliance; Advisory Council; Cesspool Conversion Plan; Pilot Grant Project; Appropriation
Description:
Implements Act 125, SLH 2017, by: (1) establishing an advisory council to study issues relating to cesspool conversion; (2) requiring the advisory council to develop a long-range comprehensive plan for cesspool conversion statewide; and (3) creating a pilot grant project for cesspool owners. Appropriates moneys.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.