HOUSE OF REPRESENTATIVES

H.B. NO.

2626

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

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:

_____________________________

 

 


 


 

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.

 

 

 

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