Bill Text: HI HB735 | 2025 | Regular Session | Introduced
Bill Title: Relating To Wastewater.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Introduced) 2025-01-30 - The committee on EEP recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 5 Ayes: Representative(s) Lowen, Perruso, Kahaloa, Kusch, Quinlan; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Ward. [HB735 Detail]
Download: Hawaii-2025-HB735-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
735 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to wastewater.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that existing administrative rules allow an individual wastewater system to serve no more than five bedrooms, whether the five bedrooms are in one dwelling unit or two dwelling units. However, the definition of a dwelling unit under chapter 62, Hawaii administrative rules, does not clearly consider the varied types of development, such as dwelling units that may have exterior bedrooms without a kitchen or guest houses with a bathroom but without a kitchen. Certain dwelling units may be prohibited from using an individual wastewater system solely because the bedrooms are outside the dwelling unit.
The legislature further finds that through the cooperation of the department of health, university of Hawaii, and cesspool conversion working group, the Hawaii cesspool prioritization tool was developed to consider the risks that cesspools pose and prioritize cesspools based on the urgency to convert the cesspool to a wastewater system or connect the cesspool to a sewer system prior to January 1, 2050, pursuant to section 342D‑72, Hawaii Revised Statutes. Cesspools found in priority level 1 areas have the greatest potential to impact human health and the environment, cesspools in priority level 2 areas rank behind those in priority level 1 areas but still pose a significant hazard to human health and the environment, and cesspools in priority level 3 areas still have an impact on human health and the environment but may be further away from sensitive natural resources or areas that may directly impact human health. Although cesspools in priority level 3 areas will still have to undergo upgrades prior to January 1, 2050, new buildings in certain priority level 3 areas should not be prohibited from using cesspools if those cesspools do not have an impact on water resources.
The purpose of this Act is to:
(1) Allow an individual wastewater system to serve up to five bedrooms, regardless of the number of dwelling units or accessory units, whether attached or detached; and
(2) Temporarily permit certain new buildings constructed within a priority level 3 area, as designated by the Hawaii cesspool prioritization tool, that contains up to five bedrooms to be served by an existing cesspool.
SECTION 2. Chapter 342D, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§342D-A Individual
wastewater system; dwelling units. An individual wastewater system may serve up
to five bedrooms, regardless of the number of dwelling units or accessory units
as defined by the counties, whether attached or detached.
§342D-B Cesspools; new buildings; construction. (a) Except as provided in
subsection (b), any new building constructed within a priority level 3
area that contains up to five bedrooms may be served by an existing cesspool;
provided that the cesspool shall serve no more than five bedrooms and shall receive
no more than one thousand gallons of wastewater per day.
(b) The
department shall develop rules pursuant to chapter 91 to prohibit the
permitting and construction of new buildings in certain priority level 3
areas if evidence is produced to show that cesspools in priority level 3
areas are impacting water quality.
(c)
For the purposes of this section, "priority level 3 area"
means an area designated as priority level 3 by the most recently
published version of the Hawaii cesspool prioritization tool."
SECTION 3. In codifying the new sections added by section 2 and referenced in sections 2 and 5 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 upon its approval; provided that section 342D-B, Hawaii Revised Statutes, established by section 2 of this Act, shall be repealed on June 30, 2030.
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INTRODUCED BY: |
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Report Title:
Individual Wastewater Systems; Dwelling Units; Accessory Units; Cesspools; New Construction
Description:
Allows an individual wastewater system to serve up to five bedrooms, regardless of the number of dwelling units or accessory units, whether attached or detached. Permits, until 6/30/2030, certain new buildings constructed within a priority level 3 area, as designated by the Hawaii cesspool prioritization tool, that contain up to five bedrooms to be served by an existing cesspool.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
