Hawaii-2024-SB1466-Amended

SECTION 1. The legislature finds that there are approximately eighty-three thousand cesspools across the State, with 48,596 on Hawaii island, 14,300 on Kauai, 11,038 on Maui, 7,491 on Oahu, and 1,400 on Molokai. Pursuant to Act 125, Session Laws of Hawaii 2017, every cesspool in the State, excluding cesspools granted exemptions by the director of health, must be upgraded or converted to a director of health-approved wastewater system or connected to a sewerage system by January 1, 2050.

Additionally, the legislature also finds that because many cesspools will need to be converted each year, planning and coordination need to occur between state and county agencies, communities and residents affected, and those involved in the replacement of cesspools to ensure an adequate supply of materials, workers, and equipment as demand to convert increases.

The legislature further finds that the counties are responsible for wastewater management and are in the best position to identify priority neighborhoods that are conducive to connection to an existing or proposed wastewater treatment system; conduct necessary public outreach to communicate to affected residents; conduct appropriate feasibility studies; plan, design, and construct wastewater connections and improvements; and implement user connection and monthly billing fees.

As such, the legislature additionally finds that creating a pilot program that provides upfront planning funds might encourage the counties to identify the most feasible neighborhoods to connect to an existing or future wastewater treatment plant, engage communities in the discussion, conduct preliminary engineering, and estimate upfront and ongoing costs. A successful pilot program could provide the necessary data and plans to assist the counties to implement wastewater connections and scale future programs to ensure cesspools are converted by 2050.

Therefore, the purpose of this Act is to:

(1) Establish a pilot program within the environmental management division of the department of health to work with each county to identify a priority area to expand the county sewerage system or other centralized treatment system to connect individual properties in the priority area and reduce or eliminate cesspools in the identified area; and

(2) Appropriate funds to the department of health to provide planning grants to each county for a pilot cesspool conversion project.

SECTION 2. (a) There is established a pilot program within the environmental management division of the department of health to work with the four counties to:

(1) Identify a priority area in each county to expand the county sewerage system or other centralized treatment system to connect individual properties in the priority area and reduce or eliminate cesspools in the identified area;

(2) Meet with appropriate community stakeholders and homeowners to gather input regarding plans for the pilot project;

(3) Conduct planning and design;

(4) Estimate capital and ongoing maintenance costs; and

(5) Equitably allocate the funds available to each county to carry out the pilot project.

(b) Each county shall submit a report on the progress made on priority areas to convert or upgrade cesspools to a director of health-approved wastewater system to the legislature no later than twenty days prior to the convening of the regular sessions of 2024, 2025, and 2026. The report shall include:

(1) The location, costs of the cesspool conversion project, and number of homes or units assisted;

(2) Outreach efforts conducted with community stakeholders and homeowners on the pilot project;

(3) Status of planning and design;

(4) Estimated capital and maintenance expenses and potential sources of revenues to construct projects; and

(5) Recommendations for future priority areas suitable for municipal sewer connections to further eliminate cesspools in their counties.

(d) As used in this section, "cesspool" has the same meaning as in section 342D-72, Hawaii Revised Statutes.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $10,000,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of a pilot program within the environmental management division of the department of health to work with each county to identify a priority area to expand the county sewerage system or other centralized treatment system to connect individual properties in the priority area and reduce or eliminate cesspools in the identified area. The environmental management division of the department of health may obtain contractor support to provide any services required to establish and implement the pilot program.

The sums appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2023.

THE SENATE	S.B. NO.	1466
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII