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HB1921
HOUSE OF REPRESENTATIVES
H.B. NO.
1921
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to cesspools
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that Hawaii continues to face a severe shortage of
safe and affordable housing across all islands.
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As housing costs rise faster than wages, many local families are
responding by doubling up and adding bedrooms to existing homes to accommodate
multigenerational living, prevent displacement, and keep extended family
members together in their communities.
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The legislature further finds that state
and county cesspool conversion and wastewater infrastructure subsidies are
appropriately prioritized in department of health priority level 1 and 2 areas,
where cesspools and other onsite wastewater systems pose the greatest risk to
drinking water sources, surface waters, and coastal ecosystems.
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However, homeowners with cesspools or
individual wastewater systems located in priority level 3 areas often lack
access to comparable subsidies for conversion or upgrade, even though they face
similar housing pressures and may need to add modest bedroom capacity to remain
housed in their communities.
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Since properly designed, sited, and
maintained onsite systems in priority level 3 areas may be further away from
sensitive environmental assets or areas that may directly affect human
well-being, the legislature finds that, to the extent practicable under federal
law, these areas should be afforded exemptions from chapter 11-62-06(m), Hawaii
Administrative Rules, to add bedrooms or make minor expansions to existing
dwellings while meeting applicable state and county environmental and public
health standards.
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Therefore, the purpose of this Act is to
align housing and wastewater policy by allowing reasonable bedroom additions in
priority level 3 areas, to the extent permitted under federal requirements,
without compromising water quality or public health.
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SECTION 2.
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Chapter 342D, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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�342D-
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Existing
cesspools; additional bedrooms; conditions.
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(a)
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Notwithstanding any other law to the
contrary, an existing cesspool that lawfully serves a single dwelling unit on a
tax map key parcel located within a priority level 3 area may continue to be
used to serve that dwelling unit and may also serve additional bedrooms
constructed on the same parcel, whether within the existing dwelling unit or in
a detached structure, if:
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(1)
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The cesspool
was in use before August 30, 1991, or approved prior to March 21, 2016;
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(2)
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The total
number of bedrooms served by the cesspool, including any additional bedrooms
authorized pursuant to this section, does not exceed five;
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(3)
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The cesspool
receives no more than one thousand gallons of wastewater per day, as determined
in accordance with rules adopted by the department; and
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(4)
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No additional
structure that the applicable county land use ordinance classifies as a
separate dwelling unit, accessory dwelling unit, ohana dwelling, or other
residential dwelling unit is connected to the cesspool.
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(b)
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Bedrooms authorized under subsection (a) may be located in a detached
structure on the same parcel; provided that the structure:
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(1)
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Is not
classified by the county as a dwelling unit, accessory dwelling unit, or ohana
dwelling; and
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(2)
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Does not
contain a kitchen, wet bar, or other cooking facilities that would cause the
structure to be classified as a dwelling unit under applicable county
ordinances.
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(c)
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This section shall not be construed to:
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(1)
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Authorize the
construction of any new cesspool;
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(2)
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Extend or
modify the deadline for cesspool conversion established in section 342D-72;
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(3)
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Limit the
authority of the department to require the upgrade or conversion of a cesspool
where necessary to protect water quality or human health; or
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(4)
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Authorize the
operation of a large-capacity cesspool, as that term is used in applicable
federal underground injection control regulations.
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(d)
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The department:
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(1)
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May adopt rules
pursuant to chapter 91 to implement this section; and
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(2)
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May prohibit
the addition of bedrooms under subsection (a) in specific areas where evidence
demonstrates that continued cesspool use is impacting water quality or human
health.
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(e)
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For the purposes of this section,
"priority level 3" means an area designated as priority level 3 by
the most recently published version of the Hawaii cesspool prioritization tool.
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SECTION 3.
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New statutory material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Existing
Cesspools; Additional Bedrooms; Priority Level 3 Area
Description:
Allows an
existing cesspool that lawfully serves a single dwelling unit in a priority
level 3 area to continue serving that dwelling unit and additional bedrooms constructed
on the same parcel, subject to certain conditions.
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Authorizes the Department of Health to adopt
rules and authorizes the restriction of additional bedrooms where continued
cesspool use impacts water quality or human health.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.