RELATING TO CESSPOOLS.

HB1985

HOUSE OF REPRESENTATIVES

H.B. NO.

1985

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:

PART I

����
SECTION
1.
�
The legislature finds that the health
of Hawaii's people and quality of Hawaii's waters are being harmed by pollution
from cesspools.
�
Hawaii has more than
eighty thousand cesspools that discharge about fifty million gallons of
wastewater into the State's groundwater every day.
�
Cesspools are antiquated, substandard systems
that damage public health; pollute drinking water; and lower water quality in
streams, ground waters, nearshore marine areas, and the ocean.
�
Cesspool pollution also harms public recreation
and the precious coral reefs on which Hawaii's economy, shoreline, fisheries,
and native species depend.

����
The
purpose of this Act is to:

����
(1)
�
Allow certain extensions of the deadline for
cesspool conversions; and

����
(2)
�
Authorize and appropriate funds to the
department of health to retain qualified consultants as necessary to identify
necessary public outreach and education resources and tools and develop a
comprehensive public outreach strategy and website to serve as a statewide
clearinghouse for information and resources for homeowners and wastewater
industry professionals related to cesspool upgrade, conversion, and connection.

PART II

����
SECTION
2
.
�
Section 342D-72, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�342D-72
�
Cesspools;
mandatory upgrade, conversion, or connection.
�
(a)
�

Before January 1, 2050, every cesspool in the State, excluding cesspools
granted exemptions by the director of health pursuant to subsection (b), shall
be:

����
(1)
�
Upgraded or
converted to a director-approved wastewater system; or

����
(2)
�
Connected to a
sewerage system.

����
(b)
�

The director of health may grant exemptions from the requirements of
subsection (a) to property owners of cesspools that apply for an exemption and
present documentation showing a legitimate reason that makes it infeasible to
upgrade, convert, or connect the cesspools.
�

For the purposes of this subsection, a legitimate reason shall include
but not be limited to:

����
(1)
�
Small lot size;

����
(2)
�
Steep topography;

����
(3)
�
Poor soils[
; or
]

����
(4)
�
Accessibility
issues[
.
]
; or

����
(5)
�
A planned development of sewerage upgrades
to an area.

����
(c)
�
The department may grant extensions of up to
five years

at a time of the deadline under
subsection (a) based on a demonstration of financial inability to pay for or
finance a cesspool upgrade, conversion, or connection; provided that the
department of health may adopt rules pursuant to chapter 91 necessary to
effectuate the purposes of this subsection.

����
(d)
�
Notwithstanding any law to the contrary, no
penalty or other assessment for any violation of this section shall constitute
a lien on the real property.
�

Notwithstanding any law to the contrary, no seizure of real property
shall be authorized for any violation of this section.

����
[
(c)
]
(e)
�
As used in this section, "cesspool"
means an individual wastewater system consisting of an excavation in the ground
whose depth is greater than its widest surface dimension, that receives
untreated wastewater, and retains or is designed to retain the organic matter
and solids discharged into it, but permits the liquid to seep through its
bottom or sides to gain access to the underground geographic formation."

PART III

����
SECTION
3
.
�
Section 342D-59, Hawaii Revised Statutes, is
amended to read as follows:

����
"
[
[
]�342D-59[
]
]
�
Research, educational, and training programs.
�
The director may:

����
(1)
�
Conduct and supervise research programs for
the purpose of determining the causes, effects, and hazards of water pollution,
the quality of the receiving water and the means to monitor the quality of
water, or to effect the proper disposal of sewage, drainage, and waste;

����
(2)
�
With the approval of the governor, cooperate
with, and receive money from the federal government, or any political
subdivision of the State or from private sources for the study and control of
water pollution; [
and
]

����
(3)
�
Conduct and supervise state educational and
training programs on water pollution prevention, control, and abatement,
including the preparation and distribution of information relating to water
pollution[
.
]
; and

����
(4)
�
In consultation with counties, nonprofit
organizations, and wastewater industry professionals:

���������
(A)
�
Identify necessary resources and tools for
public outreach and education, including necessary funding and timelines, to
meet the requirements of section 342D-72;

���������
(B)
�
Develop a comprehensive public outreach
strategy for the State and counties to educate homeowners on cesspool upgrade,
conversion, and connection options and resources; and

���������
(C)
�
Develop a website to serve as a statewide
clearinghouse for information and resources for homeowners and wastewater
industry professionals about resources, priority level maps, cesspool impacts,
financing options, exemptions, county plans, and any other relevant information.
"

����
SECTION
4.
�
Notwithstanding section 342D-83,
Hawaii Revised Statutes, or any other law to the contrary, there is
appropriated out of the water pollution control revolving fund the sum of
$ or so much
thereof as may be necessary for fiscal year 2026-2027 for the department of
health to retain qualified consultants, as necessary, to identify necessary
public outreach and education resources and tools, and develop a comprehensive
public outreach strategy and website to provide necessary information to
homeowners and wastewater industry professionals about information and
resources regarding the State's cesspool upgrade, conversion, and connection
requirements and deadlines.

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

PART IV

����
SECTION
5.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 6.
�
This Act shall take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

Cesspools;
Mandatory Upgrade, Conversion, or Connection; Extensions; Public Outreach and
Education; Appropriation

Description:

PART
II:
�
Allows certain extensions of the
deadline for cesspool conversions.
�
PART
III:
�
Authorizes and appropriates funds
to the Department of Health to retain qualified consultants as necessary to
identify necessary public outreach and education resources and tools and
develop a comprehensive public outreach strategy and website to educate
homeowners and wastewater industry professionals about information and
resources regarding the State's cesspool upgrade, conversion, and connection
requirements and deadlines.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.