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HB2060
HOUSE OF REPRESENTATIVES
H.B. NO.
2060
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 Act 125, Session
Laws of Hawaii 2017, requires the upgrade, conversion, or connection to a sewer
system of all cesspools statewide by 2050.
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Act 153, Session Laws of Hawaii 2022, subsequently recognized the classifications
of priority 1, priority 2, and priority 3 cesspools identified by the
university of Hawaii's 2021 Hawaii cesspool hazard assessment and prioritization
tool.
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The legislature further finds that
counties and homeowners face substantial financial, workforce, and
infrastructure limitations that make the current deadline unattainable.
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A revised, phased timeline will allow the
State and counties to address the highest-risk cesspools first while allowing
adequate time for planning and funding of long-term wastewater solutions.
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The purpose of this Act is to amend
the deadlines for the upgrade, conversion, or connection of cesspools by priority
classes, establishing December 31, 2050, as the date by which priority 1 cesspools
must be upgraded, converted, or connected, and phasing the deadlines for lower priority
cesspools in later years.
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SECTION
2
.
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Section
342D-72, Hawaii Revised Statutes, is amended to read as follows:
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"
�342D-72
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Cesspools;
mandatory upgrade, conversion, or connection.
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(a)
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[
Before
January 1, 2050, every
]
Every
cesspool in the State, excluding
cesspools granted exemptions by the director of health pursuant to subsection
(b), shall be:
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(1)
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Upgraded or
converted to a director-approved wastewater system; or
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(2)
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Connected to a
sewerage system[
.
]
,
in
accordance with the phased schedule in subsection (d).
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(b)
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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.
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For the purposes of this subsection, a legitimate reason shall include
but not be limited to:
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(1)
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Small lot size;
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(2)
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Steep topography;
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(3)
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Poor soils; or
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(4)
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Accessibility
issues.
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(c)
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The director, in consultation with the counties, shall classify all
cesspools in the State into one of the following priority classifications:
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(1)
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Priority 1
cesspools shall include cesspools located within the special management area
established by the counties pursuant to chapter 205A;
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(2)
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Priority 2
cesspools shall include those cesspools located in drinking water recharge
areas, sensitive aquifer zones, and areas affecting public water systems;
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(3)
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Priority 3
cesspools shall include cesspools located outside of the special management
area pursuant to chapter 205A, but within one-quarter mile of the inland
boundary of the special management area; and
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(4)
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Priority 4
cesspools shall include all cesspools that do not fall into any of the
preceding categories.
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(d)
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The phased schedule shall be as follows:
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(1)
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Priority 1
cesspools shall comply with subsection (a) no later than December 31, 2050;
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(2)
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Priority 2
cesspools shall comply with subsection (a) no later than December 31, 2060;
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(3)
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Priority 3
cesspools shall comply with subsection (a) no later than December 31, 2070; and
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(4)
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Priority 4
cesspools shall comply with subsection (a) no later than December 31, 2080.
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(e)
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The department shall adopt rules pursuant to chapter 91 to:
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(1)
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Define
geographic boundaries for priority classifications; and
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(2)
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Maintain and
update the cesspool priority classification list.
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(f)
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The department shall develop and administer expanded grants, tax
credits, and low-interest loan programs to support homeowners, with priority
given to lower-income households and the upgrade, conversion, or connection of
priority 1 cesspools.
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The department
shall coordinate with the counties to align wastewater infrastructure
investments with the phased schedule.
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(g)
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No later than twenty days prior to the convening of each regular
session, the department shall submit an annual report to the legislature that includes:
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(1)
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The State's
progress in meeting the requirements of this section;
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(2)
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Funding requirements;
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(3)
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Any challenges
encountered; and
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(4)
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Any recommended
amendments to the programs authorized by this section, including any proposed
legislation.
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[
(c)
]
(h)
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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."
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SECTION
3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 4.
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This Act shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
By Request
Report Title:
County of
Hawaii Mayor's Office Package; Department of Health; Counties; Cesspools;
Conversion; Connection; Priorities; Deadlines
Description:
Amends
the deadlines for the upgrade or conversion of cesspools to Director of
Health-approved wastewater system or connection of cesspools to a sewerage
system.
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Requires priority 1 cesspools to
be upgraded, converted, or connected by 12/31/2050, and phases the deadlines
for lower priority cesspools in later years.
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Requires the Director of Health, in consultation with the counties, to determine
the prioritization level of all cesspools in the State.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.