RELATING TO WASTEWATER SYSTEMS.

SB2980

THE SENATE

S.B. NO.

2980

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to wastewater systems
.

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 additional
resources are needed to help governments and homeowners address Hawaii's
cesspool pollution problem.
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Existing law
requires that all cesspools be converted by 2050.
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However, these much needed conversions must
be affordable for homeowners and government entities.

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The legislature
further finds that the health of Hawaii's people and the quality of Hawaii's
waters are being harmed by pollution from individual wastewater systems,
especially cesspools.
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Cesspools are
antiquated, substandard systems that damage public health, pollute drinking
water, and lower water quality in streams, groundwater, nearshore marine areas,
and the ocean.
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Hawaii has more than
eighty thousand cesspools that discharge about fifty million gallons of
wastewater into the State's groundwater every day.
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Cesspool pollution also harms public
recreation and the precious coral reefs on which the State's economy,
shoreline, fisheries, and native species depend.
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Wastewater systems release over three
thousand tons of nutrients per year, which fertilize algae that can smother
coral reefs.
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Maintaining the cleanliness
of the State's waters falls under the State's obligation to protect, control,
and regulate the use of Hawaii's water resources for the benefit of its people
and the legislature's obligation to provide for a water resources agency that
shall, among other things, set overall water quality and use policies and
protect ground and surface water resources and watersheds, pursuant to article
XI, section 7, of the Hawaii State Constitution.

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The
legislature also finds that to protect the public health and environment,
including coral reefs, cesspools should be replaced by connections to sewerage
systems or, in areas that are too remote to be feasibly connected, upgraded
either with individual on-site wastewater disposal systems or cluster
wastewater treatment systems.
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Upgrading
cesspools will benefit public health, water quality, and coral reefs and enhance
the State's economy by providing better visitor experience and stimulating new
green jobs related to the installation of wastewater systems.
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Protecting the State's coral reefs also will
benefit fisheries and protect shoreline properties from erosion.
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The United States Geological Survey estimates
that coral reefs in Hawaii provide flood protection benefits to Hawaii
residents and $836,000,000 annually in averted damages to property and economic
activity.

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To address
the State's cesspool pollution, Act 125, Session Laws of Hawaii 2017, and Act
87, Session Laws of Hawaii 2022, require all cesspools to be upgraded or
converted to a director-approved wastewater system or connected to a sewerage
system before January 1, 2050, with certain exemptions.
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Although more than three thousand three
hundred cesspools need to be upgraded per year on average to meet the 2050
mandate, currently less than four hundred cesspools per year are being
upgraded.

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In Act
217, Session Laws of Hawaii 2024, the legislature appropriated funds for the
university of Hawaii water resource research center to prepare an overlay of
sewers and cesspools and in Act 198, Session Laws of Hawaii 2025, the
legislature established a three-year new wastewater system and individual
wastewater system technology testing pilot program.
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These acts are intended to help the counties
plan for sewer expansion cesspool upgrades and help the director of health expedite
approval of new wastewater technologies in the near term.
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However, the cesspool upgrade effort will also
need additional strategic planning and resources for the long term.

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The
legislature further finds that, given the scope of Hawaii's cesspool pollution
problem, the department of health needs additional support and resources to
help implement the program of cesspool upgrades, including:

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(1)
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Advice from a committee of technical advisers
to help determine the best, most affordable solutions;

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(2)
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Advice in revising existing administrative
rules, which were adopted a decade ago and may exclude some feasible,
affordable solutions; and

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(3)
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Additional department personnel to focus
solely on cesspool upgrades.

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Additionally,
the legislature finds that the department of health should examine rules and
policies adopted in other states as models to find more affordable means of
improving public health and the environment without compromising water quality.
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For example, the department of health's
current administrative rules require an individual wastewater system to be
designed assuming a home produces two hundred gallons of wastewater per day per
bedroom, whereas many other states use a lower number.
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This requirement tends to result in larger,
more expensive individual wastewater systems in Hawaii.
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Identifying ways to reduce excavation, which
is a major cost of installing an individual waste system given the State's
geology, could reduce costs.
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Additionally, treating wastewater adequately before disposing of it
through an existing cesspool could improve water quality while reducing costs.

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Accordingly,
the purpose of this Act is to:

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(1)
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Establish a wastewater technical advisory
group to advise the department of health in its review of rules and practices
for cesspools and wastewater systems;

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(2)
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Require the department of health, in
consultation with the wastewater technical advisory group, to propose changes
for administrative rules and practices to make wastewater systems and cesspool
upgrades and conversions more affordable without compromising water quality;

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(3)
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Establish positions within the department of
health to begin staffing a new branch focused on implementing the cesspool
compliance program and related activities; and

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(4)
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Appropriate funds.

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SECTION 2.
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(a)
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There is established a wastewater technical
advisory group to assist the department of health in reviewing administrative
rules and practices for cesspools and wastewater systems.
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The wastewater technical advisory group shall
consist of members selected by the director of health, unless otherwise
specified, from various backgrounds with knowledge of wastewater technologies
and systems and include but not be limited to:

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(1)
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Two individuals who have worked as professors
at universities who have knowledge and experience with wastewater issues in
Hawaii and nationally;

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(2)
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Two county government officials selected by
the Hawaii State Association of Counties who have knowledge and experience with
Hawaii's wastewater issues;

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(3)
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Two wastewater industry professionals in
Hawaii with knowledge and experience in wastewater systems and individual
wastewater systems technologies;

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(4)
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Three individuals who helped develop the Hawai
ʻ
i cesspool
prioritization tool;

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(5)
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Three individuals from non-profit groups with
knowledge of wastewater issues in Hawaii;

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(6)
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One individual from the department of Hawaiian
home lands; and

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(7)
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One individual with knowledge about
alternative wastewater technology systems in other states.

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(b)
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The department of health, in consultation
with the wastewater technical advisory group, shall review its administrative
rules and practices and propose changes that have the potential to make
wastewater systems and cesspool upgrades more affordable without compromising
water quality.

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(c)
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The department of health may adopt rules
pursuant to chapter 91, Hawaii Revised Statutes, for the purposes of this Act.

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(d)
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The department of health shall submit a
report of its findings and recommendations, including any proposed legislation,
to the legislature no later than twenty days prior to the convening of the
regular session of 2028.

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(e)
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The wastewater technical advisory group shall
dissolve on June 30, 2028.

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SECTION
3.
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There is appropriated out of the
general revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2026-2027 for the establishment of
the following positions focused on achieving cesspool upgrades within a branch
of the department of health:

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(1)
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One full-time equivalent (1.0 FTE) permanent
program specialist V position; and

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(2)
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One full-time equivalent (1.0 FTE) permanent
planner IV position.

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

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SECTION
4.
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There is appropriated out of the
general revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2026-2027 to hire a consultant to
assist the wastewater technical advisory group in advising the department of
health on changes to the department's administrative rules and policies that
have the potential to make wastewater systems and cesspool upgrades more
affordable without compromising water quality.

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

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SECTION 5.
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This Act shall take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

DOH;
Wastewater Technical Advisory Group; Cesspools; Administrative Rules;
Appropriation

Description:

Establishes
a Wastewater Technical Advisory Group to assist the Department of Health in a
review of the Department's administrative rules and practices regarding
wastewater systems and cesspools and in the development of proposed changes to
make cesspool conversions more affordable.
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Requires report to the Legislature.
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Appropriates funds for positions and
hiring of a consultant to
assist the
Wastewater
Technical Advisory Group.

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