HOUSE OF REPRESENTATIVES

H.B. NO.

1244

TWENTY-NINTH LEGISLATURE, 2017

H.D. 1

STATE OF HAWAII

S.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CESSPOOLS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 342D, Hawaii Revised Statutes, is amended by adding two new sections to part IV to be appropriately designated and to read as follows:

     "§342D-A  Cesspools; mandatory upgrade, conversion, or connection.  (a)  Prior to 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 septic system or aerobic treatment unit 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.

     (c)  As used in this section:

     "Aerobic treatment unit system" means an individual wastewater system that consists of an aerobic treatment unit tank, aeration device, piping, and a discharge method that is in accordance with rules adopted by the department relating to household aerobic units.

     "Cesspool" means an individual wastewater system consisting of an excavation in the ground whose depth is greater than its widest surface dimension, which 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.

     "Septic system" means an individual wastewater system that typically consists of a septic tank, piping, and a drainage field where there is natural biological decontamination as wastewater discharged into the system is filtered through soil.

     §342D-B  Cesspool compliance grant program.  (a)  There is established in the department the cesspool compliance grant program to assist homeowners in meeting the costs of:

     (1)  Upgrading or converting a cesspool to a septic system or aerobic treatment unit system; or

     (2)  Connecting a cesspool to a sewerage system,

in compliance with section 342D-A.

     (b)  No grant under this section shall be awarded to a homeowner who is:

     (1)  A taxpayer filing a single return or a married person filing separately with a federal adjusted gross income of $           or more;

     (2)  A taxpayer filing as a head of household with a federal adjusted gross income of $           or more; or

     (3)  A taxpayer filing a joint return or as a surviving spouse with a federal adjusted gross income of $           or more.

     (c)  The department shall adopt rules to carry out the purposes of the grant program.  Rules adopted pursuant to this section shall include a method of calculating a sliding scale grant amount based on the federal adjusted gross income of the homeowner."

     SECTION 2.  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 2017-2018 for deposit into the water pollution control revolving fund.

     SECTION 3.  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 2017-2018 to implement the cesspool compliance grant program.

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

     SECTION 4.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Cesspools; Upgrade, Conversion, or Connection; Grant; Appropriation

 

Description:

Requires upgrade, conversion, or connection to the sewer system of all cesspools in the State before 2050 unless exempted by the director of health.  Establishes a grant program to mitigate costs.  Appropriates funds for the grant program.  Effective 7/1/2050.  (SD2)

 

 

 

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