HOUSE OF REPRESENTATIVES H.B. NO. 376 THIRTY-THIRD LEGISLATURE, 2025 H.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO CESSPOOLS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
HOUSE OF REPRESENTATIVES H.B. NO. 376
THIRTY-THIRD LEGISLATURE, 2025 H.D. 1
STATE OF HAWAII
HOUSE OF REPRESENTATIVES
H.B. NO.
376
THIRTY-THIRD LEGISLATURE, 2025
H.D. 1
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO CESSPOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 approximately 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, groundwaters, 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 accelerate the deadlines for required upgrades, conversions, or connections of: (1) The 13,821 priority level 1 cesspools in the State to 2035, with certain exceptions; and (2) The 12,367 priority level 2 cesspools in the State to 2040. SECTION 2. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§342D- Cesspools; mandatory upgrade, conversion, or connection; priority level 1; priority level 2. (a) Every cesspool in the State designated as priority level 1 according to the university of Hawaii's Hawaii cesspool prioritization tool shall be: (1) Upgraded or converted to a director-approved wastewater system; or (2) Connected to a sewerage system, before January 1, 2035; provided that priority level 1 cesspools on recreational residence leases within Kokee state park and Waimea canyon state park on the island of Kauai shall be upgraded, converted, or connected before January 1, 2040. (b) Every cesspool in the State designated as priority level 2 according to the university of Hawaii's Hawaii cesspool prioritization tool shall be: (1) Upgraded or converted to a director-approved wastewater system; or (2) Connected to a sewerage system, before January 1, 2040. (c) The director may grant an exemption from the requirements of subsections (a) and (b) to the property owner of a cesspool who applies for an exemption and presents documentation showing a legitimate reason that makes it infeasible to upgrade, convert, or connect the cesspool. 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; (4) Accessibility issues; or (5) A planned development of sewerage upgrades to an area. (d) The department may grant extensions of up to five years at a time from the requirements of subsections (a) and (b) based on 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. (e) 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. (f) As used in this section, "cesspool" has the same meaning as in section 342D-72." SECTION 3. Section 342D-72, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) [Before] Except as otherwise provided in section 342D- , 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." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 3000.
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 approximately 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, groundwaters, 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 accelerate the deadlines for required upgrades, conversions, or connections of:
(1) The 13,821 priority level 1 cesspools in the State to 2035, with certain exceptions; and
(2) The 12,367 priority level 2 cesspools in the State to 2040.
SECTION 2. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342D- Cesspools; mandatory upgrade, conversion, or connection; priority level 1; priority level 2. (a) Every cesspool in the State designated as priority level 1 according to the university of Hawaii's Hawaii cesspool prioritization tool shall be:
(1) Upgraded or converted to a director-approved wastewater system; or
(2) Connected to a sewerage system,
before January 1, 2035; provided that priority level 1 cesspools on recreational residence leases within Kokee state park and Waimea canyon state park on the island of Kauai shall be upgraded, converted, or connected before January 1, 2040.
(b) Every cesspool in the State designated as priority level 2 according to the university of Hawaii's Hawaii cesspool prioritization tool shall be:
(1) Upgraded or converted to a director-approved wastewater system; or
(2) Connected to a sewerage system,
before January 1, 2040.
(c) The director may grant an exemption from the requirements of subsections (a) and (b) to the property owner of a cesspool who applies for an exemption and presents documentation showing a legitimate reason that makes it infeasible to upgrade, convert, or connect the cesspool. 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;
(4) Accessibility issues; or
(5) A planned development of sewerage upgrades to an area.
(d) The department may grant extensions of up to five years at a time from the requirements of subsections (a) and (b) based on 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.
(e) 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.
(f) As used in this section, "cesspool" has the same meaning as in section 342D-72."
SECTION 3. Section 342D-72, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) [Before] Except as otherwise provided in section 342D- , 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."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title: Hawaii State Association of Counties Package; Upgrade, Conversion, or Connection of Cesspools; Accelerated Deadlines Description: Accelerates the deadlines for the required upgrades, conversions, or connections of priority level 1 and priority level 2 cesspools to 2035 and 2040, respectively. Effective 7/1/3000. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
Hawaii State Association of Counties Package; Upgrade, Conversion, or Connection of Cesspools; Accelerated Deadlines
Description:
Accelerates the deadlines for the required upgrades, conversions, or connections of priority level 1 and priority level 2 cesspools to 2035 and 2040, respectively. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.