Bill Text: HI HB2743 | 2024 | Regular Session | Amended
Bill Title: Relating To Wastewater.
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Enrolled) 2024-05-03 - Received notice of passage on Final Reading in House (Hse. Com. No. 830). [HB2743 Detail]
Download: Hawaii-2024-HB2743-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2743 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WASTEWATER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii has approximately eighty-three thousand cesspools that discharge an estimated fifty million gallons of untreated sewage into the State's groundwater and surface waters every day. This antiquated technology threatens drinking water, increases the risk of human illness, and causes significant harm to streams and coastal resources, including coral reefs.
The legislature also finds that, although the counties are responsible for constructing and maintaining wastewater systems, the State presently does not require the counties to develop wastewater management plans, nor are the counties required to identify neighborhoods that could be connected to existing and planned wastewater treatment facilities. The legislature further finds that state law requires the counties to develop plans to manage solid waste and to update those plans every five years; however, there is no similar requirement for wastewater.
Due to this lack of formal wastewater management planning, individual landowners, the counties, and the department of health currently do not know which cesspools are situated in areas that will eventually be connected with existing and proposed county wastewater facilities, and when those connections can be made. The legislature notes that although the university of Hawaii established the Hawaii cesspool hazard assessment and prioritization tool to prioritize cesspools for connection and conversion, landowners and government agencies are currently unable to identify which priority cesspools are located in areas where wastewater facilities will be expanded. This lack of information makes it difficult for individuals currently served by cesspools to decide whether to invest in cesspool conversions or to wait to connect with existing or proposed county wastewater systems.
The legislature further finds that residents who live in neighborhoods that are connected to wastewater systems managed by a county currently must pay monthly sewer fees, which range from $66.50 per month to more than $100 per month. Residents living on properties having cesspools do not pay a similar monthly fee to the county, even though wastewater from these cesspools threatens clean drinking water, stream ecology, and coastal resources.
The legislature also finds that counties will need new sources of revenue to help pay for new and expanded wastewater facilities. Moneys are also needed to assist low- and moderate‑income landowners to convert cesspools to an approved individual wastewater system or to connect to a decentralized or municipal wastewater system.
Therefore, the legislature finds that counties should be authorized to assess a cesspool pollution fee, develop a program to administer fees, and determine fee amounts and the use of the fee revenue.
Accordingly, the purpose of this Act is to:
(1) Require each county to develop and maintain a wastewater management plan;
(2) Authorize the director of health to exempt a county from creating a wastewater management plan if the county has an existing wastewater management plan that substantially meets certain requirements;
(3) Require the counties to identify specific priority areas in which the county sewer system or other centralized treatment system will be expanded or constructed to reduce or eliminate cesspools before January 1, 2050, and provide for the designation of these areas as sewer improvement districts;
(4) Authorize each county to assess a monthly cesspool pollution fee beginning on July 1, 2025, on real properties containing a cesspool;
(5) Authorize the counties to use cesspool pollution fee revenues for certain activities that eliminate, reduce, or mitigate the impacts of cesspools, including the expansion of county sewer systems and the issuance of grants and low-interest loans to property owners; and
(6) Make appropriations.
SECTION 2. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . COUNTY CESSPOOL ELIMINATION PLANNING
A. General Provisions
§342D-A Definitions. As used in this part, unless the context otherwise requires:
"Alternative plan" means an alternative wastewater management plan approved or conditionally approved by the director pursuant to section 342D‑H.
"Centralized treatment system" means "treatment works" as defined in Hawaii Administrative Rules, title 11, chapter 62.
"Cesspool" has the same meaning as in section 342D-72.
"Community-scale package wastewater treatment system" means "treatment workers" as defined in Hawaii Administrative Rules, title 11, chapter 62.
"County advisory body" means either the county advisory committee appointed under section 342D-C(b)(1) or an existing advisory committee or commission identified under section 342D‑C(b)(2).
"Hawaii cesspool prioritization tool" means the University of Hawaii 2022 Hawaii cesspool prioritization tool.
"Priority level 1 cesspool" means a cesspool located within an area that is designated as a priority level 1 area by the Hawaii cesspool prioritization tool.
"Priority level 2 cesspool" means a cesspool located within an area that is designated as a priority level 2 area by the Hawaii cesspool prioritization tool.
"Properly closed" means a cesspool that has been closed, as determined by the director, and the wastewater system on the property on which the cesspool is located has been:
(1) Connected to an existing sewer system with available capacity;
(2) Connected to a new private or public sewer system;
(3) Connected to a community-scale package wastewater treatment system; or
(4) Converted to a director-approved wastewater system.
"Sewage" means "sewer" and "sewer system" as defined in Hawaii Administrative Rules, Title 11, Chapter 62.
"Sewer improvement district" means a sewer improvement district designated pursuant to section 342D-G.
"Wastewater management plan" means a wastewater management plan pursuant to section 342D-C.
§342D-B Rules. The director may adopt rules pursuant to chapter 91 for the purposes of this part.
B. Wastewater Management Plan
§342D-C Wastewater management plan; establishment; development. (a) By June 30, 2027, each county shall submit to the department a wastewater management plan that has been formally adopted by the county and is consistent with the requirements of this part.
(1) Forming an advisory committee appointed by the mayor, which may be composed of representatives from citizen organizations, the private wastewater industry operating within the county, other industries, relevant county officials and employees, or any other persons deemed appropriate by the mayor; or
(2) Identifying an existing county advisory committee or commission that has a composition similar to the membership described in paragraph (1).
The county advisory body shall review the proposed wastewater management plan during its preparation, make suggestions, and propose any changes the committee or commission believes are appropriate.
(c) The county shall submit the proposed wastewater management plan to the department for review and comment. The department shall provide its comments to the county within ninety calendar days of receiving the proposed wastewater management plan. Following the department's review, the county shall make the proposed wastewater management plan available for public review and comment for a period of no less than sixty calendar days. The county council shall hold at least one public hearing on the proposed wastewater management plan during this period before formally adopting the plan.
(d) The adopted wastewater management plan shall be accompanied by a document that contains a summary table of comments received from the State or the public and a response detailing how the comments have been addressed in the wastewater management plan or, if it has not been addressed, the reason it was not.
§342D-D State review of county wastewater management plan. (a) After submitting to the department a wastewater management plan that has been formally adopted by a county council, the department shall review the wastewater management plan and approve, conditionally approve, approve specific elements or components of, or disapprove the wastewater management plan. The department shall have sixty calendar days to render a decision, unless the department gives written notice to the county that additional time is necessary to complete the review.
(b) The department shall approve any county wastewater management plan or revised wastewater management plan that demonstrates to its satisfaction that:
(1) The wastewater management plan is reasonably complete and accurate, incorporates United States Environmental Protection Agency agreements of consent or consent decrees, as applicable, and is consistent with this chapter and any applicable laws and rules;
(2) The wastewater management plan provides for the maximum feasible development and implementation of the program elements described in section 342D-F(b)(3), (4), and (5), and demonstrates feasible schedules, funding sources, and amounts for doing so; and
(3) The wastewater management plan accomplishes all of the above in a manner consistent with chapter 226.
(c) To expedite and facilitate the wastewater management plan development, review, and adoption process, the department, at the request of the county, may participate directly in the county adoption process by attending public hearings and county council sessions.
(d) The department shall notify the public of the approval, conditional approval, approval of specific elements or components of, or disapproval of the wastewater management plan. The director may hold a public hearing on the wastewater management plan if the director determines that a public hearing is in the public interest or at the request of the county.
§342D-E Submission schedule for revised wastewater management plans. (a) Each state-approved county wastewater management plan shall be revised and submitted to the department on the following schedule:
(1) The first revised wastewater management plan shall be submitted to the department no later than June 30, 2037; and
(2) Subsequent revised wastewater management plans shall be submitted to the department once every ten years; provided that an interim status report on the implementation of a revised wastewater management plan shall be submitted five years after every submission of a revised wastewater management plan to the department.
All revised wastewater management plans shall be consistent with the requirements of this part.
(b) No less than one hundred twenty calendar days before the submission of a revised wastewater management plan to the department, the county shall submit a copy of the proposed revision to the county advisory body for review and comment. All revisions determined by the county advisory body or the department to be substantial revisions shall be subject to:
(1) At least one county public hearing prior to final submission of the revised wastewater management plan to the department for review;
(2) Reconsideration and approval by the county advisory body; and
(3) Review by the department, where the department shall approve, conditionally approve, approve specific elements or components of, or disapprove the wastewater management plan.
In general, any significant changes in policy, program implementation, identification of facilities necessary to accomplish wastewater management plan goals, or funding mechanisms shall be considered substantial revisions. Deadlines for the submittal of substantial revisions shall be pursuant to the schedule outlined in this section.
(c) If neither the county advisory body nor the department deems any changes to be substantial, then those changes shall be incorporated immediately into the wastewater management plan. If any member of the public contests a determination of "lack of substantial revision", that person may appeal the determination to the director. The decision of the director shall be final.
(d) The department may require a county to modify and submit to the department an entire wastewater management plan or specific elements of a wastewater management plan at a date earlier than the schedule outlined in this section if the county's wastewater management plan:
(1) Is incomplete;
(2) Inadequately addresses any element required under section 342D-F; or
(3) Does not address cesspool elimination and mitigation goals.
§342D-F Contents of county wastewater management plans. (a) Each county wastewater management plan and subsequent revision shall include:
(1) A program element; and
(2) A facility capacity and siting element.
A county may include additional elements at its discretion.
(b) The program element shall incorporate and coordinate existing wastewater management plans, ordinances, and guidelines and, at a minimum, shall:
(1) Provide an estimate of the total number of:
(A) Priority level 1 cesspools;
(B) Priority level 2 cesspools; and
(C) Total cesspools,
in the county by watershed, based on the Hawaii cesspool hazard assessment and prioritization tool;
(2) Provide any other information that the department may prescribe;
(3) Identify areas that the county has designated or intends to designate as a sewer improvement district pursuant to section 342D-G and include information required by section 342D-G(b);
(4) Identify areas that are suitable for new alternative treatment processes and receive the department's approval to pilot or use; and
(5) Identify actions to:
(A) Facilitate the conversion or connection of cesspools throughout the county pursuant to section 342D-72;
(B) Manage existing point sources of wastewater pollution;
(C) Manage onsite individual wastewater systems, including septic tanks;
(D) Address industrial waste treatment;
(E) Address procedures for the approval of wastewater systems for new or developing areas;
(F) Address urban stormwater runoff; and
(G) Address the recycling and reuse of water for irrigation purposes.
(c) The facility capacity and siting element shall include, at a minimum:
(1) An existing capacity and future needs component that identifies existing and future facilities needed by the county for wastewater management; and
(2) A plan to improve and expand existing facilities and construct new facilities to implement actions identified in the program element, including:
(A) A description of the specific tasks that are necessary to provide for the development or expansion of the facilities;
(B) The planning, design, funding, staffing, siting, construction, and operation of each facility; and
(C) The schedule, estimated costs, and anticipated funding sources for the expansion or construction of facilities.
§342D-G Sewer improvement districts. (a) Each county shall designate in its wastewater management plan one or more sewer improvement districts; provided that a county that is granted a partial exemption under section 342D-H shall designate sewer improvement districts by ordinance. Each sewer improvement district shall be a specific contiguous or noncontiguous geographic area that:
(1) Contains properties having cesspools;
(2) Is not currently connected to a county sewer system; and
(3) Is identified by the county as an area in which the county sewer system or other centralized treatment system will, before January 1, 2050, be expanded or constructed for the purpose of reducing or eliminating cesspools within the sewer improvement district.
(b) The wastewater management plan or ordinance designating a sewer improvement district shall include the following information for each sewer improvement district:
(1) An identification of specific improvements that are necessary to expand or construct the county sewer systems or other centralized treatment systems within the sewer improvement district; and
(2) A projected timeline for the construction of the improvements identified in paragraph (1), including the estimated date by which all identified sewer improvements will be completed.
(c) In determining which geographic areas are designated as sewer improvement districts, the county, to the extent reasonably practicable, shall prioritize locations that contain priority level 1 cesspools or priority level 2 cesspools.
§342D-H Alternative plan; partial exemption. (a) A county that already maintains an alternative wastewater management plan that substantially addresses the elements required in a wastewater management plan pursuant to section 342D-F, except for provisions relating to sewer improvement districts, may apply to the director for a partial exemption in a manner prescribed by the director. The partial exemption shall exempt the county from the requirements of this subpart, except that the partial exemption shall not apply to sections 342D-G and 342D-I.
(b) The alternative wastewater management plan shall:
(1) Have been published or comprehensively amended no earlier than ten days before the date on which the county applies for a partial exemption; and
(2) Be updated at least once every ten years.
(c) The director shall review the county's alternative wastewater management plan and determine whether the plan substantially addresses the elements required by section 342D-F, except for provisions relating to sewer improvement districts. The determination of whether an element is substantially addressed shall be made by the director in the director's sole discretion.
(d) If the director determines that the alternative wastewater management plan substantially addresses the elements required under section 342D‑F, then the director shall approve the application for a partial exemption.
(e) If the director determines that one or more required elements are not substantially addressed by the county's alternative wastewater management plan, the director may either:
(1) Conditionally approve the application for a partial exemption; provided that the county develops and submits a supplemental wastewater management plan to the department that addresses any elements that are not substantially addressed by the county's alternative wastewater management plan. The director shall set the requirements of and deadlines for the supplemental wastewater management plan; or
(2) Deny the application for a partial exemption.
The decision to conditionally approve or deny an application for a partial exemption shall be made at the sole discretion of the director.
§342D-I Records; reporting. The department or a county, by rule or ordinance, may require an operator of a private sewer system, community-scale package wastewater treatment system, or other wastewater treatment facility to keep records and report data to the department or county.
C. Cesspool Pollution Fee
(b) Each county shall set the amount of the cesspool pollution fee assessed on each applicable real property parcel to be no less than fifty per cent and no more than one hundred per cent of the amount of the monthly sewage fee that would be applicable to the property if the property were connected to the county's sewer system; provided that, if a county adjusts the amount of the applicable sewage fee, the county shall amend the amount of the relevant cesspool pollution fee to be comparable to the county sewage fee that would be applicable for a similar‑sized class of property in that county.
(c) Each county shall maintain on its website a schedule of cesspool pollution fees applicable to each class of property in the county.
(d) The cesspool pollution fee shall not be assessed on any property containing a cesspool that has been properly closed.
(e) If all cesspools on a property that is subject to the cesspool pollution fee are properly closed, the property owner shall provide notice of the cesspool's or cesspools' proper closure, as-built drawings, and construction inspection report to the director. Upon receipt of these documents from the property owner, the director shall verify that all cesspools on the property are properly closed. If the director confirms that all cesspools are properly closed, the director shall issue an approval-to-use letter. The county in which the property is located shall waive future payment of the cesspool pollution fee beginning from the date of the cesspool's proper closure; provided that nothing in this subsection shall relieve the property owner of any obligations that were incurred prior to the date of the cesspool's proper closure.
(f) Each county shall be responsible for collecting the cesspool pollution fee from the owners of affected properties within the county's jurisdiction. All fee revenues shall be deposited into the special fund established by the county pursuant to section 342D-K. The penalty for nonpayment of the cesspool pollution fee shall be determined by each county.
(g) Each cesspool pollution fee billing statement or account statement shall include:
(1) A conspicuous notice to the property owner that the proper closure of all cesspools on the property will relieve the property owner of future payments of the cesspool pollution fee; and
(2) Instructions on how to provide notice to the director that all cesspools on a property are properly closed.
§342D-K County cesspool closure and mitigation special funds; authorized. (a) Each county, by ordinance, may establish a cesspool closure and mitigation special fund, into which shall be deposited:
(1) All cesspool pollution fee revenues collected by the county pursuant to section 342D-J;
(2) All moneys received as repayments of loans pursuant to section 342D-L, including any interest on those loans;
(3) All real property tax revenues designated for the special fund;
(4) Gifts, donations, and grants from any source designated for the special fund; and
(5) Any interest earned or accrued on moneys deposited in the special fund.
(b) The fund shall be administered by the respective county and shall be expended in a manner that is consistent with subsection (c) and the county's wastewater management plan or an alternative plan approved by the director pursuant to section 342D-H, including any required supplemental wastewater management plans.
(c) A county may use cesspool closure and mitigation special fund moneys for:
(1) Any costs associated with the establishment and maintenance of a sewer improvement district;
(2) The conversion of cesspools outside of sewer improvement districts to an individual wastewater system approved by the director;
(3) The establishment of new sewer systems or community-scale package wastewater treatment systems;
(4) Costs associated with the connection of a property having a cesspool to an existing sewer system having available capacity; a new private or public sewer system; or a community-scale package wastewater treatment system that meets the minimum wastewater treatment standards established by the department;
(5) The expansion of county sewer systems, including costs for plans, land acquisition, design, construction, and equipment;
(6) Compliance with any planning or permitting requirements relating to the activities described in paragraphs (1) through (5), including costs to comply with chapter 343 and other requirements;
(7) Projects that mitigate the impacts of cesspools on the environment;
(8) Grants and low-interest loans as provided in section 342D-L;
(9) Community engagement relating to the activities described in paragraphs (1) through (8); and
(10) Costs to administer this part.
§342D-L Grants and loans. (a) A county may offer grants or low-interest loans to pay for costs, in whole or in part, associated with the conversion of a cesspool to a director‑approved wastewater system or the connection of a property having a cesspool to a public or private sewer system or a community-scale package wastewater treatment system that meets the minimum wastewater treatment standards established by the department.
(b) To be eligible for a grant under this section, a property owner shall:
(1) Be part of a household having an income that does not exceed eighty per cent of the area median income as determined by the United States Department of Housing and Urban Development;
(2) Agree to use any grant funds received exclusively for the purposes described in subsection (a);
(3) Comply with all applicable federal, state, and local laws;
(4) Indemnify and hold harmless the State or county and any subdivision thereof and their officers, agents, and employees from and against any and all claims arising out of or resulting from activities carried out or projects undertaken with funds provided under this section;
(5) Agree to make available any records the grantee may have relating to the grant to allow the department to monitor the grantee's compliance with this section; and
(6) Comply with any other requirements that the county may prescribe.
(c) To be eligible for a loan under this section, a property owner shall:
(1) Be part of a household having an income that:
(A) Is at least eighty per cent of the area median income; and
(B) Does not exceed one hundred twenty per cent of the area median income,
as determined by the United States Department of Housing and Urban Development;
(2) Agree to use any loan funds received exclusively for the purposes described in subsection (a);
(3) Comply with all applicable federal, state, and local laws;
(4) Indemnify and hold harmless the State or county and any subdivision thereof and their officers, agents, and employees from and against any and all claims arising out of or resulting from activities carried out or projects undertaken with funds provided under this section;
(5) Agree to make available any records the borrower may have relating to the loan to allow the department to monitor the borrower's compliance with this section; and
(6) Comply with any other requirements that the county may prescribe.
(d) The county shall set the interest rate and term of a loan issued under this section. Loan repayments, including any interest thereon, shall be deposited into the cesspool closure and mitigation special fund and may be used to provide new grants or loans pursuant to this section.
(e) The county may create an on‑bill financing option to facilitate the repayment of a loan under this section concurrently with the property owner's real property tax bill.
(f) The liability of a loan issued under this section shall run with the property, and future owners of the affected property shall be liable for any on-bill payments until the loan is fully repaid.
§342D-M Reports. (a) No later than September 30 of each year, each county that assesses a cesspool pollution fee shall submit a report to the department that includes:
(1) The amount of cesspool pollution fee revenue collected by the county;
(2) A summary of the county's expenditure of cesspool closure and mitigation special fund moneys, including:
(A) A summary of the projects funded under section 342D-K(c)(1) to (7); and
(B) The number of:
(i) Priority level 1 cesspools;
(ii) Priority level 2 cesspools; and
(iii) Total cesspools,
properly closed in the county due to projects funded under section 342D-K(c)(1) to (7);
(C) The number of grants and loans issued in the county pursuant to section 342D-K(c)(8);
(D) The amount of moneys used for grants and loans in the county pursuant to section 342D-K(c)(8); and
(E) The number of:
(i) Priority level 1 cesspools;
(ii) Priority level 2 cesspools; and
(iii) Total cesspools,
closed in the county due to grants and loans issued under section 342D-K(c)(8);
(3) The number of:
(A) Priority level 1 cesspools;
(B) Priority level 2 cesspools; and
(C) Total cesspools,
in the county that have not yet been closed; and
(4) Any findings and recommendations, including any proposed legislation.
(b) 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:
(1) Data aggregated from the county reports submitted pursuant to subsection (a); and
(2) Any findings and recommendations, including any proposed legislation."
SECTION 3. Section 46-1.5, Hawaii Revised Statutes, is amended to read as follows:
"§46-1.5 General powers and limitation of the
counties. Subject to general law, each county
shall have the following powers and shall be subject to the following
liabilities and limitations:
(1) Each
county shall have the power to frame and adopt a charter for its own
self-government that shall establish the county executive, administrative, and
legislative structure and organization, including but not limited to the method
of appointment or election of officials, their duties, responsibilities, and
compensation, and the terms of their office;
(2) Each
county shall have the power to provide for and regulate the marking and
lighting of all buildings and other structures that may be obstructions or
hazards to aerial navigation, so far as may be necessary or proper for the
protection and safeguarding of life, health, and property;
(3) Each
county shall have the power to enforce all claims on behalf of the county and
approve all lawful claims against the county, but shall be prohibited from
entering into, granting, or making in any manner any contract, authorization,
allowance payment, or liability contrary to the provisions of any county
charter or general law;
(4) Each
county shall have the power to make contracts and to do all things necessary
and proper to carry into execution all powers vested in the county or any
county officer;
(5) Each
county shall have the power to:
(A) Maintain
channels, whether natural or artificial, including their exits to the ocean, in
suitable condition to carry off storm waters;
(B) Remove
from the channels, and from the shores and beaches, any debris that is likely
to create an unsanitary condition or become a public nuisance; provided that,
to the extent any of the foregoing work is a private responsibility, the
responsibility may be enforced by the county in lieu of the work being done at
public expense;
(C) Construct,
acquire by gift, purchase, or by the exercise of eminent domain, reconstruct,
improve, better, extend, and maintain projects or undertakings for the control
of and protection against floods and flood waters, including the power to drain
and rehabilitate lands already flooded;
(D) Enact
zoning ordinances providing that lands deemed subject to seasonable, periodic,
or occasional flooding shall not be used for residence or other purposes in a
manner as to endanger the health or safety of the occupants thereof, as
required by the Federal Flood Insurance Act of 1956 (chapter 1025, Public Law
1016); and
(E) Establish
and charge user fees to create and maintain any stormwater management system or
infrastructure; provided that no county shall
charge against or collect user fees from the department of transportation in
excess of $1,500,000 in the aggregate per year; provided further that no
services shall be denied to the department of transportation by reason of
nonpayment of the fees;
(6) Each
county shall have the power to exercise the power of condemnation by eminent
domain when it is in the public interest to do so;
(7) Each
county shall have the power to exercise regulatory powers over business
activity as are assigned to them by chapter 445 or other general law;
(8) Each
county shall have the power to fix the fees and charges for all official
services not otherwise provided for;
(9) Each
county shall have the power to provide by ordinance assessments for the
improvement or maintenance of districts within the county;
(10) Except as otherwise provided, no county shall have the power to give or loan credit to, or in aid of, any person or corporation, directly or indirectly, except for a public purpose;
(11) Where not within the jurisdiction of the public utilities commission, each county shall have the power to regulate by ordinance the operation of motor vehicle common carriers transporting passengers within the county and adopt and amend rules the county deems necessary for the public convenience and necessity;
(12) Each county shall have the power to enact and enforce ordinances necessary to prevent or summarily remove public nuisances and to compel the clearing or removal of any public nuisance, refuse, and uncultivated undergrowth from streets, sidewalks, public places, and unoccupied lots. In connection with these powers, each county may impose and enforce liens upon the property for the cost to the county of removing and completing the necessary work where the property owners fail, after reasonable notice, to comply with the ordinances. The authority provided by this paragraph shall not be self-executing, but shall become fully effective within a county only upon the enactment or adoption by the county of appropriate and particular laws, ordinances, or rules defining "public nuisances" with respect to each county's respective circumstances. The counties shall provide the property owner with the opportunity to contest the summary action and to recover the owner's property;
(13) Each county shall have the power to enact ordinances deemed necessary to protect health, life, and property, and to preserve the order and security of the county and its inhabitants on any subject or matter not inconsistent with, or tending to defeat, the intent of any state statute where the statute does not disclose an express or implied intent that the statute shall be exclusive or uniform throughout the State;
(14) Each county shall have the power to:
(A) Make
and enforce within the limits of the county all necessary ordinances covering
all:
(i) Local police matters;
(ii) Matters of sanitation;
(iii) Matters of inspection of buildings;
(iv) Matters of condemnation of unsafe structures, plumbing, sewers,
dairies, milk, fish, and morgues; and
(v) Matters of the collection and disposition of rubbish and garbage;
(B) Provide
exemptions for homeless facilities and any other program for the homeless
authorized by part XVII of chapter 346, for all matters under this paragraph;
(C) Appoint
county physicians and sanitary and other inspectors as necessary to carry into
effect ordinances made under this paragraph, who shall have the same power as
given by law to agents of the department of health, subject only to limitations
placed on them by the terms and conditions of their appointments; and
(D) Fix
a penalty for the violation of any ordinance, which penalty may be a
misdemeanor, petty misdemeanor, or violation as defined by general law;
(15) Each county shall have the power to provide public pounds; to regulate the impounding of stray animals and fowl, and their disposition; and to provide for the appointment, powers, duties, and fees of animal control officers;
(16) Each county shall have the power to purchase and otherwise acquire, lease, and hold real and personal property within the defined boundaries of the county and to dispose of the real and personal property as the interests of the inhabitants of the county may require, except that:
(A) Any
property held for school purposes may not be disposed of without the consent of
the superintendent of education;
(B) No
property bordering the ocean shall be sold or otherwise disposed of; and
(C) All
proceeds from the sale of park lands shall be expended only for the acquisition
of property for park or recreational purposes;
(17) Each county shall have the power to provide by charter for the prosecution of all offenses and to prosecute for offenses against the laws of the State under the authority of the attorney general of the State;
(18) Each county shall have the power to make appropriations in amounts deemed appropriate from any moneys in the treasury, for the purpose of:
(A) Community
promotion and public celebrations;
(B) The
entertainment of distinguished persons as may from time to time visit the
county;
(C) The
entertainment of other distinguished persons, as well as, public officials when
deemed to be in the best interest of the community; and
(D) The
rendering of civic tribute to individuals who, by virtue of their
accomplishments and community service, merit civic commendations, recognition,
or remembrance;
(19) Each county shall have the power to:
(A) Construct,
purchase, take on lease, lease, sublease, or in any other manner acquire,
manage, maintain, or dispose of buildings for county purposes, sewers, sewer
systems, pumping stations, waterworks, including reservoirs, wells, pipelines,
and other conduits for distributing water to the public, lighting plants, and
apparatus and appliances for lighting streets and public buildings, and manage,
regulate, and control the same;
(B) Regulate
and control the location and quality of all appliances necessary to the
furnishing of water, heat, light, power, telephone, and telecommunications
service to the county;
(C) Acquire,
regulate, and control any and all appliances for the sprinkling and cleaning of
the streets and the public ways, and for flushing the sewers; and
(D) Open,
close, construct, or maintain county highways or charge toll on county
highways; provided that all revenues received from a toll charge shall be used
for the construction or maintenance of county highways;
(20) Each county shall have the power to regulate the renting, subletting, and rental conditions of property for places of abode by ordinance;
(21) Unless otherwise provided by law, each county shall have the power to establish by ordinance the order of succession of county officials in the event of a military or civil disaster;
(22) Each county shall have the power to sue and be sued in its corporate name;
(23) Each county shall have the power to:
(A) Establish and maintain waterworks and sewer works;
(B) Implement a sewer monitoring program that includes the inspection of sewer laterals that connect to county sewers, when those laterals are located on public or private property, after providing a property owner not less than ten calendar days' written notice, to detect leaks from laterals, infiltration, and inflow, any other law to the contrary notwithstanding;
(C) Compel an owner of private property upon which is located any sewer lateral that connects to a county sewer to inspect that lateral for leaks, infiltration, and inflow and to perform repairs as necessary;
(D) Collect rates for water supplied to consumers and for the use of sewers;
(E) Install water meters whenever deemed expedient; provided that owners of premises having vested water rights under existing laws appurtenant to the premises shall not be charged for the installation or use of the water meters on the premises;
(F) Take over from the
State existing waterworks systems, including water rights, pipelines, and other
appurtenances belonging thereto, and sewer systems, and to enlarge, develop,
and improve the same; [and]
(G) Assess cesspool pollution fees and expend
fee revenues and real property tax revenues as provided in section 342D-K; and
[(G)] (H) For purposes of subparagraphs (B) and
(C):
(i) "Infiltration" means groundwater, rainwater, and saltwater that enters the county sewer system through cracked, broken, or defective sewer laterals; and
(ii) "Inflow" means non-sewage entering the county sewer system via inappropriate or illegal connections;
(24) (A) Each county may impose civil fines, in
addition to criminal penalties, for any violation of county ordinances or rules
after reasonable notice and requests to correct or cease the violation have
been made upon the violator. Any
administratively imposed civil fine shall not be collected until after an
opportunity for a hearing under chapter 91.
Any appeal shall be filed within thirty days from the date of the final
written decision. These proceedings
shall not be a prerequisite for any civil fine or injunctive relief ordered by
the circuit court;
(B) Each
county by ordinance may provide for the addition of any unpaid civil fines,
ordered by any court of competent jurisdiction, to any taxes, fees, or charges,
with the exception of fees or charges for water for residential use and sewer
charges, collected by the county. Each
county by ordinance may also provide for the addition of any unpaid
administratively imposed civil fines, which remain due after all judicial
review rights under section 91-14 are exhausted, to any taxes, fees, or
charges, with the exception of water for residential use and sewer charges,
collected by the county. The ordinance
shall specify the administrative procedures for the addition of the unpaid
civil fines to the eligible taxes, fees, or charges and may require hearings or
other proceedings. After addition of the
unpaid civil fines to the taxes, fees, or charges, the unpaid civil fines shall
not become a part of any taxes, fees, or charges. The county by ordinance may condition the
issuance or renewal of a license, approval, or permit for which a fee or charge
is assessed, except for water for residential use and sewer charges, on payment
of the unpaid civil fines. Upon
recordation of a notice of unpaid civil fines in the bureau of conveyances, the
amount of the civil fines, including any increase in the amount of the fine
which the county may assess, shall constitute a lien upon all real property or
rights to real property belonging to any person liable for the unpaid civil
fines. The lien in favor of the county
shall be subordinate to any lien in favor of any person recorded or registered
prior to the recordation of the notice of unpaid civil fines and senior to any
lien recorded or registered after the recordation of the notice. The lien shall continue until the unpaid
civil fines are paid in full or until a certificate of release or partial
release of the lien, prepared by the county at the owner's expense, is
recorded. The notice of unpaid civil
fines shall state the amount of the fine as of the date of the notice and
maximum permissible daily increase of the fine.
The county shall not be required to include a social security number,
state general excise taxpayer identification number, or federal employer
identification number on the notice.
Recordation of the notice in the bureau of conveyances shall be deemed,
at such time, for all purposes and without any further action, to procure a
lien on land registered in land court under chapter 501. After the unpaid civil fines are added to the
taxes, fees, or charges as specified by county ordinance, the unpaid civil
fines shall be deemed immediately due, owing, and delinquent and may be
collected in any lawful manner. The
procedure for collection of unpaid civil fines authorized in this paragraph
shall be in addition to any other procedures for collection available to the
State and county by law or rules of the courts;
(C) Each
county may impose civil fines upon any person who places graffiti on any real
or personal property owned, managed, or maintained by the county. The fine may be up to $1,000 or may be equal
to the actual cost of having the damaged property repaired or replaced. The parent or guardian having custody of a
minor who places graffiti on any real or personal property owned, managed, or
maintained by the county shall be jointly and severally liable with the minor
for any civil fines imposed hereunder.
Any such fine may be administratively imposed after an opportunity for a
hearing under chapter 91, but such a proceeding shall not be a prerequisite for
any civil fine ordered by any court. As
used in this subparagraph, "graffiti" means any unauthorized drawing,
inscription, figure, or mark of any type intentionally created by paint, ink,
chalk, dye, or similar substances;
(D) At
the completion of an appeal in which the county's enforcement action is
affirmed and upon correction of the violation if requested by the violator, the
case shall be reviewed by the county agency that imposed the civil fines to
determine the appropriateness of the amount of the civil fines that accrued
while the appeal proceedings were pending.
In its review of the amount of the accrued fines, the county agency may
consider:
(i) The nature and egregiousness of the violation;
(ii) The duration of the violation;
(iii) The number of recurring and other similar violations;
(iv) Any effort taken by the violator to correct the violation;
(v) The degree of involvement in causing or continuing the violation;
(vi) Reasons for any delay in the completion of the appeal; and
(vii) Other extenuating circumstances.
The civil fine that is imposed by
administrative order after this review is completed and the violation is
corrected shall be subject to judicial review, notwithstanding any provisions
for administrative review in county charters;
(E) After
completion of a review of the amount of accrued civil fine by the county agency
that imposed the fine, the amount of the civil fine determined appropriate,
including both the initial civil fine and any accrued daily civil fine, shall
immediately become due and collectible following reasonable notice to the
violator. If no review of the accrued
civil fine is requested, the amount of the civil fine, not to exceed the total
accrual of civil fine prior to correcting the violation, shall immediately
become due and collectible following reasonable notice to the violator, at the
completion of all appeal proceedings; and
(F) If
no county agency exists to conduct appeal proceedings for a particular civil
fine action taken by the county, then one shall be established by ordinance
before the county shall impose the civil fine;
(25) Any law to the contrary notwithstanding, any county mayor, by executive order, may exempt donors, provider agencies, homeless facilities, and any other program for the homeless under part XVII of chapter 346 from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees; provided that any county may enact ordinances to regulate and grant the exemptions granted by this paragraph;
(26) Any county may establish a captive insurance company pursuant to article 19, chapter 431; and
(27) Each county shall have the power to enact and enforce ordinances regulating towing operations."
SECTION 4. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriations made in this Act are necessary to serve the public interest and to meet the needs provided for by this Act.
(1) $ shall be expended to establish full-time equivalent ( FTE) permanent engineer V (SR-26) position;
(2) $ shall be expended to establish full-time equivalent ( FTE) permanent engineer IV (SR-24) position; and
(3) $ shall be expended to establish full-time equivalent ( FTE) permanent accountant IV (SR-24) position;
provided further that the positions established by this section shall implement the cesspool compliance pilot grant project established by Act 153, Session Laws of Hawaii 2022, and perform other duties relating to the conversion of cesspools.
The sum appropriated shall be expended by the department of health for the purposes of this Act; provided that the moneys appropriated shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided further that all moneys from the appropriation unencumbered as of June 30, 2026, shall lapse as of that date.
SECTION 6. 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 2024-2025 to assist the counties in
implementing section 2 of this Act:
County of Hawaii $
County of Kauai $
County of Maui $
City and county of Honolulu $
Total $
The sum appropriated shall constitute the
State's share of the cost of the mandated program under article VIII, section
5, of the state constitution.
The sum appropriated to each county shall be expended by the respective county for the purposes of this Act.
SECTION 7. In codifying the new sections added by section 2 and referenced in section 3 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 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 3000.
Report Title:
DOH; Counties; Cesspools; Wastewater; Sewer Improvement Districts; Wastewater Management Plan; Cesspool Pollution Fee; Grants; Low‑Interest Loans; Appropriations; Expenditure Ceiling
Description:
Requires
each county to develop and maintain a wastewater management plan. Authorizes the Director of Health to exempt a
county from creating a wastewater management plan under certain
conditions. Requires the counties to
identify specific priority areas in which the county sewer system or other
centralized treatment system will be expanded or constructed to reduce or
eliminate cesspools before 1/1/2050. Provides for the designation of these priority
areas as sewer improvement districts.
Authorizes each county to assess a monthly cesspool pollution fee beginning in 7/1/2025 on real
properties containing a cesspool.
Authorizes the counties to use fee revenues for certain activities that
eliminate, reduce, or mitigate the impacts of cesspools, including the
expansion of county sewer systems and the issuance of grants and low‑interest
loans to property owners. Makes
appropriations.
Effective 7/1/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
