Bill Text: HI HB1759 | 2024 | Regular Session | Amended
Bill Title: Relating To Cesspools.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2024-03-20 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN/WAM. [HB1759 Detail]
Download: Hawaii-2024-HB1759-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1759 |
THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO CESSPOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 342D-72, Hawaii Revised Statutes, is amended to read as follows:
"§342D-72 Cesspools;
mandatory upgrade, conversion, or connection. (a)
Before January 1, 2050, every cesspool in the State, excluding cesspools
described in subsections (b) and (c) and cesspools granted exemptions by
the director of health pursuant to subsection [(b),] (d), shall
be:
(1) Upgraded or converted to a director-approved wastewater system; or
(2) Connected to a sewerage system.
(b)
Before January 1, 2035, every cesspool categorized as priority level 1
according to the university of Hawaii 2022 Hawaii cesspool prioritization tool
that is attached to or used by any form of housing or lodging that provides
transient accommodations in the State, excluding cesspools granted exemptions
by the director of health pursuant to subsection (d), shall be:
(1) Upgraded or
converted to a director-approved wastewater system; or
(2) Connected to a
sewerage system.
(c) Before January 1, 2040, every cesspool
categorized as priority level 2 according to the university of Hawaii 2022 Hawaii
cesspool prioritization tool that is attached to or used by any form of housing
or lodging that provides transient accommodations in the State, excluding
cesspools granted exemptions by the director of health pursuant to subsection
(d), shall be:
(1) Upgraded
or converted to a director-approved wastewater system; or
(2) Connected to a
sewerage system.
[(b)] (d) The director of health may grant exemptions
from the requirements of [subsection] subsections (a), (b),
and (c) 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)] (e) As used in this section[,
"cesspool"]:
"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.
"Transient accommodations" has the same meaning as defined in section 237D-1."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Cesspools; Transient Accommodations; Upgrade, Conversion, Connection
Description:
Requires cesspools attached to or used by housing or lodging that provides transient accommodations to be upgraded, converted, or connected before 1/1/2035 for priority level 1 cesspools and before 1/1/2040 for priority level 2 cesspools. Takes effect 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.