THE SENATE |
S.B. NO. |
2117 |
TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING to WATER POLLUTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the public health and the water quality in Hawaii's streams, groundwater, and ocean are being harmed by water pollution from cesspools and other nonpoint sources, including raw sewage and stormwater, that flows off the land into state waters directly, rather than through pipes or ditches. Public recreation is harmed by such nonpoint source pollution with the frequent "brown water advisories" that follow heavy rain events. Nonpoint source pollution is also harmful to the precious coral reefs on which Hawaii's economy, shoreline, recreation, fisheries, and native species depend. Cesspool owners pay no fees for the pollution that they place in the public's groundwater and surface waters, whereas those who are served by sewers pay substantial fees, averaging nearly $100 per month on Oahu. Upgrading cesspools can be expensive for homeowners, averaging $20,000, presenting a barrier to improving water quality.
The purpose of this Act is to improve the State's ability to control and reduce water pollution from cesspools and other nonpoint sources by:
(1) Establishing the cesspool compliance grant program to provide financial assistance for low and moderate income cesspool owners upgrading to septic or other advanced treatment systems or connecting to sewers;
(2) Providing funds for such grants by requiring the director of health to propose cesspool operating fees by rule by June 30, 2020; and
(3) Authorizing the department of health to order cesspool upgrades in specific areas by July 1, 2028.
SECTION 2. Chapter 342D, Hawaii Revised Statutes, is amended by adding four new sections to part IV to be appropriately designated and to read as follows:
"§342D-A 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, aerobic treatment unit system, or
other advanced treatment system approved by the department; or
(2) Connecting a cesspool
to a sewerage system.
(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 Hawaii
adjusted gross income of $70,000 or more;
(2) A taxpayer
filing as a head of household with a Hawaii adjusted gross income of $105,000
or more; or
(3) A taxpayer
filing a joint return or as a surviving spouse with a Hawaii adjusted gross
income of $140,000 or more.
(c) The department shall adopt rules, pursuant to
chapter 91, necessary 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 Hawaii
adjusted gross income of the homeowner.
§342D-B Cesspools;
upgrades, conversion, or connection required in priority areas. (a)
The department shall investigate the number, scope, location, and
priority of cesspools statewide that require upgrade, conversion, or connection
based on each cesspool's impact on public health or the environment, and may order
that cesspools in such areas be upgraded, converted, or connected to a sewerage
system by July 1, 2028, excluding cesspools granted exemptions by the
director pursuant to subsection (b).
(b) The director may grant exemptions from the
requirements of subsection (a) to cesspool owners who apply for an exemption
and present 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; or
(4) Accessibility
issues.
§342D-C Water
pollution control account. (a) There is established within the water
pollution control revolving fund established under section 342D-83 a separate
account to be designated as the water pollution control account, into which
shall be deposited:
(1) All revenues
generated from fees authorized by rules adopted pursuant to chapter 91, under
section 342D-D;
(2) Any moneys
appropriated from the general revenues of the State for these purposes; and
(3) All interest
earned or accrued on moneys deposited in the water pollution control account.
(b) The moneys in the water pollution control
account shall be expended by the department for controlling and reducing
pollution from septic systems and cesspools and nonpoint source pollution,
including by:
(1) Preparing
generally applicable rules or guidelines;
(2) Implementing
and enforcing the terms and conditions of any rules, permits, waivers, and
department-approved plans;
(3) Monitoring
discharges and water quality in state waters;
(4) Performing or
reviewing modeling, analyses, and demonstrations;
(5) Conducting the
outreach program under section 342E- ;
(6) Implementing
the cesspool compliance grant program established under section 342D-A; and
(7) Administering
the water pollution control account.
For purposes of this section,
"nonpoint source pollution" shall have the same meaning as in section
342E-1.
§342D-D Fees. No later than June 30, 2020, the director
shall propose for adoption rules pursuant to chapter 91 establishing operating
fees for owners of cesspools and determining how these fees shall be collected. The director shall determine in consultation
with each county the most efficient way to collect these fees. Counties that collect fees pursuant to rules
under this section shall timely remit the fees, minus reasonable collection
charges, for deposit into the water pollution control account established under
section 342D‑C."
SECTION 3. Chapter 342E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342E- Nonpoint source pollution and cesspool
outreach and assistance. The director shall establish an
outreach program to provide information on controlling nonpoint source
pollution, including:
(1) Information on
sewerage system connections and upgrades to approved individual wastewater
systems; and
(2) Opportunities
for financial assistance for sewer connections and upgrades to approved
individual wastewater systems.
For purposes of this section,
"nonpoint source pollution" shall have the same meaning as in section
342E-1."
SECTION 4. 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 2018-2019 for deposit into the water pollution control revolving fund.
SECTION 5. 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 2018-2019 for implementation of the cesspool compliance grant program.
The sum appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 6. In codifying the new sections added by section 2 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 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 2018.
INTRODUCED BY: |
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Report Title:
Cesspools; Cesspool Compliance Grant Program; Cesspool Upgrades; Outreach Program; Appropriation
Description:
Establishes the cesspool compliance grant program for low and moderate income cesspool owners to mitigate the costs of upgrading to septic or other advanced treatment systems or connecting to sewers. Provides funds for grants by requiring the director of health to propose cesspool operating fees by rule by June 30, 2020. Authorizes the department to order cesspools to be upgraded, converted, or connected to sewerage systems by July 1, 2028, in specific areas that are needed for protecting public health and the environment. Requires the director to establish a program on nonpoint source pollution and cesspool outreach and assistance. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.