Bill Text: HI HB2196 | 2020 | Regular Session | Amended
Bill Title: Relating To Water Quality.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2020-03-16 - The hearing on this measure has been cancelled until further notice. [HB2196 Detail]
Download: Hawaii-2020-HB2196-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2196 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WATER QUALITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that Hawaii's coastal waters and coral reefs sustain a way of life by providing fisheries, coastal protection from storms and waves, sustainable ecotourism, recreation, and culture. The people of Hawaii have a responsibility, and the State a public trust duty, to take care of these coastal waters and ecosystems.
The legislature further finds that the coral reefs of the world are under mortal stress from anthropogenic climate change. By 2050, nearly all reefs are estimated to be threatened, with seventy-five per cent facing high, very high, or critical threat levels. In West Hawaii, coral cover declined by fifty per cent after coral bleaching in 2014 and 2015, and since then only a fraction of the coral has recovered.
Nutrient pollution, sedimentation, and the perturbance of fish and marine invertebrate populations are local stressors which exacerbate the effects of climate change on coral reef communities.
Protecting Hawaii's nearshore waters and reefs in this time of change requires action on multiple fronts, including reducing greenhouse gas emissions to zero, sequestering carbon in restored soils and forests, protecting watersheds from erosion, controlling invasive species, and preventing additional non‑native species introductions.
Untreated or inadequately treated human wastewater is a source of nutrients to nearshore waters, which can be locally controlled to reduce stress on coral reefs. Responsible wastewater management is also critical for the protection of human health and the safe enjoyment of nearshore waters.
The legislature finds that wastewater injection wells and onsite sewage disposal systems, especially cesspools, in coastal areas directly affect our nearshore waters and coral reefs. Research conducted pursuant to Act 125, Session Laws of Hawaii 2017, has shown that nitrogen from human wastewater directly impacts nearshore water quality and is used by invasive algae growing in these waters.
Decreasing nutrient flow to groundwater and nearshore waters via individual wastewater onsite sewage disposal systems and municipal sewer-connected wastewater disposal systems can be achieved by encouraging and incentivizing management, education, innovation, and nature-based solutions.
The purpose of this Act is to protect groundwater and nearshore water quality and coral reefs by reducing nutrient pollution from wastewater disposal.
SECTION 2. The legislature finds that maintenance of individual wastewater treatment systems is the responsibility of individual homeowners. Irresponsible maintenance practices lead to increased nutrient and bacteria flux to groundwater and nearshore waters.
The purpose of this part is to require onsite sewage disposal system servicers to report to the department of health:
(1) Any onsite sewage disposal system that receives multiple pump services within a year; and
(2) The servicer's service records.
SECTION 3. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§342D‑ Onsite sewage disposal system servicers;
reporting requirements. (a)
Every onsite sewage disposal system servicer that
provides pump services to an onsite sewage disposal system two or more times
within one year shall submit a report to the department with the tax map key number of the onsite sewage disposal system.
(b) Every onsite sewage disposal system servicer
shall annually submit to the department the servicer's service records, which
shall include the following information:
(1) The dates the services were
provided;
(2) The types of services provided; and
(3) The tax map key numbers of the
onsite sewage disposal systems.
(c) For the purposes of 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.
"Onsite
sewage disposal system" means any onsite system for the treatment and
disposal of domestic sewage, including cesspools, septic systems, and aerobic
treatment unit systems.
"Onsite
sewage disposal system servicer" means any individual, corporation,
company, or any other entity or organization that provides services for onsite
sewage disposal systems.
"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."
PART III
SECTION 4. Pursuant to section 342D-72, Hawaii Revised Statutes, before January 1, 2050, every cesspool in the State, excluding cesspools granted exceptions by the director of health, must be:
(1) Upgraded or converted to a septic system or aerobic treatment unit system; or
(2) Connected to a sewerage system.
Successful transition will require early planning for individuals and communities regarding the need and options for cesspool conversions. Additionally, where onsite sewage disposal systems are lawful and appropriate, conducting regular maintenance is critical to reduction of nutrient and bacterial seepage to groundwater and nearshore waters. The legislature finds that the State lacks a residential outreach and engagement effort for affected individuals.
The purpose of this part is to commission a comprehensive
statewide outreach program by the University of Hawaii sea grant college
program, in cooperation and consultation with the department of
health, that provides science-based information and
understanding of sewage contamination sources in nearshore marine areas;
increases understanding of sewage capacity needs; and informs all stakeholders,
including the department of health, of appropriate solutions that support
converting all cesspools in the State by 2050.
SECTION 5. (a) The University of Hawaii sea grant college program, in cooperation and consultation with the department of health, shall develop and conduct a two-year comprehensive statewide outreach program that provides science-based information and understanding of sewage contamination sources in nearshore marine areas; increases understanding of sewage capacity needs; and informs all stakeholders, including the department of health, of appropriate solutions that support converting all cesspools by 2050.
(b) The comprehensive statewide outreach program shall have the following objectives:
(1) Provide outreach and engagement for residents regarding:
(A) The responsible maintenance of individual wastewater disposal systems; and
(B) The options available for onsite sewage disposal system upgrades to reduce nutrient and bacteria flux to groundwater and nearshore waters;
(2) Develop
a plan for conducting a two-year, statewide, systematic outreach plan focused
on providing education and communication about sewage contamination and the
need for statewide conversion of cesspools to protect the coastal and nearshore
environment; and
(3) Conduct a stakeholder needs assessment to identify physical, practical, and financial impediments that may be encountered by land owners who are required to connect pre-existing cesspools to a sewer system or convert cesspools to an individual waste treatment system and recommend solutions to inform the cesspool conversion working group and its finance, technology, and research subgroups about the gaps and sewage capacity needs for the conversion of all cesspools by 2050.
(c) The University of Hawaii sea grant college program shall submit a report of its findings and recommendations, including any proposed legislation, to the cesspool conversion working group established pursuant to Act 132, Session Laws of Hawaii 2018, and the legislature by October 1 of every year, with a final report due no later than October 1, 2022.
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 2020-2021 for the University of Hawaii sea grant college program, in cooperation and consultation with the department of health, to carry out the purposes of this part.
The sum appropriated shall be expended by the University of Hawaii for the purposes of this part.
PART IV
SECTION 7. The purpose of this part is to appropriate funds for the University of Hawaii water resources research center, in collaboration with the department of health, to conduct research on the most cost-effective way to upgrade cesspools in the State.
SECTION 8. (a) The University of Hawaii water resources research center, in collaboration with the department of health, shall conduct research on wastewater system technologies to determine the most cost-effective way to upgrade cesspools in the State and reduce the impact of cesspools on drinking water and groundwater.
(b) The University of Hawaii water resources research center shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2021.
SECTION 9. 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 2020-2021 for the University of Hawaii water resources research center to conduct research pursuant to section 8.
The sum appropriated shall be expended by the University of Hawaii for the purposes of this part.
PART V
SECTION 10. The legislature finds that the State does not maintain updated records of onsite sewage disposal systems statewide. Understanding the cesspool problem, prioritization of cesspool conversion, and enforcement of the state cesspool ban are reliant upon accurate data regarding the status of cesspools statewide.
The purpose of this part is to require and appropriate funds for the cesspool conversion working group to:
(1) Compile an updated database of onsite sewage disposal systems statewide; and
(2) Submit a report of its findings and recommendations to the department of health and the legislature.
SECTION 11. The cesspool conversion working group established by Act 132, Session Laws of Hawaii 2018, shall compile an updated database of onsite sewage disposal systems statewide:
(1) Using records from the department of health, onsite sewage disposal system servicers, and the counties; and
(2) By conducting homeowner outreach.
SECTION
12. The cesspool conversion working
group shall submit a report of its findings and recommendations, including any
proposed legislation, to the department of health and legislature no later than
twenty days prior to the convening of the regular session of 2021.
SECTION 13. 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 2020-2021 for the cesspool conversion working group to compile an updated database of onsite sewage disposal systems statewide and submit a report to the department of health and legislature.
The sum appropriated shall be expended by the department of health for the purposes of this part.
PART VI
SECTION 14. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 15. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 16. New statutory material is underscored.
SECTION 17. This Act shall take effect on July 1, 2050.
Report Title:
Water Quality; Onsite Sewage Disposal Systems; DOH; UH Water Resources Research Center; UH Sea Grant College Program; Appropriations
Description:
Establishes reporting requirements for onsite sewage disposal system (OSDS) servicers. Appropriates funds for UH sea grant college program, in collaboration with DOH, to conduct community outreach regarding OSDS. Appropriates funds for UH water resources research center, in collaboration with DOH, to research the most cost-effective way to upgrade or convert cesspools. Requires and appropriates funds for the cesspool conversion working group to compile an updated database of OSDS statewide. Effective 7/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
