Streamlines the approval of individual wastewater systems for home construction, aiding housing affordability, by allowing counties to assume wastewater system regulation and receive funding for implementation.

A BILL FOR AN ACT

SECTION 1. Section 342D-13, Hawaii Revised Statutes, is amended to read as follows:

″[[]§342D-13[]] Fees. The director may establish reasonable fees for the issuance of permits and variances to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances (not including court costs or other costs associated with any formal enforcement action). The fees shall be deposited to the credit of the general fund[.], unless the department enters into an agreement with a county pursuant to section 342D-19(d). To the extent specified in the agreement, fees collected by the county that has entered into an agreement with the department shall be deposited to the credit of the county.?

SECTION 2. Section 342D-19, Hawaii Revised Statutes, is amended to read as follows:

″[[]§342D-19[]] Effects of laws, ordinances, and rules. (a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect.

(b) Any county may adopt ordinances and rules governing any matter relating to water pollution control which is not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to water pollution control shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof except as provided in subsection (c).

(c) Any county desiring to administer its own laws, ordinances, and rules on the design, construction, and operation of sewerage and treatment facilities may submit to the director a full and complete description of the program it proposes to establish and administer under county law. In addition, the county shall submit a statement from its corporation counsel or county attorney that the laws of the county provide adequate authority and the standards are equal to or more stringent than the standards of the department to carry out the described program. The director shall approve each such submitted program unless the director determines that either adequate authority does not exist or the proposed standards are less stringent than those of the department.

(d) The department may enter into an agreement with any county desiring to administer part or all of the department′s rules on the design, construction, and operation of sewerage and treatment facilities.?

SECTION 3. New statutory material is underscored.