STAND. COM. REP. NO.  1495-12

Honolulu, Hawaii

                , 2012

RE:   S.B. No. 2640

      S.D. 1

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2640, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO WASTEWATER,"

begs leave to report as follows:

The purpose of this measure is to require counties to allow and make rules regarding the use of otherwise authorized individual wastewater treatment systems as an on-site means of wastewater disposal in lieu of county-operated wastewater treatment systems, if the system pre-dates the county-operated system and the county determines that allowing the system is fair and equitable.

One individual testified in support of this measure.  The Department of Environmental Services of the City and County of Honolulu and Hawaii Water Environment Association testified in opposition.

     Your Committee has amended this measure to:

     (1)  Exclude cesspools in coastal areas from those individual wastewater systems allowed to be used in specific circumstances in lieu of county-operated wastewater treatment systems;

     (2)  Authorize rather than require the counties to permit the use of otherwise authorized individual wastewater systems in certain circumstances;

     (3)  Change the effective date to January 7, 2059, to encourage further discussion; and

     (4)  Make technical, nonsubstantive changes for the purposes of clarity, consistency, and style. 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2640, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2640, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

GILBERT KEITH-AGARAN, Chair