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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1983 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342D- Cesspool upgrade, conversion, or connection; rebate; establishment. (a) The department may establish a cesspool upgrade, conversion, or connection rebate program, to offset qualified expenses incurred by low-income households.
(b) To qualify for the rebate program, applicants shall comply with requirements and conditions established by the department; provided that the rebate program shall be available only to persons whose federal adjusted gross income for the tax year immediately preceding the year the rebate application is submitted does not exceed:
(1) $ for an applicant who files a return as single or married filing separately;
(2) $ for an applicant who files a return as head of household; or
(3) $ for an applicant who files a return as married filing jointly or as a surviving spouse.
(c) Rebate amounts and other program specifications for the rebate program shall be established by the department; provided that the dollar amount of a rebate shall not exceed $10,000 per cesspool.
(d) The applicant shall certify to the department the amount of the applicant's filing status and amount of federal adjusted gross income, under the penalties of perjury, on the form prescribed by the department. In the event that an applicant is ineligible to receive a rebate under this section but provides a false certification in order to be deemed eligible to receive a rebate, the applicant shall repay the amount of the rebate received plus a penalty of percent of the rebate received plus statutory interest at the rate set forth in section 231-39(b)(4). Interest shall be calculated from the date that the rebate was paid until the day that the rebate is repaid by the applicant.
(e) Notwithstanding any law to the contrary, the department of taxation may provide information regarding an applicant's tax filing status and federal adjusted gross income to the department for the purpose of verifying rebate program eligibility. Any tax information provided by the department shall be treated with and afforded the same confidentiality provided pursuant to section 235-116.
(f) The department shall adopt rules pursuant to chapter 91 to effectuate this section.
(g) Notwithstanding any law to the contrary, before , any cesspool found to be in noncompliance with chapter 321, 322, or 342E, this chapter, or rules adopted pursuant to this chapter, as a result of any inspection or other action conducted by state or county personnel pursuant to a person's applying for a rebate under this section, shall not be subject to any penalty imposed by those chapters or rules.
(h) Persons shall not qualify for any other similar credit other than what is provided for in this section.
(i) As used in 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.
"Qualified expenses" means costs that are necessary and directly incurred by the applicant for upgrading or converting a cesspool into a septic system or an aerobic treatment unit system, or connecting a cesspool to a sewer system, and that are certified as a septic system, aerobic treatment unit, or cesspool connected to a sewer system by the appropriate government agency.
"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.
"Sewer system" means a system of piping, with appurtenances, for collecting and conveying wastewater from source to discharge following treatment."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval and shall be repealed on December 31, 2020.
Report Title:
Cesspool Upgrade, Conversion, or Connection; Rebate Program
Description:
Authorizes the Department of Health to establish a cesspool upgrade, conversion, or connection rebate program. Disallows the rebate for cesspool upgrade, conversion, or connection for applicants whose federal adjusted gross income exceeds a certain amount. Provides that cesspools found to be illegal, as a result of an inspection conducted due to a person applying for a rebate, are not subject to penalty. Repeals on 12/31/2020. (SD1)
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