STAND. COM. REP. NO.  1189-18

 

Honolulu, Hawaii

                , 2018

 

RE:   S.B. No. 2567

      S.D. 2

      H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

 

Sir:

 

     Your Committee on Energy & Environmental Protection, to which was referred S.B. No. 2567, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO CESSPOOLS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to improve the State's ability to control and reduce water pollution from cesspools by:

 

(1)  Requiring the owner of property that contains a cesspool and is located within a priority upgrade area to upgrade the cesspool within a period of time after sale of the property by connecting to a sewer system or installing an individual wastewater system in compliance with Department of Health rules;

 

(2)  Requiring a Realtor to advise clients of the rights and responsibilities regarding properties that contain a cesspool and are located within a priority upgrade area; and

 

(3)  Requiring disclosure that the residential real property contains a cesspool under the State's Mandatory Seller Disclosure law.

 

     The Department of Health, Department of Environmental Services of the City and County of Honolulu, the Member representing the 4th District of the Hawaii County Council, Oahu County Committee on Legislative Priorities of the Democratic Party of Hawaii, Friends of Hanauma Bay, Sierra Club of Hawai‘i, Hawai‘i Reef and Ocean Coalition, Surfrider Foundation, Oahu Chapter of the Surfrider Foundation, and several concerned individuals supported this measure.  The Mayor of the County of Hawai‘i, Maui County Planning Department, Hawai‘i Association of REALTORS, and a few concerned individuals opposed this measure.

 

     After careful consider, your Committee has amended this measure by deleting its substance and substituting therefor provisions that establish a Cesspool Upgrade Task Force within the Department of Health to consider and recommend means by which the Department of Health can ensure that cesspools on properties that are within priority upgrade areas are converted to more environmentally-responsible waste treatment systems or connected to sewer systems within fifteen years.

 

     As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2567, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2567, S.D. 2, H.D. 1, and be referred to your Committee on Health & Human Services.

 

 

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

 

 

 

 

____________________________

CHRIS LEE, Chair