STAND. COM. REP. NO. 3149

Honolulu, Hawaii

RE: H.B. No. 1691

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committees on Agriculture and Environment and Health and Human Services, to which was referred H.B. No. 1691, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE ENVIRONMENT,"

beg leave to report as follows:

The purpose and intent of this measure is to require newly installed or modified individual wastewater systems that are near the shoreline, or likely to pollute groundwater, to include denitrification capacity.

Your Committees received testimony in support of this measure from the Department of Land and Natural Resources; one member of the Hawaiʻi County Council; one member of the Kauaʻi County Council; Hawaiʻi State Association of Counties; Wastewater Alternatives and Innovations LLC; Surfrider Foundation, Hawaii Region; Hawaiʻi Reef and Ocean Coalition; and twelve individuals.

Your Committees received comments on this measure from the Department of Health, University of Hawaiʻi Sea Grant College Program, University of Hawaiʻi Water Resources Research Center, and Hawaiʻi Association of REALTORS.

Your Committees find that wastewater systems have the potential to pollute groundwater and nearshore waters by introducing elevated levels of contaminants, such as nitrogen, phosphorus, and pathogens. Your Committees recognize that a 2023 Hawaii-based study found that septic and cesspool pollution is a major driver of coral reef decline along the coastline of West Hawaii. According to testimony received by your Committees, the denitrification capacity in this measure requires a fifty percent reduction for total nitrogen, which is a standard that is widely used to meet the growing demand for nutrient reduction in coastal areas and sensitive environments. This measure will decrease threats from certain newly installed or modified individual wastewater systems to drinking water, human health, and significant harm to streams and coastal resources, including coral reefs.

Your Committees have amended this measure by:

(1) Clarifying the definition of "denitrification capacity";

(2) Inserting an effective date of July 1, 2050, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Health and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1691, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1691, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Health and Human Services,

________________________________ JOY A. SAN BUENAVENTURA, Chair

________________________________ MIKE GABBARD, Chair