STAND. COM. REP. NO. 162

Honolulu, Hawaii

, 2025

RE: H.B. No. 735

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 735 entitled:

"A BILL FOR AN ACT RELATING TO WASTEWATER,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Allow an individual wastewater system to serve up to five bedrooms, regardless of the number of dwelling units or accessory units, whether attached or detached; and

(2) Temporarily permit certain new buildings constructed within a priority level 3 area, as designated by the Hawaii Cesspool Prioritization Tool, that contain up to five bedrooms to be served by an existing cesspool.

Your Committee received testimony in support of this measure from Grassroot Institute of Hawaii; Hanalei Initiative; and two individuals. Your Committee received testimony in opposition to this measure from Hawaiʻi Wai Ola. Your Committee received comments on this measure from the Department of Health.

Your Committee finds that existing administrative rules allow an individual wastewater system to serve no more than five bedrooms, regardless of whether the five bedrooms are in one dwelling unit or two dwelling units. Therefore, certain dwelling units may be prohibited from using an individual wastewater system solely because the bedrooms are outside the dwelling unit. This measure addresses this issue by allowing an individual wastewater system to serve up to five bedrooms, regardless of the number of dwelling units or accessory units, whether attached or detached.

Your Committee has amended this measure by:

(1) Excluding new requests to connect additional dwelling units to an existing cesspool from the provision allowing an individual wastewater system to serve up to five bedrooms, regardless of the number of attached or detached dwelling or accessory units;

(2) Removing the language allowing certain new buildings constructed within a priority level 3 area to be served by an existing cesspool;

(3) Changing the effective date to July 1, 3000, to encourage further discussion; and

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

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 H.B. No. 735, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 735, H.D. 1, and be referred to your Committee on Water & Land.

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

____________________________

NICOLE E. LOWEN, Chair