STAND. COM. REP. NO. 1164

Honolulu, Hawaii

RE: H.B. No. 735

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committees on Health and Human Services and Agriculture and Environment, to which was referred H.B. No. 735, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO WASTEWATER,"

beg leave to report as follows:

The purpose and intent of this measure is to allow an individual wastewater system to serve up to five bedrooms, regardless of the number of dwellings, dwelling units, or accessory units, whether attached or detached, with certain exclusions.

Your Committees received testimony in support of this measure from one member of the Kauaʻi County Council, Department of Planning of the County of Kauaʻi, Hawaii Association of REALTORS, Hanalei Initiative, Wastewater Alternatives & Innovations, Grassroot Institute of Hawaii, and five individuals.

Your Committees received testimony in opposition to this measure from one individual.

Your Committees received comments on this measure from the Department of Health and one individual.

Your Committees find that existing administrative rules allow an individual wastewater system to serve no more than five bedrooms, whether the five bedrooms are in one dwelling unit or two dwelling units. However, your Committees further find that the definition of a dwelling unit under chapter 62, Hawaii Administrative Rules, does not clearly consider the varied types of development, such as dwelling units that may have exterior bedrooms without a kitchen or guest houses with a bathroom but without a kitchen. Your Committees recognize that certain dwelling units may be prohibited from using an individual wastewater system solely because the bedrooms are outside the dwelling unit. By allowing a single individual wastewater system to support up to five bedrooms, this measure provides a practical and cost-effective solution to support affordable housing efforts while maintaining responsible wastewater management.

Your Committees have amended this measure by:

(1) Inserting an effective date of December 31, 2050, to encourage further discussion; and

(2) 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 Health and Human Services and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 735, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 735, H.D. 2, S.D. 1, and be referred to your Committee on Ways and Means.

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

________________________________ MIKE GABBARD, Chair

________________________________ JOY A. SAN BUENAVENTURA, Chair